Since
death penalty is the highest punishment that governments gave to the criminals,
it is became the alternative to reduce the grown crime. One example of grown criminals is drug. States believe that the death penalty is an effective
deterness (Tom Head 2012). People may think that the death penalty is unfair
because it is revoke individual life which becomes a part of human rights or
because the death penalty is not effective way because criminal subject can
still has chance to repent their mistakes and become a better person. But, this
weak opinion absolutely wrong and cannot be reasons why people should banned
the death penalty for drug supplier. Moreover, H.M Prasetyo as high public
prosecutor said that especially for Indonesia, nowadays, become a country which
is include to the crisis situation of drug. That’s why there are some strong
reasons for the house to support the death penalty of drug supplier in
Indonesia.
Firstly,
by giving death penalty is not revoke drug criminal individual life of human
right. As a common reason to ban death penalty, criminal may say that death
penalty is not giving any chance to have their further life. But this reason
was rejected by Constitution Court of Law judgment which decided on October 30
2007. Constitution Court of Law did some experiments of death penalty in
Narcotics law and finally stated if death
penalty in Narcotics law do not revoke any individual life which is said in UUD 45 about individual life right. The
Constitution Court of Law stated because the collateral of human right on UUD 1945 was not included to absolute
base. The human right should use as equipments to keep the stability of country
and also to appreciate social human right. So that it’s better to kill a drug
criminal than let a drug criminal free and give a chance to kill thousand
Indonesia young generations by distributing and selling
drugs.
Secondly,
death penalty will not effect to international bilateral relationship between Indonesia
and relevant country. This is not the first time Indonesia did death penalty
policy. Among 10 years latest, there are 33 cases of death penalty which
Indonesia gave to criminals, 16 of them are foreign which come from Australia,
Brazil, Nigeria, Malaysia, Netherland, Vietnam, Pakistan, India, and Thailand
(Badan Pekerja Kontras 2007). This fact shows that the death penalty policy in
Indonesia has already exist before Balinine case on 2015. From the beginning of
realization, the death penalty policy didn’t give any big impact to
international bilateral relationship as long as others sectors of bilateral
relationship still run well. For instance is bilateral relationship between some
country at Europe such as England, and Swiss.
Thridly,
death penalty is the impact when people break Indonesia law which cannot be
compromise especially for drug cases (UndangUndang
1945, Konvensi PBB 1960 tentang Narkotuika dan Konvensi PBB 1988 tentang
Pemberantasan Peredaran Gelap Narkotika dan Psikotropika, Pasal 3 Universal
Declaration of Human Rights, UU HAM, UU Narkotika and Pasal 6 ayat 2 ICCPR
stand for International Conference of Civil and Pilitics Relationship). There
are many laws or rule people have to do for being good citizen, especially for
foreign which comes from other country. Such as law of having good habit as
citizen or foreigner among travel to Indonesia, law of obey every rules that
Indonesian government made without any exceptions, and law to not break
the rule with any reasons. One of the important laws is being drug
distributor. Being drug distributor cannot be compromise with any reasons that
criminal gave. The highest punishment of it is death penalty. For instance, Balinine cases on 2015. Criminals have already known about the Indonesia
rules and the effect that they will get, but still they did their crime. Now,
when they jailed by Indonesian government and given death penalty as a “gift”
for them, they tried to look for help whether it come from International Human
Right Association or their origin country. Everything is too late. Indonesia
gave penalty in the name of sovereignty and no one can change it.
Indonesia
does not give death penalty without any reasons. Not only Indonesia, but
also other country will do the best to keep the stability of their country
whether it is from inside or outside. There are at least three reasons why the
Indonesia government gave death penalty as a result. It is because death
penalty is not taking drug criminal individual life of human right; death penalty will not
effect to international bilateral relationship between Indonesia and relevant
country; and in the name of sovereignty death penalty given as the impact when
people break Indonesia law which cannot be compromise especially for drug
cases. As long as for keeping their citizen from bad impact of everything that
can be happened, the Indonesia government will always do the best for solve it.
Sources:
Reza, Robby. 2013.Hak Hidup vs Hukuman Mati.(Online),
(www.hukumonline.com/klinik/detail/lt4ef039aa2d0c28/hak-hidup-vs-hukuman-mati),it
is searched February 11, 2015.
E,S.2015. Hukuman Mati Mengganggu Hubungan Bilateral.
Yogyakarta: Dosen HI UPN ‘Veteran’. (online), (www.detiknews.com/news/read/2015/01/19/163757/2807478/103/2/hukuman-mati-mengganggu-hubungan
-bilateral), it is searched January 19, 2015.
Agusman, Dr. Damos.2015.Murka Diplomatik atas Hukuman
Mati: Lain Australia Lain Pula Brazil.(Online),
(www.kompasiana.com/post/read/708594/2/murka-diplomati-atas-hukuman-mati-lain
-australia-lain-pula-brazil.htm), it is searched February 24, 2015.
Head,tom. 2012. Arguments for Death Penalty.(Online). (www.civilliberty.about.com/od/capitalpunishment/tp/arguments-for-death-penalty.htm),
it is searched February 04, 2015.
Azalia Illahi Hidayat
Putri
Task 1: Academic Persuation
No comments:
Post a Comment