*JAKARTA* – Ketua MPR RI sekaligus Ketua Umum Perkumpulan Pemilik Izin Khusus Senjata Api Bela Diri (PERIKHSA) Bambang Soesatyo menyerahkan rancangan naskah akademik peraturan pemerintah (PP) yang disiapkan PERIKHSA tentang Perizinan Senjata Api Beladiri Sipil Non-Organik TNI/Polri, kepada Menteri Hukum dan HAM RI sekaligus Ketua Dewan Penasehat PERIKHSA Yasonna Laoly.
Payung hukum keberadaan pemilik Izin Khusus Senjata Api Beladiri (IKHSA) memang sudah terwadahi dalam undang-undang (UU) yang merupakan ketentuan yang bersifat umum. Antara lain UU Darurat Republik Indonesia No.12/1951, serta Perppu No.20/1960 tentang Kewenangan Perizinan yang Diberikan Menurut Perundang-Undangan Mengenai Senjata Api. Namun belum ada ketentuan yang bersifat khusus dan spesifik sebagaimana tertuang dalam PP yang mengatur lebih lanjut tentang hak dan kewajiban pemilik IKHSA. Termasuk tentang tata cara penggunaan dan mekanisme penegakan etika dan pengawasan terhadap pemilik IKHSA.
“Syarat dan prosedur serta pendelegasian wewenang perizinan senjata api saat ini memang telah diatur dalam Peraturan Kepolisian RI No.1/2022. Namun, ketentuan tersebut belum bisa memenuhi kriteria yuridis berdasarkan ketentuan hukum administrasi dalam UU No. 30/2014 sebagaimana terakhir diubah dalam Perppu No. 2 Tahun 2022 Tentang Cipta Kerja. Karena itu PERIKHSA bersama Kemenkumham, serta nantinya melibatkan Komisi III DPR RI, Kapolri, PERBAKIN, dan berbagai pihak terkait lainnya akan menggagas seminar dan focus group discussion (FGD) untuk membahas lebih lanjut tentang PP tersebut. Hingga akhirnya Kemenkumham bisa mengajukan izin prakarsa pembuatan PP kepada presiden, kemudian dilakukan harmonisasi, serta akhirnya terbitlah PP,” ujar Bamsoet usai bertemu Menteri Hukum dan HAM sekaligus Dewan Penasehat PERIKHSA Yasonna Laoly, di Kantor Kemenkumham, Jakarta, Selasa (7/3/23).
Turut hadir para pengurus PERIKHSA antara lain Ketua Harian Eko Budianto, Sekjen Deche Helmy Hadian, Ketua Bidang Hukum Palmer Situmorang, Bidang Hukum Aldwin Rahadian, Ketua Bidang Humas Nicolas Kesuma, dan Bidang Humas Charles.
Ketua DPR RI ke-20 dan mantan Ketua Komisi III DPR RI bidang Hukum, HAM, dan Keamanan ini menjelaskan, saat ini setidaknya ada 27 ribu pemilik IKHSA. Selain berkontribusi dalam pendapatan negara melalui penerimaan negara bukan pajak (PNBP), mereka juga dapat membantu pemerintah dan kepolisian dalam menjaga keamanan dan ketertiban di masyarakat. Sekaligus bisa dimanfaatkan sebagai komponen cadangan yang sewaktu-waktu bisa mendukung TNI sebagai bagian penjaga kedaulatan bangsa dan negara.
Salah satu bentuk penggunaan senjata api oleh warga sipil adalah untuk keperluan membela diri baik keselamatan nyawa, harta, dan kehormatan diri sendiri atau orang lain. Hal ini menurut hukum dibenarkan hanya dalam keadaan tertentu yakni keadaan bela paksa (noodweer), bela paksa berlebih (noodweer excess) maupun keadaan darurat (overmacht), sebagaimana diatur dalam Kitab Undang-Undang Hukum Pidana.
“Namun ketentuan lebih lanjut tentang teknis kapan seorang pemilik IKHSA bisa menggunakan senjata apinya, serta seperti apa tahapan penggunaannya, semisal dikokang, diarahkan, atau ditembak ke atas sebagai peringatan, sampai saat ini belum ada. Sehingga seringkali menyebabkan kerancuan, multitafsir, bahkan salah tafsir dari berbagai pihak. Baik dari sisi pemilik IKHSA sendiri, maupun dari sisi Kepolisian. Karena itu, keberadaan PP sangat penting,” jelas Bamsoet.
Wakil Ketua Umum Partai Golkar dan Kepala Badan Hubungan Penegakan Hukum, Pertahanan dan Keamanan KADIN Indonesia ini menerangkan, selain memberikan kejelasan, keberadaan PP juga untuk menghindari kriminalisasi terhadap pemilik IKHSA. Sebagai contoh pernah viral beberapa waktu lalu, pemilik IKHSA yang justru terancam nyawanya karena berpotensi dikeroyok oleh supir bus dan kawan-kawannya, justru malah berhadapan dengan hukum karena ia mengokang senjata api bela diri miliknya. Padahal, ia tidak mengarahkan senjata api, hanya mengokang dan menaruh kembali senjata api di sarungnya, sebagai antisipasi sekaligus pernyataan verbal bahwa dia bersenjata untuk mencegah terjadinya pengeroyokan yang sudah hampir terjadi.
“Kisah memilukan juga pernah dialami pemilik IKHSA lainnya yang juga merupakan anggota PERBAKIN. Walaupun memiliki senjata api bela diri, ia justru tidak berani menggunakannya dalam menghadapi pengeroyokan. Akibatnya justru ia meninggal dunia karena tidak berani menggunakan senjata api untuk membela dirinya karena tiadanya kepastian hukum,” pungkas Bamsoet. (*)
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