ARGUMENTASI HUKUM HAKIM DALAM MENJATUHKAN SANKSI PIDANA LEBIH RINGAN DARI TUNTUTAN PENUNTUT UMUM DALAM PERKARA KEPEMILIKAN SENJATA API TANPA IZIN (STUDI PUTUSAN NOMOR : 67/PID.SUS/2015/PN.BTA

SETIAWAN, AAN TRI (2018) ARGUMENTASI HUKUM HAKIM DALAM MENJATUHKAN SANKSI PIDANA LEBIH RINGAN DARI TUNTUTAN PENUNTUT UMUM DALAM PERKARA KEPEMILIKAN SENJATA API TANPA IZIN (STUDI PUTUSAN NOMOR : 67/PID.SUS/2015/PN.BTA. Other thesis, Universitas Sebelas Maret.

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Abstract

ABSTRACT Aan Tri Setiawan. E0010002. THE ARGUMENT LAW JUGDE IMPOSE SANCTIONS CRIMINAL PRISON LIGHTER THAN DEMANDS PUBLIC PROSECUTOR IN THE MATTER OF POSSESSION OF A FIREARM WITOUT PERMISSION ( Study of Decision Number: 67/PID.SUS/PN.BTA). Legal Writing (Thesis). Faculty of Law Sebelas Maret University. Surakarta. The circulation of firearms that are not closely monitored and illegal possession of a firearm is an example of the misuse of firearms. This research aims to understand criminal conformity the demands of the public prosecutor Baturaja court in the matter of possession of a firearm with the act Of Law No.12 Emergencies in 1951. It is also determine legal argument the judge to criminal sanctions lighter than the demands of the public prosecutor. This research is a normative law is prescriptive and applied. Legal research approach used is a case approach. The type of material used law is the primary legal materials and secondary legal materials. Legal material collection techniques in this research is the study of literature. The legal materials analysis techniques using deductive method in legal reasoning. Based on the results of research and discussion produced drawing conclusions, the first that the complaint the public prosecutor the suspect the criminal act of possession of a firearm without permission in the matter of no.67 / PID.SUS / 2015 / PN.BTA was conducted in accordance with this legal facts , good information witnesses, the defendant, and the evidence .The demands of the public prosecutor in accordance in an indictment that have already been fulfilled namely said the defendant Kumaridin bin Umar Hasan legally and convince be found guilty of a criminal offense “possession of a firearm without any license as in article 1 of Section (1) Of Law No. 12 Emergencies In 1951 about Guns and Ammunition”. While the argument the judge sanctions lighter have been in its based on the facts and law dipersidangan with confidence judge itself in consideration of things that which encumbers and relieve the defendant to sentencing and penalty and the establishment of the justice for the community . Keywords : Firearm, Judge Decision, Misuse of firearm

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