The purpose of the research was to find out and study on the limitation
applied to the police as the legal enforcer apparatus in firegun utilization, as well
as the punishment decided to the police who trespass the determination of firegun
utilization.
The research conducted was empirical legal research, i.e. a research based
on the primary data as main data and secondary data as supporting data. By reason
the legal research was empirical juridical by reasoning process in drawing
conclusion of legal regulation continued with minor premise submitting i.e. legal
fact. From these two matters, it was drawn conclusion.
The result of research are: (1) the limitation given to the police in utilizing
firegun are: (a) firegune is merely permitted to use in extraordinary condition, (b)
the firegune is merely to self defense or save other person towards the death threat
or any wounds, (c) to prevent the existence of heavy crime which involves the
threat to someone’s life, (d) to prevent or maintain the runaway of someone who
brings, threatens and during his effort to against the threats, (e) in every case,
wherein the trivial method is infeasible, and (f) the use of violence and
deliberately firegun utilization, is only permitted in the case of actually to prevent
someone’s life; (2) the sanction decided towards the police who trespass the
determination of firegun utilization is the criminal punishment and administrative
sanction from the police institution. The criminal punishments meant are: (a)
imprisonment punishment based on the decision of court judge, (b) the
imprisonment punishment is based on the decision of court judge, (c) the firing of
police member. Meanwhile the administrative punishment from police institution
can be: (a) notification (orally or in writing), (b) the drawing of firegun utilization
permit, (c) the delay of degree incline, and (d) degree incline.