In carrying out the duties and functions under the authority of Customs, which is to safeguard the rights of states and the compliance on customs and excise provisions, customs officials or customs officers may use all efforts against people or goods that the provisions of the Act met including the use of patrol boats and firearms.
Considering the task of law enforcement and marine patrol that carried out, the Customs officers are often faced with life-threatening danger or safety, with regard to the provisison, Customs officials and crews of patrol boats can be equipped with official firearms. However, the number, type, kind, and size /caliber of official firearms used in the law enforcement still needs to be limited.
For safety and security, the use of official firearms are restricted, those can only be used in very urgent circumstances. It is also expressly provided in the Law of Customs and Excise Act. In Article 74 Paragraph (2) and Article 75 Paragraph (2) of Law No. 17 of 2006 on Customs, as well as Article 33 Paragraph (2) of Law No. 39 of 2006 on Excise, in principle it regulates the permissibility of Customs officials are equipped with firearms and in the implementation of authority stipulated in the Act. In addition, the use of firearms by the Customs officers is also stipulated in Government Regulation No. 56 of 1996 on Official Firearms of Customs and Excise Officers.
In general, Customs officers or Customs officials who can use firearms are those who served in the field of supervision, especially in the Field of enforcement / Enforcement and Investigation Section (P2). However, the decision of the Director-General of Customs and Excise No. KEP-45 / BC / 1998 dated June 2, 1998 also set that some officials may also be granted an official firearm, despite being outside the assignment of supervision, such as the Head of Regional Office, the Head of Customs Services Offices (KPPBC), the Head of Customs and Excise Operation Facilities Base (PSO), the Head of Nautical Section, as well as the skipper and the crews of Customs patrol.
Requirements for the customs officer to be able to carry or use a firearm in his duty are as follows:
- Physically and mentally healthy;
- Age at least 21 years and a maximum of 65 years;
- Have the skills in treating, storing, securing, and using firearms and declared the shooting proficiency training;
- Mastering the provisions / regulations on firearms;
- Appointed or get a recommendation from the head of the institution or working unit;
- It has been granted permission to use firearms and get the loan tenure (yellow cards) from the local police
Official Firearms of Customs and Excise Officers Indonesia
While the processes or procedures in the use of firearms for Customs officers had been regulated in Regulation of the Director General of Customs and Excise No. 53/BC/2010 on Procedures for Monitoring where essentially firearms used to deal with threats that endanger officers or task force of surveillance/ patrol. The use of firearms is the last resort when conditions are dangerous after going through several stages include a verbal warning, a warning to stop for a means of transport or person, use water spray (water cannons) as well as warning shots.
To avoid the misuse of firearms, things that need to be considered are related to the legality of the firearm itself as well as the legality of the holders/users is the customs officers themselves. This means that firearms should be clearly fulfilled the terms of the formalities / documents and the customs officer is entitled to use as arranged either by Customs or in the Decree of the Chief of Police. In addition, the improvement of the Standard Operating Procedure (SOP) use of firearms is also required, as well as the monitoring and supervision of the immediate supervisor, and no less important is training in the use of firearms.
Whereas, for the need of shooting practice for customs officer may use firearms available in each office, assisted by experienced instructors/ coaches, although essentially all officers of Customs before entering the Customs, they had been followed a physical training called kesamaptaan that any of training material is the use of firearms training skills, yet the shooting practice can be done by the respective offices to maintain the readiness of customs officers in the use of firearms. In addition, the use of firearms training can also be conducted in cooperation with the military and police.
For the treatment of officials, firearms can be done regularly by each work unit with providing the maintenance budget / treatment arms in each office DIPA. For the things that can not be conducted independently by the office/ vertical work unit can be sent to the central office for further repairs / maintenance at PT Pindad. Treatment of firearms is also the responsibility of the customs officers who carry/use it, so the firearm is always in a condition ready for use.
With the availability of official firearms for Customs officials and Customs officers, it is expected to be used well with noticing the provision use considering firearms is a dangerous item so that the legality aspect of the holder itself should be a concern. Expected that the authority granted in the use of firearms was followed with great responsibility by customs officers and professionalism in the use of firearms to support the duties and functions of Customs.
Official Firearms of Indonesian Customs Officers – Temporaktif
