The Juridical Analysis of Ownership of Heritage Objects Types of Sharp Weapons

Abstract

The provisions of Article 2 paragraph (1) and paragraph (2) of Emergency Law no. 12 of 1951. The sound of these two articles has the potential to give rise to legal interpretations, because in the formulation of these two articles it is never clearly explained what is meant by sharp weapons and heirlooms. If we examine in more depth the legal interpretations relating to control or possession of heirloom weapons from a criminal law perspective, especially those relating to the provisions of article 2 paragraph (1) and paragraph (2), then we must look into the aims and objectives of the provisions of article 18B paragraph (2) and 28I paragraph (3) of the NRI Constitution of 1945. This research aims to find out, explain and analyze the regulations regarding the prohibition on possessing sharp weapons and the juridical analysis of sharp weapons which can be categorized as heirlooms. The research uses a normative juridical approach, with the type of research being a statutory approach. The data sources used are primary, secondary and tertiary data. Data collection methods are through documentation studies and literature studies, as well as from the internet. The data obtained in this research was analyzed using qualitative juridical methods authentically, historically and systematically using law enforcement theory and legal certainty theory. The results of this research are that Emergency Law No. 12 of 1951 does not clearly describe sharp weapons in more detail. Then the rules regarding heirloom-type sharp weapons are still not regulated in Emergency Law no. 12 of 1951 because the article does not explicitly discuss the categorization of sharp weapons as heirlooms.