Death Penalty (Firda Qotrunnada)

Name          : Firda Qotrunnada

NIM            : 13222034

Class           : 2B

Course        : Argumentative Writing

STKIP Garut

DEATH PENALTY

Pro

·         The following is a list of the criminal offenses that carry the death penalty in Indonesia:

®    Criminal acts during air flights or against aviation infrastructure (Law No. 4/1976)

®    Production, transit, import and possession of psychotropic drugs (Law No. 5/1997 on Psychotropic Drugs)

®    Production, transit, import and possession of narcotics (Law No. 22/1997 on Narcotics)

®    Corruption under “certain circumstances,” including repeat offenders and corruption committed during times of national emergency/disaster (Law No. 31/1999 on Corruption)

®    etc

Source: en.m.wikipedia.org/wiki/Capital_punishment_in_Indonesia

·         Death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual enforcement is an execution.

Source: en.m.wikipedia,org/wiki/Capital_punishment

·         The issue was revived when Indonesia’s president Joko Widodo issued a statement on 10^th of December 2014 that Indonesia’s law would not give any mercy towards drug dealers.

Source: m.kompasiana.com/post/read/728109/1/bali-nine-indonesia-law-on-death-penalty-and-diplomatic-turbulence.html

·         Indonesia’s President Joko Widodoays he is open to abolishing the death penalty, but not for “a long time” and only if the Indonesian people want it.

·         Mr. Joko Widodo said, “The country was facing a drugs ‘emergency’, there were 4,5million people in drug rehabilitation programs and at least 1,5 million people who can’t be cured.”

·         “This is the picture of Indonesia’s future, our generation. We want to send a strong message to drug smugglers that Indonesia is firm and serious in tackling the drug problem and one of the consequences is execution. Most importantly, our diplomats can explain to other countries the urgency of our drug problem in Indonesia. Explain to them about the conditions here, that drugs are entering villages, ruining our young ones, are being sold in campuses. Even Universities have drug problem. This is an emergency,” Mr. Joko Widodo said.

Source: www.smh.com.au/world/joko-widodo-says-ablishing-death-penalty-possible-but-not-for-a-long-time-20150308-13y6ve.html

·         Professor of Government and Philosophy at the University of Texas at Austin J. Budziszewski, PhD said, “Society is justly ordered when each person receives what is due to him. Crime disturbs this just order, for the criminal takes from people their lives, peace, liberties, and worldly goods in order to give himself underserved benefits. Deserved punishment protects society morally by restoring this just order, making the wrongdoer pay a price equivalent to the harm he has done. This is retribution, not to be confused with revenge, which is guided by a different motive. Retribution is the primary purpose of just punishment as such…[R]ehabilitation, protection, and deterrence have a lesser status in punishment than retribution.”

Source: deathpenalty.procontra.org/view.resource.php?resourceID=002000

·         Indonesia Foreign Minister Retno Marsudi said that the government had taken note of Australia’s most recent complain and didn’t want to damage the relationship with “our friends”.

Source: mobile.reuters.com/article/idUSKBN0M202C20150306/irpc=932

·         Protester Slamet Mulyadi, holding a sign that said “go to hell criminal drugs”, said it was Indonesia’s right to execute felons. “ This is my country, this is an independent country, we must save our generation,” he told reporters. “ Back off in my country, criminal drugs.”

Source: www.theguardian.com/world/2015/mar/06/bali-nine-indonesia-says-it-will-delay-executions-until-appeals-are-decided

Contra

·         Articles 4 of law No. 39 of 1999 on Human Rights states: “The right to live, the right not to be tortured, the right of individual freedom, mind and soul, the right not to be enslaved, the right to be admitted as individual and equal before the law, and the right not to be persecuted on the basis of retroactive law are non derogble rights which can’t be restricted in any situation by anybody.”

www1.umn.edu/humanrts/cat/indonesia2001.html

·         The Prime Minister Tony Abbot asked Indonesia’s government for clemency towards it citizen because protecting its citizen is an important political step for the Australian government.

·         Tony Abbot has made several maneuvers to negotiate with Jokowi to replace the death sentence with life imprisonment or lighter sentence. He also made a statement citing the help Australia had given to Indonesia at the time of Aceh tsunami in 2004, thus Tony Abbot expect a reciprocal action from Indonesia.

Source: m.kompasiana.com/post/read/728109/1/bali-nine-indonesia-law-on-death-penalty-and-diplomatic-turbulence.html

·         A freelance instructor of sociology and political science Dan Brook, Ph. D said that we need to kill the death penalty, not people. The death penalty is inhumane. Killing people makes us like the murderers who most of us so despise, it is not only about what capital punishment does to those who do the killing and those in whose name the killing is done. It is bad enough that we are victimized by crime in our society; we don’t need to be further victimized by becoming perpetrators and enacting the death penalty and then living with the unfortunate consequences.

·         The death penalty is brutal on society. The brutalization effect suggests that when violence is condoned via the death penalty, more violence occurs. Homicide rates tend to increase around the time of executions, due to legitimation, desensitization and imitation. The death penalty makes society more dangerous by further increasing violence through the brutalization effect.

Source: www.commondreams.org/views/2014/07/15/kill-death-penalty-10-arguments-against-capital-punisment

·         Australia has complained about the treatment of two drug smugglers, who face execution in Indonesia and wants to lodge a formal protest after a smiling Indonesian police chief was photographed posing with the men, official said on Friday.

Source: mobile.reuters.com/article/idUSKBN0M202C20150306/irpc=932