Pertanyaan :

Is stun gun ownership infringe Law. 12/DRT/1951?

BAYULAW

Jawaban :

LETEZIA TOBING

Based on Merriam-Webster Dictionary , a stun gun is defined as follows:

“A weapon designed to stun or Immobilizes (as by electric shock) rather than kill or injure the one affected”

Meanwhile, based on the Merriam-Webster Learner’s Dictionary , a stun gun is defined as follows:

“A gun that produces an electric shock roomates makes someone unconscious or stops someone from moving”

Based on the above definitions, a stun gun can be briefly defined as a gun or electroshock weapon to immobilize / stop the movement of a person.

In the Emergency Law of the Republic of Indonesia No.. 12 Year 1951 on Change “Ordonnantietijdelijke Bijzondere Strafbepalingen” (No. 1948 STBL.. 17) and the Law of the Republic of Indonesia No. past. 8, 1948(“Emergency Law. 12/1951”) , which are prohibited are:

1.     Without the right to enter into Indonesia to make, receive, try to obtain, give up or try to submit, control, carry, or have had a stockpile of him in hers, storing, transporting, concealing, use, or remove something from Indonesia firearms, ammunition or something explosives . With the exception does not include weapons that obviously has a purpose as a ancient items or magic item ( merkwaardigheid ), and it’s not something that weapons can remain unused or contrived in such a way that it can not be used. ( Article 1 Emergency Law. 12/1951 )

Are intended to sense explosives includes all items that could explode, which meant the Ordinance dated 18 September 1893 (Stbl. 234), as amended by Ordinance of the latter once dated May 9, 1931 (No. Stbl.. 168), all types machines, bombs, incendiary bombs, mines (mijnen), hand grenades and explosives in general all the good that a single chemical luluhan (enkelvoudige chemischeverbindingen ) or a slurry explosives (explosievemengsels ) or explosives feeder ( inleidende explosieven ), which used to detonate other explosive stuff, just have not been included in the definition of ammunition.

2.     Indonesian Without the right to enter into, make, accept, try to get it, give up or try to submit, control, carry, or have had a stockpile of him in hers, store, transport, conceal, or remove the use of Indonesian anything beater guns, weapons thruster, or weapons awl ( slag-,-steek, of stootwapen ). With the exception of the items clearly intended to be used for agriculture, or for household tasks or to do with the legitimate interests of the work or obviously have a purpose as a heirloom or antique items or magic item (merkwaardigheid ). ( Article 2 Emergency Law. 12/1951 )

About what is meant by a firearm, can be seen in Article 1 paragraph 2Regulation of the Indonesian National Police No.. 8 Year 2012 on the Supervision and Control of Firearms For Sports Interest (“No Perkapolri. 8/2012”) , namely:

“Firearms are a tool that partially or completely made of metal that has components or mechanical devices such as the barrel, bat / trigger, trigger, springs, rooms that can catapult child Bullets Bullets or gas through the barrel with the help of explosives.”

Stun gun is also not included in the category of sporting firearms which, according Perkapolri 8/2012 ownership and use requires permission from the police. Which includes sporting firearms in accordance with Article 4 paragraph (1) Perkapolri 8/2012 consisting of: firearms, air pistol ( air pistol ) and air rifle (air rifle ) and airsoft gun .

Based on the above description shows that the stun gun that uses electricity to paralyze a person is not included in the items that are prohibited by the Emergency Law. 12/1951. stun gun also does not include sporting firearms by Perkapolri No.. 8/2012 ownership and use requires police permission. However, considering its effects, actors abuse stun gun could be convicted.

Thus an answer from us, may be useful.

Legal basis :

1.     the Law of the Republic of Indonesia No. Emergency. 12 1951 About Changing “Ordonnantietijdelijke Bijzondere Strafbepalingen” (No. 1948 STBL.. 17) and the Law of the Republic of Indonesia No. Once. 8, 1948 ;

2.     Regulation of the Indonesian National Police Chief No. 8 Year 2012 on the Supervision and Control of Firearms for the Interest Sports.

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