Regulation of Firearms Ownership by Civil Society

It seems that the issue of ownership of firearms by civilians needs to be further socialized to the public. Moreover, recently there was a street cowboy who pointed a firearm at an online taxi driver. The action, which was captured on video, went viral after being spread on social media. Based on reports on Friday (5/5/2023), the incident occurred on Thursday evening, May 4 at the Tomang Toll exit, Grogol, West Jakarta. The stocky man is now being sought by the police.

This incident certainly raises questions among the public regarding the regulations regarding firearm ownership in Indonesia. Can a civilian own a firearm?

Civilian Ownership of Firearms Rules

The issue of ownership of firearms is actually regulated in several laws and regulations. There are separate provisions regarding the ownership of firearms by civilians.

Possession of firearms is generally regulated in the Emergency Law No. 12 of 1951 which is criminal in nature. In Article 1 paragraph (1) Emergency Law no. 12 of 1951 stated:

„Anyone who, without the right to enter Indonesia, makes, receives, tries to obtain, hands over or attempts to hand over, controls, carries, has supplies to him or has in his possession, keeps, transports, hides, uses or takes out from Indonesia any firearms, ammunition or any explosive device, is punishable by the death penalty or life imprisonment or a maximum temporary prison sentence of twenty years.”

However, this does not mean that civilians cannot own firearms. However, ownership of firearms by civilians is very strictly regulated. There are various requirements that must be met for a civilian to be able to own a firearm for self-defense.

Anyone May Own a Firearm

By law, apart from the TNI and Polri, civilians are allowed to own firearms. However, only civilians from certain groups can apply for a firearms ownership permit. As quoted from the official National Police website, referring to National Police Chief Regulation Number 82 of 2004 concerning Who May Own Firearms among civilians, including the following:

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

Prospective firearms owners are required to have shooting skills for a minimum of three years. They will also be tested through psychological tests and health tests.

Prospective gun owners must also officially obtain a permit from the agency or office responsible for firearm ownership.

Types of Weapons Civilians May Own

As previously explained, there are regulations governing the ownership of firearms by civilians. It’s just that not every civilian is allowed to own a firearm. Only civilians from certain groups are allowed to own firearms, provided they fulfill certain conditions.

If all the conditions have been met, then the use of guns is only for self-defense. Not every type of firearm is permitted to be owned by civilians. Permitted weapons include live ammunition, rubber bullets and hollow bullets.

It was further explained that the firearms owned by members of the National Police and civilians are two different types of weapons. Standard Polri weapons, hereinafter referred to as Polri Organic Firearms, are firearms of 5.5 millimeter caliber and above with manual, semi-automatic and/or automatic working systems, and have been modified, including ammunition, grenades and explosives for security and public order.

Non-Organic Firearms from the National Police or TNI are Firearms of 4.5 millimeter caliber and above with a manual and/or semi-automatic working system for sporting purposes, self-defense and carrying out other police functions, additional info.