REFORMULATING POLICE FIREARM USE STANDARDS: BRIDGING LEGAL FRAMEWORKS WITH PANCASILA JUSTICE

Abstract

The use of firearms by the Indonesian National Police is governed by strict constitutional and legal mandates, aiming to safeguard the nation, uphold the law, and maintain public order. Despite the regulations established by the Indonesian National Police Regulation No. 1 of 2009, which stresses the principles of legality, necessity, and proportionality in firearm usage, significant gaps persist in both the normative and practical application of these standards. Public incidents of police shootings often exhibit a pattern of inconsistencies in initial statements, lack of de-escalation attempts, and inadequate post-incident documentation. This raises concerns about the structural flaws within the system, potentially undermining the legitimacy of law enforcement. International standards advocate for the use of firearms as a last resort, with non-lethal alternatives and de-escalation techniques prioritized. However, Indonesia’s implementation lacks operational clarity, especially in defining “imminent and real threats” and the mandatory nature of de-escalation. This paper proposes a reformulation of the standards surrounding the use of firearms by integrating operational threat-response matrices, mandatory de-escalation, standardized post-incident reporting, and layered oversight mechanisms. Additionally, the integration of Pancasila justice, procedural fairness, and the Radbruch triadic values (justice, utility, and certainty) will ensure that legal actions align with the principles of fairness and social justice. This reformulation aims to provide actionable guidelines to enhance accountability, transparency, and the ethical use of force in policing practices. The proposed framework offers a balanced and human rights-focused approach to policing, ensuring that the use of firearms remains a last resort, aligned with the protection of human dignity and justice.