DEATH PENALTY ≠ JUSTICE

Firing Squad

‘Should the death penalty be abolished or allowed?’ is a question that continues to raise many heated debates across the globe. As of July 2015, the Death Penalty Information Center states that there are 102 countries have abolished death penalty for all crimes; 7 have abolished it, but retain it for exceptional or special circumstances (such as crimes committed in wartime); 50 retain it, but have not used it for at least 10 years or are under a moratorium; and 37 retain it in both law and practice. One of the countries that retain it is Indonesia which has been implemented since 1918 in the Dutch colonial era and around more than 150 people had been executed in Indonesia.

8 Drug Dealers

Death penalty is a form of punishment that involves executing person by lethal injection, electrocution, gas chamber, hanging or firing squad after he or she has been found guilty of a crime such as murder, drug trafficking, corruption, rape, terrorism, and soon. In my arguments, I want to talk about death penalty for drug dealer in Indonesia. As a country which is in a state of emergency in drug case, on 29 April 2015, Indonesian government has executed 8 people for drug offences by firing squad and gave many conflicts because seven of them are foreigners. This execution was based on the dangers of drug abuse that can lead to addiction and even death.

     There are pro and contra about death penalty. Those who support the death penalty might argue that it can give deterrent effect for drug dealers, while others who against it may argue that it is inhumane and cannot be the perfect solution for drug trafficking. However, the reasons why I choose this topic are because I believe that death penalty is not a justice and there are some appropriate ways to substitute the death penalty as a punishment for drug dealer. There are three arguments about my topic: First, death penalty does not contribute the deterrence effect for the drug dealers. Second, death penalty can break the bilateral relation with other nations and the economic development. Third, death penalty is not justifiable and not in line with the Universal Declaration of Human Rights, the 1945 Constitution, and Pancasila

If society think that give death penalty can deter and make the drug dealers fear, then it is wrong because until now, there is no credible evidence which proves that death penalty can act as a deterrent for drug dealers. Death penalty will never be effective to act as a proportional retributive punishment that can provide a strong deterrent effect. Based on National Narcotics Agency, there were an increase and a decrease in the number of drug users in Indonesia between 2010 – 2015. It were also an increase and a decrease in the number of executions of drug dealers in Indonesia between 2010 until 2015. Therefore, I believe that our government can use other solutions to tackle drugs by life imprisonment and confiscating all of the criminal’s wealth and contribute it to the rehabilitation of drug addicts. The government can also do more intense socialization, closer supervision, and tighter regulation rather than instituting death penalty.

The second argument is death penalty can break the bilateral relation with other nations and the economic development. For example, after the execution of 8 people, Brazil and the Netherlands have recalled its ambassador from Indonesia because they think that the death penalty is a cruel act and a denial of human dignity and integrity. Therefore, the execution of death penalty for foreign citizens in drug cases will impact on diplomatic relations and disrupt Indonesia's credibility in the international point of view. Moreover, studies show that executing people actually costs more than imprisoning people. Miami Herald wrote that in Florida, US, spending $ 3,200,000 for one execution than $ 515,964 to imprison a person for 40 years with the best security (see Conway and Nakell report). Indonesia alone spent Rp.200,000,000, - for one person who was sentenced to death (Metro TV News, February 23, 2015).

The last argument is death penalty is not justifiable and not in line with the Universal Declaration of Human Rights, the 1945 Constitution, and Pancasila. On Article 28A of the 1945 Constitution states that everyone has the right to life and right to sustain life and on the first principle of Pancasila states, “Believe in the one supreme God” so the right to take a human life is God, not man. Our law’s credibility is still weak and questionable. Like a case where a 15 years old kid was arrested for 5 years since he took a pair of sandals on the street in Palu, Central Sulawesi. While a corruptor only arrested for less than 4 or 3 years in jail even though they have stolen a lot of money from the state. So, how can we take responsibility for our decisions if one day a man was executed on drug trafficking cases was not guilty? Imagine if a person commits suicide by hanging, drinking rat poison or using a knife. Should the seller of the rope, rat poison or knife be put to death? As long as there are people who want to buy the drugs, there will always new sellers. So the death penalty will not stop the use of drugs. If you want to punish, both parties must be punished; the seller and the buyer or user of drugs.

In conclusion, death penalty is not a justice. It should be abolished and should never be an option of punishment. I believe that death penalty does not contribute the deterrence effect for the drug dealers. It can break the bilateral relation with other nations and the economic development and it is also not justifiable and not in line with the Universal Declaration of Human Rights, the 1945 Constitution, and Pancasila. My recommendation are the government better gives life imprisonment and confiscates all of the property belonging to the criminal and his family, do more intense socialization, closer supervision (not only in the airport, port or terminal, but also oversight to remote areas), and tighter regulation rather than instituting death penalty.