Membawa Senjata Pemukul Tanpa Hak, Begini Hukumannya

Pada hakikatnya kita dalam menjalani aktivitas sehari-hari dalam kehidupan berbangsa dan bernegara harus selalu taat dan patuh terhadap hukum. Sudah kita ketahui bersama bahwa negara Indonesia merupakan negara hukum sebagaimana tertuang pada pasal 1 ayat (3) UUD 1945 menyatakan bahwa negara Indonesia adalah negara hukum.

Saat berada di ruang lingkup masyarakat umum sering kita menemukan orang-orang (oknum) yang membawa senjata tajam. Perlu diketahui bahwa dalam waktu keadaan apapun kita tidak dibenarkan dalam membawa senjata tumpul dengan alasan setiap ruang lingkup lapisan masyarakat memiliki tingkat keamanan yang berbeda-beda, daerah yang rawan tindak kriminal atau bahkan tidak memiliki niatan untuk melakukan tindak kejahatan sekalipun. Hal ini tentu sebuah tindakan yang melanggar hukum. Berkenaan dengan itu, dalam peraturan perundang-undangan telah mengatur tentang senjata tajam sebagaimana pada pasal 1 ayat (1) UU Darurat 12/1951, menjelaskan bahwa apabila orang dengan tanpa hak memiliki, membawa dan/atau mempergunakan senjata api dapat dihukum penjara setinggi-tingginya 20 tahun.

Sementara, Pasal 2 ayat (1) UU Darurat 12/1951 mengatur bahwa orang yang mempunyai, membawa atau mempergunakan senjata tajam (senjata pemukul, senjata penikam, atau senjata penusuk) dapat dihukum penjara setinggi-tingginya 10 tahun.

Akan tetapi, Pasal 2 ayat (2) UU Darurat 12/1951 memberikan pengecualian terhadap kepemilikan dan penggunaan senjata tajam yaitu terhadap senjata pemukul, senjata penikam, atau senjata penusuk untuk:

alat pertanian;

alat pekerjaan rumah tangga;

kepentingan melakukan pekerjaan dengan sah; atau

barang yang memiliki tujuan sebagai barang pusaka atau barang kuno (seperti keris).

Sama halnya juga, tidak diperbolehkan dalam memakai senjata pemukul seperti alat keamanan satpam untuk dipergunakan dalam melakukan perlindungan diri. Hal ini, sesuai dengan UU Darurat 12/1951 dimana alat pemukul yang tidak berkaitan dengan pekerjaan seseorang tidak diperkenankan mempunyai, membawa atau mempergunakan senjata tersebut.

Pada saat tidak sengaja membawa senjata Pemukul lalu terkena pemeriksaan razia oleh pihak keamanan (kepolisian), tentu ini dapat diproses hukum. Sebagaimana dari pembahasan diatas bahwa kita sebagai masyarakat sipil tidak diperkenankan membawa senjata pemukul dengan terkecuali disebutkan pada pasal 2 ayat (2) UU Darurat Nomor 12/1951.

Dengan demikian, kita harus cermat dan teliti dalam sebelum melakukan kegiatan aktivitas diluar rumah dengan tidak membawa senjata pemukul. Pada saat kita melakukan sebuah tindakan kelalaian maka akan dapat berakibat kepada hal-hal yang merugikan diri sendiri.

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