Tue, 28 Jan 2003

Gun control not effective, says observer

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

More and more residents are protecting themselves with firearms as they can easily be purchased at several firearm and self- protection device distributors in Jakarta. But this ironically has not made the city a safer place to live in.

Besides violent armed robberies, incidents of gun misuse in the hands of the private gun owners often occur here.

In October 2002, Farida, a 31-year-old businesswoman shot her younger brother Budiman who borrowed her cellular phone without permission. The bullet fired by Farida, who had no license to possess the 22-caliber pistol, grazed his forehead.

Last August, lawyer Henry Yosodiningrat was reported to the police for allegedly firing a gun following a traffic dispute on Jl. Buncit Raya in South Jakarta.

The legal process in the first case was unclear, while in the second case, police said it was not proven.

Civilians who own guns, whether legally or illegally, claim they need them for self protection. But Mulyana W. Kusumah, a criminologist from the University of Indonesia, expressed doubts about this assertion. He said it was more likely that people purchased guns to make them feel powerful.

"Why do these people feel insecure? There are many possible reasons: business competition, adversaries at work, or high-risk professions or businesses require them to arm themselves," he told The Jakarta Post on Monday.

Such individual reasons for possessing firearms, Mulyana said, would not help restore security in the community.

"On the contrary, it has the reverse effect since people tend to solve conflicts with weapons."

Worse, he said, the police could not exercise effective gun control due to the ease with which a person could obtain and renew a gun license.

Law No. 8/1948 on firearms allows civilians, besides security guards and competitor shooters, to possess a gun for self protection. The requirements for firearm licenses are stipulated in Government Regulation in lieu of Law No. 62/1960 on gun licenses.

The illegal use of or trade in firearms can lead to a sentence of life imprisonment, according to Emergency Law No. 12/1951 on the illegal possession of firearms. However, Article 49 of the Criminal Code states that a person cannot be prosecuted for acting in self-defense.

The authorization to issue the license is in the hands of National Police chief, while the renewal and control is in the hands of the regional police.

The applicant is required to pass a psychological test designed to assess their emotional stability, as well as a shooting test. In renewing the annual license, gun license- holders have to go through similar tests.

Separately, Jakarta Police chief of firearms and explosives control Adj. Sr. Comr. Purwanti told the Post on Monday that her office only relies on public complaints to ascertain whether someone has misused a gun.

She said that from the public complaints against gun license- holders the office had received, most cases were merely threats with the owners claiming that they were only protecting themselves.

The police may not be successful in strictly implement the gun control system because the office is understaffed, according to Purwanti, and the personnel are also involved in investigation into arms smuggling or illegal arms distribution and use.

The gun is examined when the applicant renews the license to see whether the owner has modified it to exceed the maximum specification of 32-caliber allowed by law or whether it had been fired after the latest check, she said.

"Most of the 500 license-holders in the city have not fired their gun. Usually they carry a gun to deter others who harbor bad intentions against them."