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Ridwan Harry Simanungkalit; M. Ridwan Lubis

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law is defined as a rule or norm that must be followed by humans. To ensure the implementation of law in Indonesia, various legal products are needed, especially laws that regulate community activities. Firearms abbreviated as Senpi are weapons that release one or more projectiles that are propelled at high speed by gas produced by the combustion of a propellant (projectile). The problem of ownership to misuse of firearms is something that is very dangerous and high risk, resulting in fatalities in society, the increasing number of cases in recent years in Indonesia shows the importance of the seriousness of law enforcement in responding to this problem. Misuse of Illegal Firearms Ownership is regulated in Emergency Law Number 12 of 1951 concerning the amendment of the "Ordonnantie Tijdelijke Bijzondere Strafbepalinge" (STBL. 1948 No. 17) and the Former Republic of Indonesia Law Number 8 of 1948 stating that anyone who without the right to enter Indonesia makes, receives, tries to obtain, submits or tries to submit, controls, carries, has a stock of it or has in his possession, stores, transports, hides, uses, or removes from Indonesia a firearm, ammunition or explosive material, is punished with the death penalty or life imprisonment or a temporary prison sentence of up to twenty years. Police Regulation Number 1 of 2022 dated January 28, 2022 concerning licensing, supervision and control of Polri firearms, non-organic TNI-Polri firearms and security equipment classified as firearms, namely non-TNI-Polri firearms with types of non-TNI-Polri firearms including live ammunition firearms, rubber bullets, and gas bullets from the Polri. The process from ordering to handover of goods to the owner, both the legality of documents and physical control (ballistic tests) are under the supervision of the Polri. The circulation of illegal firearms among the Indonesian people requires law enforcement, especially the Police, to be more active and take early prevention measures against those who own, make, and supply illegal firearms that threaten the lives of the community due to the impacts caused by illegal firearm ownership. The case of firearm ownership against the defendant SULIS NURFITO, Ponorogo, 34 years old, Male, Jln. Swadaya Kel. Bukit Batrem District. Dumai Timur Province. Riau, Islam, Construction Workers with Decision NUMBER 2157/Pid.Sus/2017/PN Mdn sentenced to 2 (two) years and 3 (three) months in prison, making the public's perspective on the world of justice in Indonesia far from the public's expectations considering the threat of punishment for the Article applied with the threat of 20 Years in Prison with the verdict given by the judge of 2 (two) years and 3 (three) months shows that law enforcement is far from the public's expectations and does not have a deterrent effect on the defendant and other users of illegal firearms who have not been arrested by the Police.

Simon Yonas Sanak; Simplexius Simplexius; A Resopijani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study analyzed the process of examining members of the National Police who allegedly violated the code of conduct in the jurisdiction of the Timor Tengah Selatan (TTS) resort police. The research method used is qualitative research with a case study approach. The data was collected through in-depth interviews with the Professional and Security Division of the National Police of the Republic of Indonesia or commonly abbreviated as Div Propam Polri. The analysis was conducted to identify patterns and processes that emerged in the process of examining police members who violated the code of ethics at the TTS police station. The formulation of the problem in this study is 1. What is the process of examining and imposing sanctions on members of the National Police who are suspected of violating the code of conduct in the South Central Timor Police area? 2. How is the relationship between ethical sanctions and criminal sanctions in judicial proceedings in the District Court? The results showed that the examination process for members of the National Police who were suspected of violating the code of ethics in the jurisdiction of the South Central Timor Police was carried out in accordance with the Chief of Police Regulation Number 7 of 2022 concerning the Police Professional Code of Ethics, which involved various stages, ranging from reports or direct findings by officers, examinations to prosecutions and criminal acts in the process in accordance with the Criminal Procedure Code. In the event that a member of the National Police who violates the order of the member is immediately given disciplinary action by the ankum. This finding provides insight into efforts to improve the law enforcement system in terms of transparency in the examination process of members of the National Police who are suspected of violating the code of ethics in the jurisdiction of the TTS police.