AIRSOFTGUN SHOW BY STREET COWBOY (Unlawful action …huh? )

By :

Dr. EKO WIYONO,SH,MHum

(Senior Advisor at Legis Priori Jakarta Law Office)

There have been several incidents of holding an airsoft gun by someone on the street just for trivial reasons such as not being able to overtake the vehicle in front of him because he felt he was being obstructed or because there was a collision or crossing between his vehicle and another person’s car or even because Going against the flow of road traffic, which is actually something that doesn’t need to happen, has even gone viral on social media, like what David Yulianto did on the Tomang Toll Road, who is currently undergoing legal proceedings before Police Investigators.

Usually an owner of an airsoftgun type weapon owns and stores it in his car with the intention of protecting his own safety or some are just for style, but there are also those whose ownership is used for other purposes, namely it can be used as a means/tool ​​in committing a crime. by carrying out the act of holding the confiscation of property or the crime of robbery.

Physically, both the material and shape of the airsoft gun are weapons that are deliberately made or produced to resemble or resemble the original firearms, so they are replicas of the original firearms so that the airsoftgun is an object that has the shape, function and materials as well as functions and work systems as is the case with original firearms. only the working system can only fire ball bullet materials and not real bullets like the magazine on a real firearm. In later developments, airsoftguns were marketed to the public for purposes of purposes as game devices (games) with the intention of simulating games as in a match or simulating games (games) like in a real battlefield that is carried out in a game (game) carried out on the spot. specific area or in an open field that is set up in such a way as if it were a battlefield in a battle. This game was originally played in Japan and then developed to other countries including Indonesia and has even mushroomed on the market so that previously it was very difficult to obtain permission to own and use firearms, it became easier even if it was only in the form of replicas or toy guns.

Ownership of airsoftguns in Indonesia has determined the terms and permits for ownership and use, in light of the fact that the use of these airsoftguns is intended only for sporting purposes, including for the benefit of a game (game) that contains sports movements. Therefore it is prohibited to use or even fire this type of airsoft gun outside the training area or outside the competition or game area.

For the requirements for ownership and use of firearms based on the provisions of the Republic of Indonesia National Police Regulation Number 8 of 2012 Concerning the Supervision and Control of Firearms for the Purpose of Sports, then what about the requirements for ownership and use of airsoft gun type weapons for the benefit of sports or games? according to the provisions of Article 4 paragraph (1) letter “c” of the Republic of Indonesia National Police Regulation Number 8 of 2012 Concerning the Supervision and Control of Firearms for the Purpose of Sports, it is stated that airsoftgun is also referred to as a type of firearm by sports with a stipulation of a time limit ownership and use is limited within 1 (one) year. It is more explicitly stipulated in the Regulation of the State Police of the Republic of Indonesia Number 5 of 2018 Concerning Supervision and Control of Replicas of Airsoftgun and Pointball Type Weapons, that if there is a violation and misuse of an airsoft gun where the holder and owner of an airsoftgun license can be subject to sanctions in the form of being obliged to hand over the replica of the weapon for safekeeping. in the Polri warehouse and the permit for ownership and use can be revoked and cannot be issued or replaced with another certificate of ownership and can be destroyed with the approval of the owner of the goods.

Then what about the legal sanctions against owners of airsoft guns who seem to be free at will using them to threaten and frighten other people on the street or in public places like street cowboys freely without taking into account the legal risks (?). If the street cowboy legal event is examined from the context of the provisions of the law governing firearms in the RI Emergency Law Number: 12 of 1951 concerning Amending the OrdonantiteTijdelijkeBijzondereStrafbepalingen and RI Law Number: 8 of 1948, in the provisions of Article 1 paragraph (1 ) reads as follows: “Anyone who without right imports into Indonesia, makes, receives, tries to obtain, surrenders or tries to surrender, controls in his possession, stores, transports, hides, uses or takes out of Indonesia firearms, ammunition or explosives, shall be punished with a penalty of death or life imprisonment or a temporary prison sentence of not more than 20 years”

Whereas in paragraph (2) it is explained: “What is meant by the notion of “firearms” and “aminisi” includes all goods as explained in article 1 paragraph (1) and the “Firearms” Regulations (Vuurwapenregeling) Stb. 1937 No.170 which was amended by Ordonantie dated May 30, 1939 (Stb 1939 No.278) but does not include in that sense weapons that clearly have the purpose of being ancient or magical items (merkwaardigheid), and not something weapons that remain unusable or are manufactured in such a way as to render them unusable”

Furthermore, paragraph (3) stipulates: “What is meant by the notion of explosives includes all items that can explode, which is meant in the Ordonantie of 18 September 1893 (Stb. 234 which was later amended by the Ordonantie of 9 May 1931 ( Stb.No.168), all kinds of machine guns, bombs, incendiary bombs, mines (mijnen), hand grenades and in general all explosives, whether they are single chemical decompositions (enkelvoudige chemische verbindingen) or those which is a mixture of explosive materials (explosive mengsels) or explosive materials including (inleidende exploseeven), which are used to detonate other explosive items, but are not included in the definition of ammunition”

Referring to and examining in more detail the provisions regarding Firearms as referred to in the Emergency Law Number: 12 of 1951 both Article 1 paragraph (1) and paragraph (2), then if guided by the Regulation of the Indonesian National Police Number 5 of 2018 Concerning Supervision and Control Replicas of Airsoftgun and Pointball Type Weapons, which basically qualify as airsoftgun type weapons, are weapons that are deliberately made or produced to resemble or look like real firearms, so they are replicas of original firearms so that an airsoftgun is an object that has a shape, functions and materials as well as functions and work systems as is the case with real firearms, only in terms of its working system it can only fire ballbullet materials and not real bullets like the magazines on real firearms that are made for purposes of purposes as game devices (games), then owning or storing or using an airsoftgun type weapon cannot fulfill the elements referred to in Article 1 paragraph (1) and (2) of the Emergency Law Number 12 of 1951 so that it is a criminal offense because the airsoft gun is not a type of firearm or type of ammunition or an explosive because physically an airsoft gun is only a replica and is only made for the purpose of game devices (games) whose raw materials are predominantly made of rubber or plastic so that they are not at all related to explosives.

So that the opinion which states that someone’s actions that are currently happening in the form of pointing an airsoftgun type weapon on the highway for certain reasons like a street cowboy cannot be charged with the legal provisions of Emergency Law Number 12 of 1951 as legal provisions concerning ownership and control of firearms , is a logical and acceptable opinion in the context of material criminal law, especially in relation to a criminal act that can be subject to criminal sanctions, unless it is followed or accompanied by other criminal acts, then the person’s actions can qualify as a specific crime. That means, for example, if someone uses an airsoft gun and then beats them which results in an injury, then the person concerned can be charged with Article 351 of the Criminal Code with the qualification of the crime of persecution, or for example the person concerned using an airsoft gun beats until another person dies, so he can be charged with Article 351 paragraph (3) or 338 of the Criminal Code or 340 of the Criminal Code with the qualification of serious maltreatment resulting in the death of another person or murder. Even by using an airsoft gun to make threats to other people, you can be charged with Article 335 of the Criminal Code with the qualification of Acts that Displease Others. However, once again, you cannot be charged under Emergency Law No. 1 of 1951 concerning the Ownership and Control and Use of Firearms.

Meanwhile, when looking at the provisions of Article 4 paragraph (1) letter “c” of the Republic of Indonesia National Police Regulation Number 8 of 2012 Concerning the Supervision and Control of Firearms for the Purpose of Sports, which states that airsoftgun is also referred to as a type of firearm by the body with the provisions for the time limit for ownership and use are only limited to 1 (one) year, so it is literally written in these provisions that airsoft guns are a type of firearm even if they are used for sporting purposes, in the concept of formalistic justice thinking thinking it can happen that someone carries and uses airsoftgun type weapons for carrying out any actions he does will still be able to be charged with Emergency Law Number 12 of 1951 concerning Ownership and Use of Firearms which carries a very serious criminal sanction and can even be punished with death penalty.

Law enforcement practices carried out by law enforcement officials, especially investigators in dealing with the actions of Street Cowboys by pointing an airsoft gun, for example against David Yulianto, who has been assigned an investigative action to be upgraded to investigative action and as in online social media news, the Polda Metro Jaya investigators have determined it as A suspect, it is necessary for us to follow the news in the mass media more seriously regarding the investigation into the actions of these Street Cowboys, whether the legal status of the person concerned is determined as a suspect, is that in the capacity for which the act used an airsoftgun type weapon, it was subject to the provisions of Emergency Law Number 12 of 1951 concerning Possession and Use of Firearms Without Rights / Without a Permit, or was it subject to certain article snares which were carried out by using tools in the form of airsoftgun type weapons, for example, he will be subject to Article 335 of the Criminal Code for threatening other people using an airsoft gun in his hand. We are waiting for the development of the investigation and the handing over of the second phase of the investigation to the Public Prosecutor to be charged with what article of charge the element of the act committed by the person concerned who has been designated as the suspect, let’s look at it together …………………………………

Along with the developments in the handling of cases involving the actions of Street Cowboys using airsoftgun type weapons that are rolling in accordance with the norms of the Criminal Procedure Code, a critical thought can be raised that if one pays close attention to the provisions of Article 1 paragraph (1) and paragraph (2) of the Emergency Law Number 12 of the Year 1951 mentioned above, it seems the time has come for reformulation of the arrangements regarding the Ownership and Use of Firearms with No Rights or Without Permits, especially regarding the development of the types of weapons produced which have developed quite rapidly both in physical form and in their working system as a weapon which is very possible to use. as a tool or means in the occurrence of a criminal act by someone. This is to anticipate steps to prevent the occurrence of criminal acts so that the characteristics of criminal acts do not develop faster than the regulatory norms, so that it becomes a return to classical thinking where it is always said that the law is always left behind by the development of the life of the people regulated by the legal norms.

It is our joint duty as law enforcement officials to avoid differences in understanding and law enforcement disparities in handling street cowboy actions that can threaten public safety, to always try to equalize perceptions and concrete steps in law enforcement so that people feel more protected and have a sense of belonging. justice will be felt more especially the comfort in the association of fellow members of society within the framework of equal treatment before the law or better known as equality before the law.

Thank you, just food for thought. Together in the process of law enforcement by law enforcement officials.