Analyst: There is no legal basis for shooting criminals dead on the spot

Jakarta — Abdul Fickar Hadjar, a criminal-law expert, says police have no rule or legal basis to shoot criminals dead on the spot. ‘Yes, that’s right. There is no legal basis for shooting to kill,’ he told Kompas.com on Saturday, 23 May 2026. According to Abdul, the term ‘shooting on the spot’ is not recognised in criminal law. He considers the phrase to describe vigilante action. However, such punishment can only be implemented through a court decision with a final and binding force. He noted that while police do possess authority to maintain public security and order, that authority does not permit officers to deliberately shoot dead criminals. ‘So, regardless of who issues such an order—even if a state official or commander—the act constitutes a legal violation. Therefore the official who orders it should be prosecuted for ordering a crime,’ he said. According to Abdul, shooting is only justifiable in emergencies, for instance when police or members of the public face an immediate threat to life. ‘In emergencies, under pressure, and in self-defence, there can be grounds to shoot. In normal situations, it becomes a legal violation, even a crime.’ ‘If a person clearly threatens with a weapon, a robber can be shot before he fires.’ In this context, the use of firearms by officers should aim to protect lives under threat. ‘A fleeing suspect should be given a warning shot before being shot, unless he threatens the officers,’ he added. He regards shooting dead the perpetrator without due process as extrajudicial killing. Abdul emphasised that street crimes such as begal should be tackled seriously through various approaches, including firm, corruption-free law enforcement.