Name : Riani Yusmarina
Class : 2B
Courses:
Argumentative Writing
Crimes and Offenders Punishable By
Death
Crimes Punishable by Death
Murder.
Premeditated murder is punishable by death.
Other Offenses Resulting in Death.
Aggravated
gang-robbery (theft preceded, accompanied or followed by force or threat of
force and committed by two or more united persons, and committed either at
night in a dwelling or after a forced entrance into a dwelling) resulting in
death is punishable by death. “Extortion” with force or threat of force
resulting in death, committed by two or more united persons, is punishable by
death. Extortion is defined as forcing a person to deliver a good to oneself or
to a third party or to negotiate a loan or annul a debt by force or threat of
force.
Piracy resulting in death is punishable by death for the skipper, the captain,
the commander, and all offenders involved in the acts of violence.
Terrorism-Related Offenses Resulting in Death.
Attacks
such as piracy, hijackings or violence against persons aboard vessels or
aircraft, resulting in death, are punishable by death. Under Article 6 of Law
No. 15 of 2003 on combating terrorism, creating a “widespread atmosphere of
terror” by taking life is punishable by death. Under Articles 14 and 27 of Law
No. 9 of 2008 relating to chemical weapons, use of chemical weapons is
punishable by death.
Terrorism-Related Offenses Not Resulting in Death.
An
attack aboard an aircraft, resulting in the destruction of the aircraft, is
punishable by death. Under Articles 6, 9 and 14 of Law No. 15 of 2003 on
combating terrorism, creating (or planning or inciting others to create) a
“widespread atmosphere of terror” by taking liberty or property or damaging
state, environmental or public resources, or facilitating or attempting to
facilitate terrorism, is punishable by death. (Article 9, addressing
facilitation, is “virtually a reproduction of Indonesia’s Emergency Law No. 12
of 1951 on the Possession of Firearms and Explosives.”) Under Articles 14 and
27 of Law No. 9 of 2008 on a law relating to chemical weapons, developing,
producing, obtaining, transferring or using chemical weapons, or involvement in
or incitement of the aforementioned, is punishable by death.
Reports
indicate that Article 2 of Presidential Stipulation No. 5 of 1959 permitted the
death penalty for crimes endangering food and housing. Portions of the laws and
decrees of 1959 (apparently dictated by President Sukarno) may no longer be
good law and we have been unable to confirm whether Stipulation No. 5 is good
law.
Robbery Not Resulting in Death.
Aggravated
gang-robbery (theft preceded, accompanied or followed by force or threat of
force and committed by two or more united persons, and committed either at
night in a dwelling or after a forced entrance into a dwelling) resulting in
serious physical injury is punishable by death. “Extortion” with force or
threat of force resulting in serious physical injury, committed by two or more
united persons, is punishable by death. Extortion
is defined as forcing a person to deliver a good to oneself or to a third party
or to negotiate a loan or annul a debt by force or threat of force.
Drug Trafficking Not Resulting in Death.
Involvement
in manufacturing or trafficking or conspiracy or organized crime related to
manufacturing or trafficking is punishable by death. Under Article 89 of Law
No. 23 of 2002 on Child Protection, involving children in production,
trafficking or use of narcotics is punishable by death.
Drug Possession.
Under
Article 59 of Law No. 5 of 1997 on psychotropic drugs, the use, production,
possession or trafficking of psychotropic drugs “as an organized crime” is
punishable by death.
Economic Crimes Not Resulting in Death.
Some
acts of corruption detrimental to the finance or economy of the State are
punishable by death.
Treason.
A range of offenses are punishable by death as treason, such as the killing or
attempted murder of the Vice President, President or head of a friendly state,
collusion with foreign powers intended to cause and resulting in hostilities
and assisting the enemy or prejudicing the state in time of war (such as by
betrayal, destruction or demoralization).
Espionage.
Under Articles 22 and 23 of Law No. 31/PNPS/1964 on atomic energy, “officers of
the atomic installation, National Atomic Energy Body and other organizations
that carry out the use of atomic energy” are punishable by death if they intentionally
breach confidentiality.
Military Offenses Not Resulting in Death.
According
to a 2010 report, numerous military offenses carry the death penalty under the Indonesian
Military Penal Code.
War crimes, crimes against humanity and genocide.
Under
Articles 8, 9, 37 and 38 of Law No. 26 of 2000 on Human Rights Courts, crimes
that carry a maximum penalty of death include genocide (as defined by the
Genocide Convention, but not including ancillary crimes of genocide) and crimes
against humanity (such as killing, extermination, forcible transfer of
citizens, imprisonment or other severe deprivations of physical liberty,
enslavement, torture, rape, persecution, enforced disappearance and apartheid).
Other Offenses Not Resulting in Death.
Under
Articles 14 and 27 of Law No. 9 of 2008 relating to chemical weapons, the
development, production, obtaining, transfer or use of chemical weapons,
including as part of a military operation, is punishable by death.
Comments.
A single semi-autonomous province, Aceh, approved a draft Islamic criminal
by-law that reportedly included the punishment of stoning for adultery. This
was never the law in the rest of Indonesia. In March 2013, the Aceh government
removed the stoning provision from the draft by-law.
A
draft criminal code (2006) retains the death penalty for offenses similar to
those in the current penal code, with some inclusion of the other criminal laws
discussed herein. The new code was submitted to lawmakers in March 2013, but by
the end of our research we found no reports that it had been passed or
implemented.
Despite
the apparent expansiveness of the scope of the death penalty under Indonesian
law, reports indicate that in practice the death penalty has been imposed and
carried out only for murder (usually seriously aggravated), terrorism and drug
trafficking offenses.
Does the country have a mandatory
death penalty?
No.
Reports (and the legislation we found) indicate that criminal laws always
permit judicial discretion.
For Which Offenses, If Any, Is a
Mandatory Death Sentence Imposed?
There
is no mandatory death penalty in Indonesia.
Crimes For Which Individuals Have
Been Executed Since January 2008:
Murder.
Seventeen
people have been executed for murder in Indonesia since 1998. Eight of these
executions have taken place since 2008.
In
some of Indonesia’s first executions since 2008, three prisoners were executed
in May 2013 after being convicted of premeditated murder.
Five
executions for murder took place in 2008:
-Tubagus
Yusuf Maulana was executed on July 18, 2008 for the murder of eight people who
had come to him seeking a shaman.
-A
woman named Sumiarsih, 60, and her son, Sugeng, 44, were executed on July 19,
2008 for the murder of a marine and four members of his family back in 1988.
-Ahmad Suradji, 57, was convicted of murdering
at least 42 women and girls in what were called “ritual slayings” and executed
by firing squad on July 10, 2008. Reportedly, the man believed he would gain
supernatural powers by killing the women.
-Rio
Alek Bulo, nicknamed “Hammer” by newspapers, was executed by firing squad on
August 8, 2008. Bulo was convicted of murdering four people by way of a hammer
while trying to steal their cars.
Terrorism-Related Offenses Resulting in Death.
In
2008, three men known as the “Bali Bombers” were executed for their involvement
in the October 2002 bombing on the island of Bali, which killed 202 people and
injured 209.
Drug Trafficking Not Resulting in Death.
At
least 6 people have been executed for narcotics crimes since 1998, 3 of whom
have been executed since 2008.
In
March 2013, Indonesia carried out its first execution since 2008 when it
executed a foreign national for drug-trafficking.
In
June 2008, two Nigerian men, Samuel Iwachekwu Okoye and Hansen Anthony
Nwaliosa, were executed by firing squad after being convicted of drug
trafficking.
Comments.
Data on sentencing and executions from 1998-2009 shows that narcotics and
psychotropic drugs offenses accounted for most death sentences and executions
during that period.
Categories of Offenders Excluded
From the Death Penalty:
Individuals Below Age 18 At Time of Crime.
A
child cannot serve a sentence unless the court determines that he can tell the
difference between good and bad. Crimes that are normally punished by the death
penalty are replaced by a maximum prison sentence of ten years for minors.
Pregnant Women.
The
execution of a pregnant woman is stayed until 40 days after delivery.
Mentally Retarded.
Pursuant
to Article 44(1) of the Penal Code, no criminal liability can be imposed for an
act committed “by reason of the defective development or sickly disorder” of
the defendant’s “mental capacities.” We found no law indicating that
individuals with significant intellectual disabilities are ineligible for
execution apart from the circumstances described in Article 44(1). In other
words, individuals with severe intellectual disabilities may be excused from
criminal liability if their disabilities are proven to “cause” their criminal
behavior. Where a direct causal relationship is not proven, however, there is
no provision in the penal code that provides that such individuals shall not be
sentenced to death.
Mentally Ill.
Pursuant
to Article 44(1) of the Penal Code, no criminal liability can be imposed for an
act committed “by reason of the defective development or sickly disorder” of
the defendant’s “mental capacities.” We found no law indicating that
individuals who develop a severe mental illness after they are convicted and
sentenced to death are ineligible for execution.
