ANALISIS PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA KEPEMILIKAN SENJATA TAJAM TANPA IZIN PIHAK BERWENANG MENURUT UNDANG-UNDANG DARURAT NOMOR 12 TAHUN 1951 (Studi Putusan Nomor: 54/Pid.Sus/2022/PN.Tjk)

Abstract

Crimes involving sharp weapons frequently occur and can endanger the public, whether for self-defense or for attacking others. Therefore, the possession of sharp weapons is strictly regulated under Emergency Law Number 12 of 1951. This study examines law enforcement against the criminal offense of unauthorized possession of a stabbing weapon through a case study of Decision Number 54/Pid.Sus/2022/PN.Tjk. The research method uses a normative and empirical juridical approach with primary data, analyzed qualitatively, through interviews with judges and prosecutors. The results show that the law enforcement process is carried out according to the mechanisms of the criminal justice system, starting from investigation, prosecution, trial, and ending with the judge's verdict sentencing the defendant to 8 months in prison. The judge's considerations were based on the fulfillment of the criminal elements and the social impact of the defendant’s actions, even though the motive for carrying the weapon was self-defense. The recommendation of this study is that judges should impose firm punishments to create a deterrent effect, and the public is advised not to carry sharp weapons without permission as it may cause unrest and disrupt public order.