Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Phenomenon of waiting period for the execution of death row inmates of narcotics crime in Indonesia

Author(s): Ali Johardi, Imam Santoso, Agus Budianto, Firman Wijaya

Indonesia still applies death penalty in the criminal law system. In practice, the implementation of death penalty, especially convicts sentenced to death in narcotic cases, having permanent legal forces, is caught in dilemma. This dilemma becomes a legal phenomenon when the execution of death row inmates has a “waiting period”. It is because the death row inmates seek to ordinary and extraordinary legal remedies with no limited time. Then, this is used by the death row inmates to delay the execution. This normative juridical research collected data by studying literature, reviewing court decision, and performing concept test using focus group discussion, with office of Attorney General, Supreme Court, National Narcotics Agency, the State Police of the Republic of Indonesia, and National Commission on Human Rights. The results of the research showed that the waiting period creates a sense of “distrust” between judicial institutions. Decision of Constitutional Court No. 34/PUU-XI/2013 and SEMA No. 7 of 2014, which contradict to each other is also one of uncertainties of criminal system in this country and it also a loopholes for the death row inmates to apply for unlimited legal remedies leading to the delay of the execution of the death penalty. Therefore, they are served to have two sentences, which are criminal imprisonment and death penalty. Government policy (political will) in the legal field is yet adequate due to political effects or international pressure. In addition, it is also because Indonesia, until today, still does not have comprehensive and integral Indonesian National Legal System and it is not in accordance with the character, philosophy, as well as culture and customs of Indonesia. As a consequence, the implementation of death penalty in Indonesia is surrounded by controversy leading to unlimited delay, especially for death row inmates in narcotic cases because they have violated Human Rights and killed many young generation in Indonesia every year. Besides, this theory is like “pendulum”, so it creates pros and cons in the community and it is not in accordance with the legal objectives, which are Legal Certainty and Justice.

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