Capital punishment has been applied in national law system since Indonesia gained its independence from the Dutch in 1945. Commission for the Disappeared and Victims of Violence (2013, p. 6) on its report states that the capital punishment has been applied in the Indonesia criminal code since the era of President Sukarno (1945-1967), although it was in President Suharto presidency that the first capital punishment was carried out in the 70s (Lynch 2009, p. 553). Regarding the capital punishment, Babcock (2013) notes that there are several crimes that have capital punishment as its maximum sentenced, such as murder, terrorism and drug smuggling. The method of the capital punishment itself can be done by firing squad (Babcock 2013). Today’s capital punishment in Indonesia...
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...court, or after the execution, it turns out that the defendant is not guilty as charged. Lynch (2009, p. 537) notes that it is possible that, there is an error in some verdicts because judge negligence in applying the law or evidence manipulation, which is conducted by police or prosecutor. It is hard to rehabilitate the defendant because they already died. As a result, the courts’ reputation will be ruined and it means that the verdict violates ICCPR article 6(1).
In conclusion, because illicit drugs can destroy and harm young generations and others, the implementation of capital punishment for drug offenders should still be imposed in Indonesia. However, it requires a competent court and guarantee from government that, defendants get theirs right as stated in Safeguards guaranteeing protection of the rights of those facing the death penalty and Indonesia law.
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