Indonesia’s Response Towards Global Communities

Critics Regarding Death Penalty Case for

Trafficking

Vella Monica Marpaung

00000000136

Program Studi, Universitas Pelita Harapan,

Jl. M.H. Thamrin Boulevard 1100, Tangerang 15811,

Indonesia
Introduction

Indonesia’s response towards global communities critics regarding death penalty case
is the main topic of the research. The writer would like to analyze the global community’s
perspective towards capital punishment that is held in Indonesia for the drug trafficking case
and Indonesia’s response towards it. The increasing international trend amongst states to
abolish the death penalty will more likely lead to huge rejection to apply the capital punishment.
Historical backgrounds will also bring up to the research as the basic understanding that
supports law enforcement in Indonesia. This research will briefly explain about the status of
the death penalty under international law to support the analyzation of this paper.

Indonesia is a state that has gained attention from around the world for its religious
belief and normative values. But somehow, the existence of death penalty has brought countless
questions and complaints that is contradicting to our beliefs. Furthermore, research question
arises. The research question is; how do the international communities respond towards the
capital punishment of drugs case in Indonesia?

The suitable theoretical concepts that can analyze Indonesia’s image towards death
penalty are historical background and political structuralism. These two theories can explain
the behavior of policy changes overtime in and also explains the process of a country evolving
to enforce certain law. Constructivism theory is used in this research, because it is based on
rationalism to sgow reasons and identity.

The main idea of executing human life to death is hard to completely understand. The
act of execution is completely easy to latch onto, but the emotions involved in executing out a
death sentence on another person, regardless of how much they deserve it is quite crossing over
the human rights. But to a certain point, this act is sometimes necessary and it is our
responsibility as a society to see that it is done to uphold justice. Eliminating fatal threat in the
society is necesarry to uphold the greater good. Drugs can be classified as a fatal element that
is very dangerous and has massive negative impact towards the international community as
well as the society.

For many decades, drugs trafficking has posed a major threat to the international
community. It is a bitter truth knowing that drug problem has weaken the moral value in our
society and also often ended up with the act of crime (e.g murder, bribery, etc). Drug problems
affect their user very negatively and based on the estimation of The United Nations Office on
Drugs and Crime (UNODC) approximately 210 million people have used drugs and around
200.000 people have died due to the use of narcotics. Some studies further indicate that drug
abuse is closely related to the widespread distribution of infectious diseases, especially HIV.

Indonesia is famous with its image as a religious country, which upholds high moral
values and religious beliefs. But however, this image is quite contradicting with the fact that
death penalty is applied in certain cases in Indonesia. This case has attracted international
concerns and complaints from the global communities. The restoration of the death penalty for
serious crimes is an issue of debate in the global communities.

The main arguments in favor of restoring the death penalty are those of deterrence and
retribution: the theory is that people will be dissuaded from violent crime if they know they
will face the ultimate punishment and that people should face the same treatment that they gave
out to others. The arguments against the death penalty are mainly ethical in our nature, that it
is basically wrong to kill and that when the state kills it sends out the wrong message to the rest
of the country. However, there are other points too in support of the death penalty, one of these
being cost. It is obviously far cheaper to execute prisoners promptly rather than feed and house
them for years on end.1

In order to analyze the main problem of this research, it is necessary to set research
question to analyze the crucial issue in this case. Furthermore, research question arise.
The research question is;
1. How do the international communities respond towards the capital punishment of drugs
case in Indonesia?
2. How does Indonesia tackle the negative responds towards their domestik law?

1
https://englishforuniversity.com/academic-writing/example-academic-essay/
 Writer will include significant explanation on why Indonesia is still enforcing death penalty
and how the international communitties respond towards the capital punishment that is still
enforced until this very day. The research will include the issue of the execution of two
Australian citizens due to drugs smuggling. Later in this research will define and further
elaborate the importance of enforcing death penalty to tackle the wide-spread of drugs
trafficking in Indoseia. The writer will also include the survey result done by United Nation
Office of Drugs and Crime (UNODC) regarding the damage that occured due to drug
trafficking issue. This research will also brieflly elaborate the position of capital punishment
based on the international law.

As a president, Mr.Joko Widodo has accepted countless questions and complaints from
countries all over the globe regarding the act of capital punishment that is crossing over
human’s right and religious value that is uphold in Indonesia. By stated these, the leadership
style of Joko Widodo really determine the advancement of Indonesia as a sovereign state. The
suitable theoretical concepts that can analyze Indonesia’s death penalty concept are historical
background and political structuralism in Indonesia. These two theories may explain the
behavior of policy changes overtime in and also explains Indonesia point of view towards the
policy. Limitation also set in order to keep this research in concise and understandable manner.

This research will not go into deep domestic law enforcement issue in Indonesia and
also this research did not meant to discriminate other countries that particularly execute the
death penalty as well. The enforcement of law and social justice in every state develop different
factors. Laws and regulations of a country not necessarily fit to other countries. Therefore, this
research is cannot be seen as discrimination however this research is for analyzing the factors
that may affect global community towards the death penalty in Indonesia.

This research will use qualitative approach as the research methodology. Since the issue
evaluate and analyze the global perspective towards death penalty which change overtime,
historical backgrounds and political structure as well as certain indications needed as a
reasonable source that will support the analyzation. This research also desire to collect
information and findings to answer the research questions by looking through various books of
Indonesia’s law transformations that have been changing or renewed from time to time.
Furthermore, through qualitative approach research method, this research can hopefully
provide explanation and indication of factors such social response, international perspective,
backgrounds and else that tend to immeasurable in quantitative approach so that can fully
support the analyzation. Another reason to support this research with qualitative approach is
because in this research comparison of policies and regulations within a certain period is
needed.

Ways to collect data that efficient for this research is through gather sources from
articles or newsmagazine that comes from Times, Newsweek, BBC, CNN, Foreign Affairs,
The Diplomat and any other credible resources will be use as a mean to collect facts and data
regarding the issue. Data that published by international institutions would also help support
the analyzation. The surveys done by United Nation Office of Drugs and Crimes (UNODC) is
also one of the resources to collect reliable data and information for the research. Data that
published by international institutions provide reliable and valid data. Journals articles as well
as books that written by scholars and experts analysis also use as the main source for this
analyzation research. Such scholars provide credible perspective that will support this research
that could be done through citing and quoting.

Though the death penalty existed as a punishment from the inception of the Republic
of Indonesia, the first judicial execution did not take place until 1973. The Indonesian
government does not issue detailed statistics about every person facing the death penalty in the
country. 2Prisoners spend often a long time in prison before their sentence is finally carried out.
However, president Jokowidodo has declared the death penalty is “positive” for the country
after seven foreign drug smugglers, including two Australians, were executed. Joko Widodo
defended the executions as Australia’s human rights commissioner, Gillian Triggs, suggested
foreign aid should be more directly linked to improving the human rights records of countries
in the region.3

President Joko Widodo received heavy condemnation from Australia due to the
execution of the 2 Australian citizens due to the drugs smuggling case. On April 17th 2005,

2
https://en.wikipedia.org/wiki/Capital_punishment_in_Indonesia
3
https://www.theguardian.com/world/2015/may/10/joko-widodo-defends-death-penalty-as-positive-for-
indonesia
nine Australians were captured at Ngurahrai International Airport in Bali for their attempt to
smuggle Heroin from Bali to Australia. Later this drug smuggling case is called as the “Bali
Nine” case. It is known that two out of the nine smugglers are the head of the opertaion and
the funders as well. The head of operation and funders are Andrew Chan and Myuran
Sukuraman then sentenced with the capital punishment due to their drug smuggling attempt. It
is also known that drug smuggling is not a new thing to the two suspects. President Joko
Widodo is aiming to show the global communities that he is currently having a war on drugs.

Australian government has recalled its ambassador to Indonesia for further

consultations after two Australians were executed. The Australian Prime Minister Tony Abbott
called the executions as very cruel and unnecessary because both suspects Andrew Chan and
Myuran Sukuraman had been fully rehabilitated during their time in prison. Prime Minister
claimed that Australia will take futher action towards this event, however, Prime Minister
Abbott also mentioned that he is sure the relationship between Indonesia and Australia will be
restored. President Joko Widodo response that Indonesia legal sovereignty must be respected
as Indonesia will respect other countries’ legal sovereignty.

As it is mentioned that two of the suspects were sentenced with capital punishment, and
the remaining seven smugglers are sentenced with a lifetime prison time. The capital
punishment took place in Central Java Indonesia, Nusakambangan Prison. Death-sentenced
inmates are executed by firing squad. The prisoner has the choice of standing or sitting, and of
whether to have his eyes covered by a blindfold or hood. Firing squads are made up of 12
people, three of whose rifles are loaded with live ammunition, while the other nine are loaded
with blanks. The squad fires from a distance of between five and ten meters. If following the
shooting the prisoner still shows signs of life, there is one final shot to the head. A prisoner
only learns of his impending execution 72 hours in advance.4

The Amnesty’s International Director for East Asia and Pacific claimed that any
executions that are still to take place must be hasted immidiately. The injustice that are already
done cannot be reversed, but there is still hope that it will not be compounded. Before the
execution was being held, Indonesia’s Foreign Ministry spokesman Armanatha Nasir
mentioned and claimed that capital punishment was not against the international law. For

4 https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Indonesia
Indonesia, the death penalty is a positive law that is still effective and it is not against the human
rights under the context of the 1945 constitution. Mr. Armanatha Nasir aslo stressed that the
action taken by Indonesia is all about the implementation of the law and enforcement. Just like
how Indonesia respects law of other nations, Indonesia hope that all countries will respect the
Indonesian law.

There are four supporting keys from international communities that are oppressing the act of
death penalty;

 The first is that there is a possibility of error. However, the chance that there might be
an error is separate from the issue of whether the death penalty can be justified or not.
If an error does occur, and an innocent person is executed, then the problem lies in the
court system, not in the death penalty. Furthermore, most activities in our world, in
which humans are involved, possess a possibility of injury or death. Construction,
sports, driving, and air travel all offer the possibility of accidental death even though
the highest levels of precautions are taken. These activities continue to take place, and
continue to occasionally take human lives, because we have all decided, as a society,
that the advantages outweigh the unintended loss. We have also decided that the
advantages of having dangerous murderers removed from our society outweigh the
losses of the offender.

 The second argument against capital punishment is that it is unfair in its administration.
Statistics show that the poor and minorities are more likely to receive the death penalty.
Once again, this is a separate issue. It can’t be disputed sadly, the rich are more likely
to get off with a lesser sentence, and this bias is wrong. However, this is yet another
problem of our current court system. The racial and economic bias is not a valid
argument against the death penalty. It is an argument against the courts and their unfair
system of sentencing.

 The third argument is actually a rebuttal to a claim made by some supporters of the
death penalty. The claim is that the threat of capital punishment reduces violent crimes.
Opponents of the death penalty do not agree and have a valid argument when they say,
 “The claims that capital punishment reduces violent crime is inconclusive and certainly
not proven.”

 The fourth argument is that the length of stay on death row, with its endless appeals,
delays, technicalities, and retrials, keep a person waiting for death for years on end. It
is both cruel and costly. This is the least credible argument against capital punishment.
The main cause of such inefficiencies is the appeals process, which allows capital cases
to bounce back and forth between state and federal courts for years on end.i5

The main idea of Indonesia from executing death penalty is to reach the common good in
the society. Drug trafficking itself is a getway for various damaging problems that may occur.
Health issue, crime, homelessness, and the endangered future are potential damage due to the
drug crime. Health issue due to the misuse of illicit drug is a huge price to pay. Drug use can
have a wide range of short- and long-term, direct and indirect effects. These effects often
depend on the specific drug or drugs used, how they are taken, how much is taken, the person's
health, and other factors. Short-term effects can range from changes in appetite, wakefulness,
heart rate, blood pressure, and/or mood to heart attack, stroke, psychosis, overdose, and even
death. These health effects may occur after just one use. Longer-term effects can include heart
or lung disease, cancer, mental illness, HIV/AIDS, hepatitis, and others. Long-term drug use
can also lead to addiction. Drug addiction is a brain disorder. Not everyone who uses drugs
will become addicted, but for some, drug use can change how certain brain circuits work. 6

Survey mentioned that HIV is in the top list of most lethal disease that is caused by drugs.
The easiest ways to spread HIV by using drugs are thru sharing needles to inject drugs (such
as heroin, speed, or anabolic steroids) is very dangerous and can easily spread HIV (and other
serious diseases) from one person to another. Some people who are addicted to drugs may trade
sex for drugs or money to get more drugs. This may put them at greater risk of HIV, especially
if they do not always practice safe sex.7 HIV is easily transmitted when people share equipment
to inject drugs, infected blood can be drawn up into a syringe and then get injected along with
the drug by the next user of the syringe. This is the easiest way to transmit HIV during drug

5
http://schoolworkhelper.net/essay-arguments-against-the-death-penalty/

6 https://www.drugabuse.gov/related-topics/health-consequences-drug-misuse
7
http://hivinsite.ucsf.edu/hiv?page=basics-00-16
use because infected blood goes directly into someone’s bloodstream. Even small amounts of
blood on your hands, cookers, filters, tourniquets, or in rinse water can be enough to infect
another user.8

Drug misuse also has high potential to the rising of crime acts. Drugs are related to crime
in multiple ways. Most directly, it is a crime to use, possess, manufacture, or distribute drugs
classified as having a potential for abuse. Cocaine, heroin, marijuana, and amphetamines are
examples of drugs classified to have abuse potential. Drugs are also related to crime through
the effects they have on the user’s behavior and by generating violence and other illegal activity
in connection with drug trafficking. The following scheme summarizes the various ways that
drugs and crime are related9.

The use of drugs also has high possibility to increase the rate number of homelesness.
Substance abuse is often a cause of homelessness. Addictive disorders disrupt relationships
with family and friends and often cause people to lose their jobs. For people who are already
struggling to pay their bills, the onset or exacerbation of an addiction may cause them to lose
their housing. The truth is that a high percentage of homeless people do struggle with substance
abuse, but addictions should be viewed as illnesses and require a great deal of treatment,
counseling, and support to overcome. In many situations, however, substance abuse is a result
of homelessness rather than a cause. People who are homeless often turn to drugs and alcohol
to cope with their situations. They use substances in an attempt to attain temporary relief from
their problems. In reality, however, substance dependence only exacerbates their problems and
decreases their ability to achieve employment stability and get off the streets. Additionally,
some people may view drug and alcohol use as necessary to be accepted among the homeless
community10

The most damaging impact drug rafficking may cause is the endangered future generations
of a country. Young generation is the future of a nation, how a nation grow it is based on their
future generations. The role of parents are deeply needed in nrturing the young generation to
have a better living. The study, "Intergenerational Continuity of Substance Use," found that
when compared to parents who did not use substances, parents who used alcohol, marijuana,

8
http://www.aidsinfonet.org/fact_sheets/view/154
9
https://www.bjs.gov/content/pub/pdf/DRRC.PDF
10
http://www.nationalhomeless.org/factsheets/addiction.pdf
and other illicit drugs were significantly more likely to have children who used those same
drugs. Specifically, the odds of children's alcohol use were five times higher if their parents
used alcohol; the odds of children's marijuana use were two times higher if their parents used
marijuana; and the odds of children's other drug use were two times higher if their parent used
other drugs. Age and other demographic factors also were important predictors of substance
use.11

As the fact that Indonesia has been given countless complaints regarding its abusive
penalty, the leaders in Indonesia made it clear that the policy will only be executed under tight
and strong law. However, international communities have addressed diplomatic voices to
abolish the law that is crossing over basic human rights.

While the death penalty is not prohibited by the International Covenant on Civil and
Political Rights (ICCPR) or any other virtually universal international treaty, there are a number
of instruments in force with fewer states parties that do abolish capital punishment. Similarly,
international customary law does not prohibit the death penalty at the current time, but
custom is rapidly changing towards a position in favour of worldwide abolition. At the
international level, the most important treaty provision relating to the death penalty is Article
6 of the ICCPR. At the time the ICCPR was drafted (1947-1966), just ten countries had
abolished the death penalty, but extensive debate nonetheless took place as to its status
under the
covenant.

Article 6 of the ICCPR states: 12

1. Every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be
imposed only for the most serious crimes in accordance with the law in force at the time of
the commission of the crime and not contrary to the provisions of the present Covenant and

11
https://www.sciencedaily.com/releases/2014/03/140320111901.htm
12
Roger Hood, The Enigma of the ‘Most Serious’ Offences Centre for Human Rights and Global Justice Working Paper Extrajudicial Execu-
tions Series (Number 9 2006) NYU School of Law, New York, 2.
to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty
can only be carried out pursuant to a final judgement rendered by a competent court
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing
in this article shall authorize any State Party to the present Covenant to derogate in any way
from any obligation assumed under the provisions of the Convention on the Prevention and
Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the
sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all
cases.
5. Sentence of death shall not be imposed for crimes committed by persons below
eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital
punishment by any State Party to the present Covenant.

If supporting a death row inmate for the rest their life costs less than putting them to death,
and ending their financial burden on society, then the problem lies in the court system, not in
the death penalty. As for the additional argument, that making a prisoner wait for years to be
executed is cruel, then would not waiting for death in prison for the rest of your life be just as
cruel, as in the case of life imprisonment without parole.

The international organization itself has suggested to current Indonesia president

Mr.Jokowi to start putting more value on human life and abolish the death penalty. Since
Jokowi took office in 2014, his government has executed a total of 18 convicted drug traffickers
in 2015 and 2016. The majority of those executed have been citizens of other countries, and
Jokowi consistently rejected their government’s calls for clemency, citing national sovereignty.
This prompted withering criticism from the governments of Brazil, Australia – home to two of
those executed in 2015 – and the Netherlands. 13

Some of the international criticism of Widodo’s death penalty policy comes from
perceptions of its hypocrisy. Jakarta devotes considerable resources to prevent the execution
of Indonesian citizens overseas. Between 2013 and 2015, Indonesia has applied a combination

13
https://www.hrw.org/news/2016/11/10/indonesia-president-jokowi-may-rethink-death-penalty-policy
of diplomatic pressure and cash payments to secure commutation of death sentences for 189
Indonesians facing execution overseas. The crimes for those granted clemency includes drug
trafficking. Jokowi’s rhetoric now needs to be backed by government action to restore
Indonesia’s unofficial moratorium on the death penalty and move toward eventual abolition.
There is no place for such cruel and unusual punishment in a rights-respecting country.14

Conclusion

Analyzing the enforcement of law and regulations in Indonesia has to be focused on its
domestic and political nature. Domestic law and political activity has played it role from the
past until today in Indonesia and came out with significant law decision such as; death penalty.
This research will focus on international perspective towards death penalty case for drug
trafficking in Indonesia.

The reason this research focus on Indonesia’s death penalty policy is because of the
international view towards law and orders in Indonesia. International community believes that
death penalty is making huge impact to the global scale because death penalty in Indonesia is
also usable towards foreigners who abide the law in Indonesia. Infact, the death penalty actually
saves more life by dettering threats from the society. The international community believes that
Indonesia has to pay more mutual respect and considerations towards the human life value, this
statement occured due to the uprising value of humans right that is being concerned globally.

Bibliography

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Working Paper Extrajudicial Executions Series (Number 9 2006) NYU School of Law, New York, 2.
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14
https://www.hrw.org/news/2016/11/10/indonesia-president-jokowi-may-rethink-death-penalty-policy
https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Indonesia
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http://hivinsite.ucsf.edu/hiv?page=basics-00-16
http://www.aidsinfonet.org/fact_sheets/view/154
i
https://www.bjs.gov/content/pub/pdf/DRRC.PDF
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https://www.hrw.org/news/2016/11/10/indonesia-president-jokowi-may-rethink-death-penalty-policy
https://www.hrw.org/news/2016/11/10/indonesia-president-jokowi-may-rethink-death-penalty-policy