Regulations on Ownership of Firearms for Indonesian Civilians

Cases of misuse of firearms are becoming increasingly popular in Indonesia. On Thursday (04/05), TNI Commander Admiral Yudo Margono said cases of misuse of firearms and ammunition by TNI soldiers were increasing.

Based on existing data, the highest number occurred in 2022 with 45 cases. „In the last 5 years, violations have increased gradually until the peak in 2022 there were 45 cases of misuse of firearms and ammunition,“ said Admiral Yudo Margono as quoted from https://www.charlottecerakote.com/.

He also said that the case that occurred in Papua had a big impact. His party did not hesitate to punish the soldiers involved.

Criminal cases involving firearms have occurred several times in various areas in Indonesia, including in March 2023 in Papua, when the Armed Criminal Group (KKB) shot a motorbike taxi driver.

Meanwhile, in 2022, according to data from the DORS (Daily Operation Reporting System) application on the SOPS (Staff of the Chief of Police for Operations) of the Indonesian Police (Polri), at least seven shootings occurred in the first four months of 2022.

The six Regional Police who took action against this shooting were Riau, West Java, North Kalimantan, Maluku, South Sumatra and North Sumatra. However, the data for 2022 is said to be down compared to 2021. The decrease in the number of incidents was recorded at 3.3%.

Looking at This Case What Are the Actual Regulations for Ownership of Firearms (Senpi) in Indonesia?

Criminologist Josias Simon said that in Indonesia, a person cannot own a firearm without official permission.

„Restrictions on permits and ownership of weapons in Indonesia are also due to Indonesia’s historical experience. Since the War of Independence, we know that the use of weapons has had many negative impacts. This shows that guns should be limited.“

Apart from that, he revealed that in Indonesia, legal ownership of firearms by civilians is limited, not prohibited. „It is not prohibited but is managed, controlling efforts to own and use guns.“

Who Are Civilians Who Can Own Firearms?

A legal expert who is also a lecturer at the Faculty of Law and member of the Trisakti University Board of Trustees, Abdul Fickar Hadjar, revealed that according to the regulations, anyone can own these firearms, not just the police or military. This means that civilians are also permitted to own firearms.

„According to regulations, firearms are only given to those who work to protect the state, that’s why they are called state tools,“ he told DW Indonesia.

„Police in their position as persons in charge and as law enforcement officers are also given the authority to use weapons which are called state apparatus, but not all officers are armed with their control, there are internal requirements, especially for those who have a certain rank in relation to being guardians of order and security in society, despite their rank. low, and there is also the opposite.“ In addition to the regulations above, civilians in Indonesia are also required to have a permit to own weapons.

According to Law No. 8 of 1948, firearms in the hands of people who are not members of the Army or Police must be registered by the Head of the Residency Police (or the Head of the Special Regional Police, hereinafter referred to as the Head of the Residency Police only) or the person he designates.

Meanwhile, referring to National Police Chief Regulation Number 82 of 2004 concerning Who May Own Firearms Among Civilians, there are several groups of civilian groups who may own firearms. The procedure for owning a gun is first seen from the urgency side.

„Only certain groups of civil society want to own firearms, such as chief directors, ministers, government officials, major businessmen, commissioners, lawyers and doctors.