Criminal Accountability of the Misuse of Firearms by Member of the Indonesian National Army Based on the Emergency Law Number 12 of 1951 on Firearms

Ilyasha Agung Nugraha


Firearm is any device, either already installed or are not, which can be operated or incomplete, which is designed or altered, which can be changed easily to eject the projectile due to the development of gases resulting from ignition of flammable materials in the apparatus, and includes homemade weapons or traditional weapons such as guns "assemblies", as well as additional items that are designed or intended to be mounted on such a tool. As it grows many cases of misuse of firearms. The perpetrators misuse of firearms is charged with criminal sanctions as contained in Emergency Law No. 12 Year 1951 About Firearms. Based on this, the study aims to assess the law enforcement efforts against the misuse of firearms-related criminal accountability purposes. This study is a descriptive analysis, which is aimed to obtain a thorough and systematic review of the rule of law, principles of law, and understanding of the law in a positive law. Law approach used in this study is normative, which focuses on the study of literature to study secondary data collected in the form of materials related to the issues studied. From these results it can be seen that the enforcement of the firearm has not been relevant in resolving the case of misuse of firearms by members of the military is still using the old rules, and unbalanced from the case today. Scare by way of pointing a firearm against the victim still categorized as an act that not against the law, when there is a threat to every person when members of the military issued weapons with them at the place and time that were not proper. In the Emergency Law No. 12 Year 1951 About Firearms category of misuse of firearms is not in detail, so it is quite difficult in the application related to the case.


Firearms, Abuse.


A. Buku

Ilyas Amir, Asas-Asas Hukum Pidana, Makassar: Rangkang Education dan Pukap, 2012.

Iswandi, Bisnis Militer Orde Baru, Bandung: PT. Remaja Rosdakarya Bandung, 2004.

Fattah Abdoel, Dimiliterisasi Tentara, Yogyakarta: PT. LKiS, 2004.

Moeljatno, Asas-Asas Hukum Pidana, Jakarta: Rineka Cipta, 2008.

P.A.F. Lamintang, Dasar-Dasar Hukum Pidana Indonesia, Bandung: PT Citra Aditya Bakti, 1997.

Tugiman, Aspek Hukum Transformasi TNI Dalam Sistem Pertahanan Negara, Bandung: C.V Kompas Siddha, 2013

Rahardjo Satjipto, Penegakan Hukum Suatu Tinjauan Sosiologis, Semarang: Genta Publishing, 2009.

B. Peraturan Perundang-undangan

Kitab Undang-Undang Hukum Pidana

Undang-Undang Darurat No. 12 Tahun 1951 Tentang Senjata Api

Instruksi Presiden No. 9 Tahun 1976 tentang Peningkatan Pengawasan dan Pengendalian Senjata Api


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