Capital Punishment And Its Effect On Today 's Society Essay

Capital Punishment And Its Effect On Today 's Society Essay

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Within a decade, Indonesia had done several executions to drug offenders. At the time when the drug offenders would be executed by the government, there was always a debate whether the capital punishment for drug offenders violate human rights. The latest execution related to drug offenders happened to a Brazilian and a Dutch citizen, and became widely publicity in many international media. The focus of this paper is to argue the reason for and against the capital punishment. To do this, it will, firstly, providing background about the capital punishment method in Indonesia. Secondly, it will explain why capital punishment should be imposed on Indonesia in today’s society. Next, it will outline the counter argument of capital punishment based on convention of human rights and the right of life and getting fair treatment in law without limitations. Then finally, this paper will conclude by stating why the capital punishment should still be implemented in Indonesia.
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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