Challenges of the Knowledge Society (May 2019)
DEATH PENALTY IN INDONESIA: WHAT AND WHY? IS IT NOT AGAINST UNIVERSAL HUMAN RIGHT PRINCIPLE?
Abstract
Even though Indonesia has ratified International Covenant on Civil and Political Rights (ICCPR) in 2005 which directly recognizes the right to life, at the same time Indonesia has committed to apply the death penalty in its law system. Strengthened by the Constitutional Court of the Republic of Indonesia through its verdict, the legality of the death penalty implementation in Indonesia cannot be void, considering the natures of the Court verdict which are final and binding. However, the issue of the death penalty is debatable among society because it is clear that under article 28I paragraph (1) of the 1945 Constitution to protect its people right to life. Besides, the ineffectiveness justice system in Indonesia also become one of the main grounds for cons groups to propose to the government for abolishing the death penalty as a form of punishment in the Indonesian law system. Aiming to comprehend this issue reasonably, this paper is not only going to explore the grounds of the government of the Republic of Indonesia for promoting and supporting the death penalty as one of real punishment in Indonesia but also explain the details of types crimes in which can be sentenced a death. Under article 6 paragraph (2) of ICCPR, there is a room for a country which has not to abolish the death penalty to sentence a death but only for only the most serious crimes. Thus, Do the type of crimes which can be convicted a death in Indonesia meet the definition of the most serious crimes agreed by international law and the national security interest? If so, Is this policy against the human right to life? This article will expose some scholars’ arguments, cases, jurisprudence, and verdicts to show the standing of the author in this issue.
