Proses penuntutan tindak pidana kepemilikan senjata api secara illegal oleh kejaksaan negeri Surakarta (Studi Empiris Undang-Undang Nomor 12/Darurat/1951)

Oleh :
Prima Retnaning Tyas - E0005251 - Fak. Hukum

ABSTRAK This research aims to find out how the procedure of prosecution conducted by the Surakarta First Instance Court is in the illegal gun ownership criminal action according to Act. No.12/Emergency/1951 and what becomes the ground of court’s consideration in deciding the charge as well as what the obstacle the court faces in imposing such charge. This study belongs to a descriptive research and if it is viewed from the objective belongs to an empirical law article. The research was taken place in Surakarta First Instance Court. The data type employed was primary data. Techniques of collecting data used were interview and literary study on the books, legislations, documents and etc. The data analysis was conducted qualitatively. Based on the result of research and discussion, it can be revealed that the prosecution process of illegal gun ownership criminal action according to Act. No.12/Emergency/1951 is the same as other prosecution processes generally. But the presence of larger maximum sanction makes this criminal action having a higher value for the Court to provide the size of charge in order to remain just for all parties. As the appendix, the writer provides No. Reg Perk: PDM-15/2/SKRT/03/2006 existing in Surakarta First Instance Court. The ground of court’s consideration in imposing the charge includes two aspects: to incriminate and to mitigate. The incriminating aspect is that the action makes the society anxious and the accused has ever been punished. Meanwhile the mitigating aspect is that the accused has good manner during the trial, the accused regrets his action, and the accused gives information clearly, thereby facilitating the trial process. The recommendations given include: firstly, the government should takes the follow-up action to give the society the feeling of safety; secondly, the law enforcing apparatus should routinely control the illegal gun circulation as well as ownership so that it does not spread widely and it is difficult to get such gun.