ANALISIS YURIDIS PENYALAHGUNAAN SENJATA API JENIS AIR SOFTGUN DALAM BERBAGAI MACAM TINDAK KEJAHATAN (Studi Kasus Putusan Nomor 36/Pid.B/2020/PN Jkt Brt)

Abstract

Airsoft gun is an object whose shape, working system and/or function resembles a firearm made of plastic and/or a mixture that can launch Ball Bullets (BB). Along with its development, there are many cases of misuse of airsoft guns. Based on this, this study aims to find out and analyze the factors that cause the use of Airsoft Guns and laws and regulations regarding the use of Airsoft Guns, the application of criminal sanctions against perpetrators of illegal possession of Airsoft Guns in decision number 36/Pid.B/ 2020/PN Jkt Brt. Basis for consideration of the judge's decision number 36/Pid.B/2020/PN Jkt Brt. This study uses a normative juridical approach with a descriptive analytical nature, which aims to obtain a comprehensive and systematic description of legal norms, legal principles, and legal understanding in a positive law. From the results of this study it can be seen that the factors causing the use of firearms Airsoft Guns because buying Airsoft guns can be obtained through online media, there are no technical rules regarding the ownership and use of airsoft guns. Internal factors are factors that arise from within a person himself, including low educational factors and economic factors. This factor causes someone to use an airsoft gun without a permit because a person's low level of education and economy encourages people to use an airsoft gun without a permit. External factors are factors that are caused not from the person himself, including the complicated licensing factors and the person's environment. The large number of cases of misuse of firearms that have occurred in Indonesia shows that court decisions so far have not deterred perpetrators of possession of firearms, so that the misuse of firearms still occurs frequently. The perpetrators of misuse of this airsoft gun are subject to criminal sanctions as stated in Article 1 paragraph (1) of Emergency Law Number 12 of 1951 concerning Firearms. Based on the facts in the trial, the Panel of Judges decided that the sentence/sanction imposed was lighter than the public prosecutor who proposed a sentence of 3 (three) years, however, the Panel of Judges imposed a sentence of 2 years based on the considerations that had been made.

Keywords: Misuse, Airsoft Gun, Crime.