Indonesian police procurement republic is aimed at establishing security in the country, which includes maintenance of security and public order, order and the rule of law, the implementation of protection, shelter, and community service, as well as the realization of peace by respecting human rights. But in carrying out these duties, police officers are often violations of rights. one of the rights violations committed by police officers when use a tear gas on their duties that is not in accordance with the statutory provisions. The misuse of tear gas by the police are not in accordance with the laws then in order to find the liability and to cope with the misuse of tear gas then it should be held by police for sanctions or penalties that apply in the police.