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Use Of Firearms By Police Forces In The Perspective Of Legal Sociology: A Study On Violence Control And Human Rights

Piqi Rizki Padhilah, Umar Rojikin, Beni Ahmad Saebani

Abstract


Abstract

The use of firearms by police officers is a complex issue that intersects the necessity of maintaining public security with the obligation to uphold human rights. This study explores the legal and sociological perspectives on the use of force, particularly firearms, by law enforcement officers in controlling violence and addressing human rights concerns. The analysis employs a literature review method, examining various legal frameworks, academic studies, and case studies. The findings reveal that while regulations such as Chief of Police Regulation No. 1 of 2009 provide a legal foundation, implementation in the field often deviates from the principles of proportionality and human rights respect. This highlights the need for comprehensive reforms in policy, monitoring, and training to ensure that law enforcement actions align with justice and human rights standards. This study underscores the importance of integrating sociological insights into the legal framework to achieve balanced law enforcement practices.

 

Keywords : Firearms; Sociology of law; Human rights; Violence control; Police regulation.

 


References


Bibliography

A. Journal Articles

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Hidayat, Tatang, Endis Firdaus, and Momod Abdul Somad. “Tyler’s Curriculum Development Model and Its Implications in Islamic Religious Education in Schools.” Journal of Science and Art ITS 53, no. 1 (2019): 1689–1699.

Ilham, Muhamad. “Accountability for the Execution of 'Shoot on Sight' Orders by the Indonesian National Police.” Journal Law of Deli Sumatera 1, no. 1 (2021).

Marbun, Rocky. “Instrumental Communication Based on the Trichotomy of Relations: Investigators’ Authority in Determining Suspects.” Journal of Criminal Law and Criminology 2, no. 1 (2021): 20–33.

Moniharapon, Gerald Gary, Juanrico Alfaromona Sumarezs Titahelu, and Elias Z. Leasa. “Criminal Sanctions for the Deliberate Misuse of Firearms by Members of the Indonesian National Police.” TATOHI: Journal of Legal Studies 1, no. 7 (2021): 679–690.

Nasution, Hilmi Ardani, and Hilmi Ardani. “The Sikh Kirpan: Between Religious Freedom and National Law in Indonesia.” Journal of Human Rights (Jurnal HAM) 12, no. 3 (2021): 449.

Nursyafifin, Siti, Mirza Satria Buana, and Muhammad Ali Imran. “Regulation of Security Measures in Public Gatherings and the Use of Force by the Indonesian National Police: A Human Rights Law Perspective.” [Journal name not provided] 2, no. 1 (2024): 107–123.

Parengkuan, Rayner, Debby Antouw, and Fonnyke Pongkorung. “Law Enforcement by the Indonesian National Police Against the Misuse of Illegal Firearm Ownership.” Lex Crimen 11, no. 4 (2022).

Rosalin, S., and Usman Usman. “Restorative Justice Approach in Resolving Domestic Violence Crimes: A Legal Utility Perspective.” PAMPAS: Journal of Criminal Law 4, no. 2 (2023): 174–183.

Soeliongan, Amanda Eugenia. “The Urgency of Bioterrorism Regulations in Indonesia from a Human Rights Perspective.” Journal of Human Rights (Jurnal HAM) 11, no. 2 (2020): 169–184. https://doi.org/10.30641/ham.2020.11.169-184.

Sudrajat, Shinta Azzahra. “Human Rights as a Form of Political Policy in Protection Implementation.” Journal of Religion and Socio-Humanities 1, no. 1 (2022): 17–28.

Syahri, M. Alfi, and Subakti Diki. “Legal Certainty of Civilian Firearm Ownership in the Context of a Rechtsstaat (Rule of Law State).” [Journal name not provided] (n.d.): 128–

B. Academic Theses (Skripsi)

Catur, Sri Pamungkas. Supervision and Control of Airsoft Gun Ownership Without a Permit Based on Indonesian Police Regulation No. 8 of 2012 in the Perspective of Human Rights. Undergraduate thesis, Universitas Darul Ulum Islamic Centre Sudirman GUPPI (UNDARIS), 2023.

Doni, Prasetyawan. Firearms Among Civilians: A Case Study in the Central Java Regional Police Jurisdiction. Undergraduate thesis, [University not specified], 2023.

Liana, Devi Ni Putu Irma. The Effectiveness of Firearm Use by Prison Guards in Controlling Security Disturbances at Class IIA Kerobokan Correctional Facility. Undergraduate thesis, Universitas Mahasaraswati Denpasar, 2022.

Pratama, Ganung Alif Mahatva. “Legal Certainty in the Application of Emergency Law No. 12 of 1951 to Penalize Firearm Misuse Offenders (Case Study No. 920/Pid.Sus/2019/PN Smg).” Undergraduate thesis, [University not specified], 2023.


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DOI: 10.33751/palar.v11i1.12016 Abstract views : 31 views : 7

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