ANALISIS YURIDIS TERHADAP TINDAK PIDANA MEMBAWA SENJATA TAJAM (STUDI PUTUSAN NOMOR 153/PID.SUS/2019/PN.TIM.)

Abstract

Law enforcement on the carrying of sharp weapons is regulated in Article 2 paragraph (1) of Emergency Law Number 12 of 1951, which prohibits carrying or possessing such weapons without a permit. However, paragraph (2) provides exceptions for carrying sharp weapons intended for agricultural, household, or other legitimate purposes. This study examines the inconsistency in applying Article 2 paragraph (2) in Decision Number 153/Pid.Sus/2019/PN.Tim, focusing on the judge's consideration of actus reus and mens rea. The defendant was convicted for carrying a newly purchased machete intended for gardening. This research uses a normative juridical method with statutory and case approaches. The findings show that the panel of judges did not apply Article 2 paragraph (2) as a legal exemption and failed to properly evaluate the defendant’s intent (mens rea) and legitimate purpose. The study highlights the importance of properly interpreting exceptions in criminal law and urges judicial practice to avoid criminalizing acts lacking malicious intent.

Keywoards : Sharp weapon, mens rea, judicial decision.