R

ecent news reports on illegal gun purchases by military personnel have raised concerns over the lack of regulations concerning unlawful gun trading.

The lack of strict regulations that define which institution is authorized to issue gun ownership permits for citizens has allowed the public to access guns from two sources: the police and military.

It is commonly known that civilians who wish to legally possess guns must secure a license from the police as well as the intelligence body, however, licenses can also be obtained from the Defense Ministry.

A 2010 Defense Ministerial Decree grants the defense minister the authority to issue licenses for civilians to export, import, sell, produce, possess or use military-standard guns as well as bullets as long as they are either state officials, athletes or collectors.

Similar authority also belongs to the police as stipulated by a 2004 National Police Chief Decree that allows gun use by members of the public, particularly athletes, if applicants satisfy strict requirements such as a psychological test to ensure they are mentally fit.

Similar conditions are also required by the Defense Ministerial Decree. But misuse of authority by police officers and soldiers, including the latest incident of illegal gun purchases by members of the Presidential Security Detail (Paspampres), raises questions over gun sales in society.

Military observer Susaningtyas Kertopati said the long process military and police members must undergo in order to purchase a gun contributed to illegal procurement among security forces.

She said a police officer, for example, must obtain a permit from the division in charge of guns and explosive materials and the intelligence security body. Meanwhile, military personnel must obtain the permit from the military’s Assistant for Logistics (Aslog).

“Gun trafficking is an international concern. Thus, it is urgent that the existing law be revised to make it relevant to the current context,” Susaningtyas said.

The recent revelation of illegal gun purchases by Paspampres members is not the first in the country.

The discussion about civilian gun possession has occurred on and off over the last few years, following prominent cases.

In 2012, debate was rife in the House of Representatives following a statement by then legislator Pramono Anung of the Indonesian Democratic Party of Struggle who said that many lawmakers possessed guns, which quickly raised anxieties over potential misuse.

Several stories of gun misuse by lawyers or officials in the past have also attracted public attention. But the discussion on gun control has quickly faded after initial public exposure.

“The sale of illegal guns is one of the most profitable businesses, especially in conflict-prone areas. It is a very serious issue. Uncontrolled distribution may lead to supply to terrorists, for example,” said Al Araf from the human rights watchdog Imparsial.

“The old laws must be revised because they allow dualism in [regulations regarding] gun sales to the public. It complicates gun control,” he said, referring to the outdated laws issued in 1948 and 1951.

A law revision is also important to mandate accountability of gun distribution, which is still absent today.

In a separate interview, lawmaker Tantowi Yahya of House Commission I overseeing defense said that although the Defense Ministry and Indonesian Military (TNI) had both conducted thorough audits of gun use within their institutions, distribution to the public continued to go unreported.

“We need to know how many guns have been distributed by the police and the military so far. Knowing these facts will ease control [efforts],” he said.