Analysis of the Abolition of the Death Penalty for Drug Trafficking Crimes in Indonesia the Case Study: SERANG District Court Decision Number 837/Pid.Sus/2020/PN Srg

Gunawan Widjaja and Ririn Nurhidayanti
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Gunawan Widjaja: Faculty of Law, Universitas 17 Agustus 1945 Jakarta
Ririn Nurhidayanti: Faculty of Law, Universitas 17 Agustus 1945 Jakarta

International Journal of Research and Innovation in Applied Science, 2024, vol. 9, issue 5, 496-508

Abstract: This study examines the contentious issue of the death penalty in Indonesia, with a focus on its application in cases of drug trafficking. The debate is framed by the case of SERANG District Court Decision Number 837/Pid.Sus/2020/PN.Srg, where a death sentence was commuted to a 20-year imprisonment term, sparking discussions on the death penalty’s effectiveness as a deterrent and its compatibility with human rights. The research employs a normative juridical method, analyzing relevant laws and conducting library research to explore the juridical aspects of law enforcement against drug trafficking. The findings highlight the tension between the need to address the serious threat of drugs to society and the evolving legal and ethical perspectives on capital punishment. The study aims to contribute to the development of legal policies that are both effective in combating drug crimes and aligned with principles of justice and human rights. Besides Law Number 35 of 2009 concerning Narcotics and human rights contained in Article 28 of the 1945 Constitution which has become a debate for and against the death penalty that is ongoing in Indonesia, the existence of Article 98 of the Criminal Code which regulates alternatives to the death penalty, changing the death sentence for drug dealers to 20 years is possible after a waiting period of 10 years.

Date: 2024
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