Analisis Yuridis Terhadap Pemenuhan Unsur Tindak Pidana Membawa Benda Tajam Tanpa Hak (Studi Putusan Nomor 212/Pid.Sus/2023/PN Lmg)

Natasya, Lyra Fitri (2025) Analisis Yuridis Terhadap Pemenuhan Unsur Tindak Pidana Membawa Benda Tajam Tanpa Hak (Studi Putusan Nomor 212/Pid.Sus/2023/PN Lmg). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Public safety and order are important elements in realising the objectives of the rule of law. Every citizen has the right to feel safe from all forms of crime that could disrupt the peace of society. One of the crimes that exist in society is criminal acts involving the use or possession of sharp objects. However, in practice, the imposition of criminal penalties on someone carrying a sharp object can be viewed differently, as in Decision Number 212/Pid.Sus/2023/PN Lmg. This study aims to determine the judge's considerations in Decision Number 212/Pid.Sus/2023/PN Lmg regarding the punishment for carrying sharp objects, as well as the legal analysis of the fulfilment of the elements of the criminal act of carrying sharp objects without rights as stated in Decision Number 212/Pid.Sus/2023/PN Lmg. This study uses a normative legal method with a statute approach, case approach, and conceptual approach. The data collection procedure uses a literature study of legal materials, such as decisions, books, journals, encyclopaedias, articles, and so on. The results of the study show that in Decision Number 212/Pid.Sus/2023/PN Lmg, there were two considerations by the judges: the majority judge and the minority judge (Associate Judge I). The majority judge found the defendant guilty and sentenced him for carrying a sharp object without permission, while in the dissenting opinion, Member Judge I considered that the defendant could not be convicted based on the public prosecutor's indictment because he did not fulfil the main elements of the core offence in the article with which the defendant was charged. The fulfilment of the element of carrying a sharp object without permission in Decision Number 212/Pid.Sus/2023/PN Lmg was based on the legal norm in Article 2 paragraph (1) of Emergency Law Number 12 of 1951 within the framework of textualism and teleology, while also considering the objectives of criminal law in order to adapt to the current conditions.

Item Type:

Thesis (Undergraduate)

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