The Definision and regulations of weapons usage
Who doesn’t know PT Pindad (persero) as the only government company that produce the prominent weapon system ( Alutsista) in Indonesia? this is sure that PT Pindad (Persero) quite well-known both local and International. One of PT Pindad (Persero) product is fire gun which is assault rifle and pistol. As a company that produce weapon, we as the employee of PT Pindad (Persero) especially who work in weapon division quite familiar with one of the product of that weapon, but do we understand something that we called weapons and what is the regulation in Indonesia? In the Republic of Indonesia we have a constitution that regulates about weapons usage, it is constitution Number 12/Drt year 1951, in this opportunity, the writer will try to deliver the things related to fire gun including the sanction of disobeying the regulation of using gun fire based on Constitution number 12/Drt 1951 and other regulation that are used in Indonesia.
c. The meaning and definition of weapons
Weapons can be defined as every tools, that loaded or not loaded yet, that can be operated or incomplete, which designed or changed, or can be changed easily so it will produce projectile as the impact of gases development as the result of lighting the thing that easily burnt in that tools, and including the additional equipment which designed or aim to be used in that tools.
Furthermore, it elaborated in the President of Indonesian Republic Instruction Number 9 year 1976 which says:
Weapon is one of tools that aims in making the prominent task of forces army in security and defense, on the other hand, for Government Department outside the forces army, weapon is a special tools that the usage regulated by the instruction of The President of Indonesian Republic Number 9 year 1976, which Instructing the ministers ( chief of government and non government department) to help defense and security so we will reach the goal.
With this condition it has been fixed that weapons are only can be used for forces that is work in defense and security side in this case we can say that they are TNI (Indonesia forces army) and POLRI ( Police of Republic of Indonesia). On the other department outside the defense and security side, weapon usage regulated in President’s Instruction, means that weapons can not be used freely without based rights that can be considered right by the constitutions.
Furthermore has been explained in the regulation of weapons year 1939 jo emergency constitution Number.12 year 1951, something that called weapons are:
The part of weapons are:
1. A part of weapon and vylamen werpers (fire burster) including the components
2. Weapons air pressure weapon and per pressure without considering the caliber
3. Slachtpistolen (butcher/cutter pistol)
4. Sein pistolen
5. Imitation weapons like ( warning sign pistol), start revolvers (revolver perlombaan), shijndood pistolen (pistol suar), schijndood revolvers and similar things that can be used for threatening or frightening and also the components.
So that a thing that we called weapons not only appear in the whole shape of weapons but also the part and components of it can be defined as weapons
c. Weapons Regulation
Indonesia has two constitutions, although it considers as an “old” constitution this regulation still work effectively, one of the regulation is constitution Number 12/Drt 1951 about weapons (weapons constitutions)This constitution is the only constitution that still effectively used for the law breaker of weapon usage.In that constitution, the component and the crime of disobeying the usage of weapon regulated with force, as mention in article 1 clause 1 weapon constitution says:
“ Everyone who is distributing in and out the weapons, ammunitions or explosive matters to Indonesia without any rights will be sentenced death or lifetime in prison or being jailed for the maximum time 20 years”Suitable with the clause above, the weapons usage lawbreaker will be faced the punish and sanction for sure and will be processed as this grade:
1. Death sentences ; or
2. Lifetime prisoner ; or
3. Being jailed for maximum 20 years
If it been seen from the sanction “minimum” in article 1 clause 1 that mentioned above that is being jailed for maximum time 20 years, we can’t make this punishment as a constitution with no importance.The writer hope that the explanation above related with weapons can give benefits for all of us and the other aim is, it will be no lawbreaking in weapons usage in the future.