Sanctions for Illegal Firearms Possession

Without having a permit to own a weapon issued by the National Police, it is the same as if a civilian owned a firearm illegally. Possession of illegal weapons can of course be subject to various sanctions.

Based on Emergency Law No. 12 of 1951, illegal possession of firearms can be subject to sanctions ranging from 20 years’ imprisonment, life imprisonment, and even the death penalty.

This is stated in Article 1 paragraph (1) of Emergency Law no. 12 of 1951 which reads:

“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.”

Requirements for Owning Firearms for Civilians: Fees, Procedures and Rules

In Indonesia, owning a firearm is not easy. However, civilians can still own firearms for urgent purposes, as long as they fulfill the permit requirements determined by the Indonesian Police.

Civilians can own firearms as a means of self-defense. The rules or law for possessing firearms as a means of self-defense were previously contained in the National Police Chief's Decree Number 82 of 2004. However, later, this regulation was updated to become the National Police Chief's Regulation (Perkap) Number 18 of 2015.

Requirements for civilian ownership of firearms are regulated in the National Police Chief's Regulation (Perkap) Article 8 Number 18 of 2015.

What are the requirements for owning firearms for civilians?

In accordance with the firearms ownership law, the following are the conditions that must be met to own a firearm:

People from certain groups, such as chief directors, government officials, ministers, major entrepreneurs, commissioners, doctors and lawyers;

Must have a minimum of three years of shooting skills and be tested in psychological and health tests;

Must obtain permission from the agency responsible for firearms ownership;

Firearms may only be used for self-defense, and permitted firearms are non-organic types (sharp, rubber and hollow bullets), based on the National Police Chief's Regulation (Perkap) Article 1 Number 18 of 2015.

The types of firearms that civilians are allowed to own are handheld firearms, 32, 25, or 22 caliber revolvers. Next there are 12 mm caliber shotgun shoulder firearms, and 12 GA and 22 caliber shoulder firearms. 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 Police or TNI Firearms are Firearms of 4.5 millimeter caliber and above with a manual working system, and/or semi-automatic for sporting purposes, self-defense and carrying out other police charlotte cerakote functions.