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REGULATION OF FIREARM OWNERSHIP FOR CIVILIANS IN INDONESIA BASED ON THE PRINCIPLE OF SELF-DEFENSE IN THE LEGAL PROTECTION SYSTEM (STUDY OF THE REPUBLIC OF INDONESIA LAW NUMBER 8 OF 1948 ON THE REGULATION OF THE INDONESIAN NATIONAL POLICE CHIEF NUMBER 82 OF 2004 Asmariah Asmariah; Sukamto Kusnadi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.149

Abstract

The need for legal protection for every human being is an undeniable matter. It is crucial to ensure that every citizen feels safe, and one of the efforts made by individuals to achieve this sense of security is by owning firearms. In the prevailing laws and regulations, civilians are allowed to possess firearms (firearms) as self-defense tools to protect themselves. In Indonesia, the law of self-defense is regulated in the Criminal Code (KUHP) Article 49. The following is an excerpt from Article 49 KUHP: "Any person who, due to necessity, takes necessary action to defend themselves, others, or their property from an attack that threatens lives, endangers themselves, others, or their property, shall not be punished." This article states that a person cannot be punished if they take necessary action to defend themselves, others, or their property from an attack that threatens lives or endangers themselves, others, or their property, but the action must be forced and necessary in the situation they face. The possession of firearms must comply with the requirements and provisions set by the Indonesian National Police (Polri). According to Perkap No. 82 of 2004, civilian individuals who wish to own firearms are limited to certain groups, such as CEOs, ministers, government officials, major entrepreneurs, commissioners, lawyers, and doctors. This consideration takes into account the urgency and risks that these professional holders may face. The regulation also states that firearm ownership cannot be granted to just anyone. Those who want to apply for a firearm ownership permit must have shooting skills. Prospective firearm owners are required to have shooting skills for a minimum of three years. Additionally, they must fulfill various requirements, including psychotest and medical tests.
LEGAL REVIEW OF MURDER THROUGH 'SANTET' IN THE LEGAL PERSPECTIVE OF INDONESIA (A STUDY OF LAW NO. 1 OF 2023 REGARDING 'SANTET') Gunawan Nachrawi; Sukamto Kusnadi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.150

Abstract

: "Santet" is one of Indonesia's cultural legacies that draws the attention of many communities due to its invisible movements, yet its impacts can inflict suffering on an individual's mental and physical well-being. Typically, the perpetrator sends "santet" to someone fueled by resentment, which subsequently fosters hatred, ultimately leading them to consult a shaman to cast a curse on the disliked individual. It is not uncommon for a person to lose their life as a result of being cursed. "Santet" is generally believed to be an act capable of causing harm to an individual through mystical means. The harm caused by "santet" can be directly observed on the victim but is challenging to explain medically. In various cases, it is common for the victim to experience unexplained pain or wounds due to foreign objects inside their body, although the origin of these foreign objects cannot be medically accounted for. These foreign objects can be nails, iron, needles, hair, or other sharp items. In extreme cases, "santet" can even lead to death, causing public concern over deaths that are difficult to legally attribute to curses. Murder through "santet" is considered difficult to prove materially, rationally, and logically, despite numerous cases of such instances occurring in various communities. Murder is inherently illegal; however, the use of "santet" as a means of committing murder cannot be substantiated as a concrete basis for legal proof. Law No. 1 of 2023 only regulates individuals or shamans who admit to possessing knowledge of "santet" and must meet specific criteria outlined in Article 252 of the Indonesian Penal Code (KUHP) in their practice of casting curses. The Indonesian legal system, based on formal and rational principles, processes actions that are concrete in nature, possess distinct characteristics, and can establish cause and effect relationships. The act of performing "santet" is far removed from human comprehension and is challenging to accept within the formal legal framework and prove concretely. "Santet" itself is a facet of black magic that is believed to persist. From ancient times to the present, the intent and purpose behind those who practice "santet" are usually negative, aiming to harm, destroy, or cause damage. This is achieved by inserting objects into the victim's body with the assistance of supernatural beings such as spirits and demons. Article 252, Paragraph (1) of the Indonesian Penal Code, stipulated in Law No. 1 of 2022, imposes criminal penalties for those who engage in "santet," with a potential sentence of up to 1.5 years. Philosophically, "santet" can be classified as a criminal act due to its recognition and belief in its existence within society, leading to distress and harm. However, it cannot be prevented or eradicated through legal means, as "santet" is abstract and its legal proof presents challenges within the Indonesian legal system.