KEWENANGAN POLISI SEBAGAI APARAT PENEGAK HUKUM DALAM MENGGUNAKAN SENJATA AP

ANDREAN, NICKO (2010) KEWENANGAN POLISI SEBAGAI APARAT PENEGAK HUKUM DALAM MENGGUNAKAN SENJATA AP. S1 thesis, UAJY.

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Abstract

The purpose of the research was to find out and study on the limitation applied to the police as the legal enforcer apparatus in firegun utilization, as well as the punishment decided to the police who trespass the determination of firegun utilization. The research conducted was empirical legal research, i.e. a research based on the primary data as main data and secondary data as supporting data. By reason the legal research was empirical juridical by reasoning process in drawing conclusion of legal regulation continued with minor premise submitting i.e. legal fact. From these two matters, it was drawn conclusion. The result of research are: (1) the limitation given to the police in utilizing firegun are: (a) firegune is merely permitted to use in extraordinary condition, (b) the firegune is merely to self defense or save other person towards the death threat or any wounds, (c) to prevent the existence of heavy crime which involves the threat to someone’s life, (d) to prevent or maintain the runaway of someone who brings, threatens and during his effort to against the threats, (e) in every case, wherein the trivial method is infeasible, and (f) the use of violence and deliberately firegun utilization, is only permitted in the case of actually to prevent someone’s life; (2) the sanction decided towards the police who trespass the determination of firegun utilization is the criminal punishment and administrative sanction from the police institution. The criminal punishments meant are: (a) imprisonment punishment based on the decision of court judge, (b) the imprisonment punishment is based on the decision of court judge, (c) the firing of police member. Meanwhile the administrative punishment from police institution can be: (a) notification (orally or in writing), (b) the drawing of firegun utilization permit, (c) the delay of degree incline, and (d) degree incline.

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