The effectiveness of the death penalty as a preventive action in suppressing the number of narcotics crimes in Indonesia

Hartanto Hartanto,Bella Setia Ningrum Amin

doi:10.15587/2523-4153.2021.225793

Hartanto Hartanto, Bella Setia Ningrum Amin

Open Access

https://doi.org/10.15587/2523-4153.2021.225793

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Abstract

The application of the death penalty for perpetrators of crimes is an absorbing topic to talk about because it reaps the pros and cons. In Indonesia, despite these pros and cons, the death penalty is still maintained, but only imposed on perpetrators of crimes, categorized as extraordinary crimes, one of which is narcotics crimes. The government's reason for implementing the death penalty is none other than because the death penalty is considered to have a deterrent effect, so that it will be able to reduce the number of narcotics crimes in Indonesia. Therefore, there are several things that we need to review, including, how is the regulation of the death penalty for narcotics criminal offenders based on Law Number 35 of 2009, on Narcotics?How is the implementation of the death penalty for narcotics criminal offenders in Indonesia? Has the application of the death penalty for narcotics offenders proven effective in reducing the number of narcotics crimes in Indonesia?It is essential to answer these questions to increase knowledge for readers and contribute in formulating a more effective and efficient strategy in the fight against narcotics crime. The study was conducted through normative legal research, and the data in this study were secondary data, which consisted of the primary law materials and the secondary law materials. The results of this study show us that Indonesia has declared narcotics crimes as a high-risk crime so that elements concerning narcotics crimes and sanctions are specifically regulated in Law No. 35 of 2009 on Narcotics. However, the number of narcotics crimes in Indonesia remains high, even though the death penalty has been repeatedly imposed on the perpetrators of narcotics crimes, which proves that the death penalty is not effective as a preventive action in combatting narcotics crimes in Indonesia.

Highlights

The death penalty, or capital punishment, is the oldest and the cruelest form of punishment in the criminal system
Most countries in the world impose the death penalty to punish murder or war-related crimes and in some countries, the death penalty is used for non-violent crimes, such as in Malaysia, Indonesia, and Vietnam, where drug-related crimes are punishable with death [1]
This study aims to illustrate to the general public, criminal law academics, criminal law enforcement, and the government that the application of the death penalty in narcotics cases is still carried out in Indonesia, while many countries have opposed the death penalty

Summary

Introduction

The death penalty, or capital punishment, is the oldest and the cruelest form of punishment in the criminal system This is because if the death penalty is imposed, the life of a person, who violates the provisions of the law, will be stolen.The death penalty has been used for a wide variety of offenses since ancient times [1]. More than two-thirds of the countries in this world have abolished the death penalty either in practice or in law [1], while at least 35 countries retain the death penalty for drug offenses [3] This trend can lead to universal abolition, which follows the Universal Declaration of Human Rights that states “everyone has the right to life, liberty, and security of person [4]

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