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December 8, 2024 | 07:08 pm
TEMPO.CO, Jakarta - The Indonesian Human Rights Monitor (Imparsial) criticizes the government's plan to accelerate execution of drug convicts. The death penalty is considered contradictory to human rights principles and is not in line with the spirit of legal reform in Indonesia. "Various studies show that the death penalty does not deter criminals," said Imparsial Director Ardi Manto Adiputra.
The plan to accelerate the death penalty was announced by Coordinating Minister for Political, Legal, and Security Affairs Budi Gunawan at the National Police Headquarters on December 5, 2024. According to Budi, the death penalty is necessary to deter drug dealers and traffickers.
Imparsial revealed data contradicting the claim that the death penalty deters criminals. In 2015, after the execution of 14 drug convicts, drug trafficking actually increased to 644 cases. A similar trend occurred in 2016 with a rise in cases reaching 881 despite the execution of four drug convicts.
Imparsial considers the death penalty a violation of the right to life guaranteed by Article 28I Paragraph (1) of the 1945 Constitution. This right is non-derogable under any circumstances. Moreover, the application of the death penalty in Indonesia is deemed inconsistent with the International Covenant on Civil and Political Rights (ICCPR) ratified by Indonesia in 2005.
"According to the ICCPR, the death penalty may only be imposed for very serious crimes, such as intentional murder," said Ardi Manto. "Drug offenses do not meet that criteria."
Indonesia's judiciary system, regarded as vulnerable, corrupt, and often unjust, is also a concern. Cases of mistaken identity and unfair trials are unavoidable realities. In such conditions, the implementation of the death penalty carries a high risk of undermining the principle of justice.
"Coordinating Minister Budi Gunawan should be in line with the spirit of legal reform in Indonesia, which has positioned the death penalty as an alternative primary punishment and should await government policies on the current discussion of the application of the death penalty," he said.
The UN High Commissioner for Human Rights in its 2023 report stated that the handling of drug-related crimes should be approached from a human rights and health perspective by decriminalizing drug use and possession for personal use.
"The report also encourages member states to provide alternative penalties other than imprisonment as a means to reduce the adverse impacts of drugs," he said.
The plan to accelerate executions is also considered contradictory to President Prabowo Subianto's efforts to protect Indonesian migrant workers from the death penalty abroad. "This contradictory stance could backfire in international diplomacy," he said.
As a concrete step, Imparsial urges the government to immediately impose an official moratorium on executions and prioritize the reform of the criminal justice system. Instead of expediting executions, the government should gradually abolish the death penalty and focus on a more humane and just approach.
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