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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-6 | Issue-11 | 571-580
Original Research Article
Legal Consequences of Possession of Explosive Materials without a Permit
Yotham Th. Timbonga
Published : Nov. 29, 2023
DOI : DOI: 10.36348/sijlcj.2023.v06i11.002
Abstract
The aims of this research are: 1) to determine the material offense of possessing explosives (detonators) without a permit (study of decision Number 1676/Pid.Sus/2019/PN Mks); 2) to find out the judge's considerations in decision Number 1676/Pid.Sus/2019/PN Mks. This type of research is empirical legal research carried out to look for legal problems or issues and existing legal problems. The result of this legal research is to provide a prescription regarding what should be regarding the legal issue being raised. The results of this research are: 1) The material offense of possession of explosives or detonators without a permit (study decision Number 1676/Pid.Sus/2019/PN.Mks) is Article 1 paragraph (1) of the Emergency Law of the Republic of Indonesia Number 12 of 1951 Because this law is still in force, the public prosecutor used this provision to charge Risal Wali who was legally proven to have committed a criminal offense without a permit for possessing explosives. 2) The judge's considerations in handing down decision Number 1676/Pid.Sus/2019/PN.Mks against the Defendant of a crime without permission to possess explosives/detonators were: a) There was an indictment from the Public Prosecutor; b) Evidence-based on evidence; and c) There are aggravating and mitigating reasons. Judges at the Makassar District Court regarding the factors that form the basis of the judge's consideration in imposing a crime consist of a) the Criminal Code is the basis for the judge's consideration; b) The Defendant is the basis for the judge's consideration; c) Community demands are taken into consideration by the judge.
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