Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.

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Publication Details

Journal
International Journal of Law and Society
Published
2024-09-23
DOI
https://doi.org/10.11648/j.ijls.20240703.14
Citations
1
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
4.07
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article

Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

D Heise Christian, Rahman Amin
1 citations
International Journal of Law and Society
Legal and Social Justice Studies
4.07
article

Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

D Heise Christian, Rahman Amin
article en
1 citations

Abstract

Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.

International Journal of Law and SocietyVol. 7(3)
Universitas Bhayangkara Jakarta Raya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 8%
Legal and Social Justice Studies
4.07
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Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia — D Heise Christian, Rahman Amin · International Journal of Law and Society (2024) | TGRS Research Map | TGRS