The Death Penalty for Drug Offences in Indonesia

DOI

10.2991/aebmr.k.200513.015How to use a DOI?

Keywords

death penalty, narcorics crimes, positive law

Abstract

The rampant drug abuse that occurs lately is not only done by Indonesian citizens (WNI), but also by foreign citizens (foreigners). Narcotics Law No. 35 of 2009 concerning narcotics regulates capital punishment sanctions resulting in a polemic that says that the death penalty is contrary to the 1945 Constitution and is against Human Rights (HAM). The purpose of this study is the death sentence against narcotics criminals in Indonesia in the perspective of positive law in Indonesia. The formulation in this research is how the death penalty can be seen from positive law in Indonesia? and what causes the death penalty to still be applied in Indonesia?. This research method uses a normative juridical approach carried out by tuning the sources of literature or legal literature. The results obtained in this study are in his position as guardian of the constitution, the Constitutional Court through its decision Number 2-3 / PUU-V / 2007 provides an end point for the death penalty debate so far because the constitutionality of the death penalty is increasingly confirmed. Even though the verdict is in the context of narcotics crime, however, this ruling becomes the basis of genuine thinking about the position of the death penalty and its constitutionality in Indonesia. As a sovereign country Indonesia is a country that still applies capital punishment in the criminal law system. The existence of capital punishment is because capital punishment is still very much needed in order to achieve material truth. In addition, capital punishment as an effort to respect human rights, because capital punishment will not be handed down but because the convicted person has committed a crime that has first violated the rights of others, so it is deemed necessary to be sentenced to death.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Effi M Zulkifli
PY  - 2020
DA  - 2020/05/20
TI  - The Death Penalty for Drug Offences in Indonesia
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 74
EP  - 76
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.015
DO  - 10.2991/aebmr.k.200513.015
ID  - Zulkifli2020
ER  -