Ineffective and Inhumane: Time to End Indonesia’s Death Penalty for Drug Traffickers

Abstract

To eradicate the number of illicit drug trafficking, Indonesian Law No. 35 of 2009 provides a deterrent approach of punishment through death penalty. However, most countries and regional treaties have abolished death penalty. With regard to this issue, this study analyzed the rationale of the law in regulating death penalty for illicit drug traffickers. Moreover, this study also reviewed the legality of death penalty for illicit drug traffickers under 1945’s constitution and generally, international law. The later analysis described how far the incompatibility of the death penalty sanction to the domestic law and international law. By utilizing a normative legal methodology, this study found three rationales by imposing death penalty: provides a deterrent effect, supported by the majority of the society, and in line with the country’s constitution and international law. This study provides counter arguments to support the abolition of death penalty. It found that penal populism supports the implementation of death penalty to gained people votes; the deterrent effect rationale is unrealistic in substantive matter; and most importantly, death penalty for illicit drug traffickers does not compatible with the 1945 Constitution and international human rights law.