Capital punishment still needed, says Muladi<\/p>\n
By Haryoso<\/p>\n
SEMARANG (JP): Muladi, a member of the National Commission on
\nHuman Rights and rector of Semarang's Diponegoro University,
\nnever shies away from journalists' questions on political and
\nsocial affairs.<\/p>\n
He speaks simply and systematically so journalists flock to
\ninterview him whenever national and international issues arise.<\/p>\n
Muladi, born in Surakarta, Central Java, on May 26, 1943,
\ngained his professorship at the age of 46. He completed a course
\non human rights promotion at the International Institute of Human
\nRights in Strasbourg, France, in 1979. He has four daughters.<\/p>\n
He spoke to The Jakarta Post recently about capital
\npunishment. One of the most recent death sentences was handed
\ndown to Siswanto, alias Robot Gedek, in May by the Central
\nJakarta District Court for the premeditated murder of 12 boys who
\nhe also sodomized.<\/p>\n
Question: As a member of the rights commission, do you think
\ncapital punishment is still relevant in Indonesia?<\/p>\n
Answer: Honestly, the death penalty in Indonesia is still
\nneeded. I agree with the penalty if there is no longer an
\nalternative. Especially, if a culprit's bad criminal record
\nproves that person to be incorrigible.<\/p>\n
Q: Are the there any other reasons why you think capital
\npunishment is needed?<\/p>\n
A: Yes, capital punishment is in accordance with my religious
\nbeliefs. In principle, capital punishment does not violate
\nreligious rules. I think it is the same with other religions
\n(than Islam). Capital punishment is supported by a strong basic
\nculture, both sociological and religious. The more so because
\nthis kind of punishment usually exists in developing countries or
\ncountries where religion is strong. For example, the Javanese
\nculture recognizes capital punishment.<\/p>\n
Q: When was the death penalty introduced in Indonesia?<\/p>\n
A: In 1918 under the Dutch colonial government. The official
\nreason given by the colonialists was the frequent fights between
\nethnic groups. But that was not so. The real reason was to
\nsuppress Indonesian fighters. But when the Dutch left, capital
\npunishment remained in force.<\/p>\n
Q: To whom is capital punishment actually directed?<\/p>\n
A: The death penalty should be applied appropriately to
\npremeditated crimes. The penalty can aptly be given to the
\nperpetrators of such crimes. Why should they live if they commit
\nthe same crimes in future?<\/p>\n
Q: What are the criteria for awarding the death penalty?<\/p>\n
A: There are at least five criteria. First, the deed committed is
\nclearly unnatural, sadistic. The case of Datuk (a shaman) in
\nMedan (North Sumatra) is one example. He is suspected of
\nslaughtering 42 people with the intention of killing 70.<\/p>\n
Second, the culprit does not show remorse or has a criminal
\nrecord. Third, there is more than one victim. Fourth, his acts
\nhave caused social unrest.<\/p>\n
Can the culprit be reformed or not? If not, just kill him,
\nbecause he is a menace to society.<\/p>\n
Fifth, will the culprit's release endanger the community?<\/p>\n
The five criteria can be expanded further to ensure that the
\ndeath penalty is applied to criminals who really cannot be
\nreformed and returned to the community.<\/p>\n
Q: What is the United Nations' stance on capital punishment?<\/p>\n
A: The UN itself does not ban capital punishment. Several
\ncountries, mainly in Europe, have abolished capital punishment.
\nIt is ironic that our criminal code, a Dutch product, has been
\nabolished in the Netherlands, but is still applicable here.<\/p>\n
Nevertheless, I think capital punishment remains relevant as
\nlong as the above criteria are met.<\/p>\n
It should be noted that in certain states of the U.S. that the
\ndeath penalty is not applicable to pregnant women or children.<\/p>\n
Q: What is the best way to carry out the death sentence?<\/p>\n
A: This is important. The death penalty by firing squad in
\nIndonesia needs to be reviewed. In my opinion the death penalty
\nshould be executed by lethal injection. Electrocution is very
\ncruel. A small electric current is painful, let alone a high
\nvoltage current. It is abhorrent!<\/p>\n
Q: On politics, what is your view about the national leadership
\nsuccession?<\/p>\n
A: Succession is a natural process. It is also natural to have
\none's ideals. Everyone certainly wants a high position. Is it
\nwrong to compete? What matters is the way in which one competes.
\nCompetition is part of modern life.<\/p>\n
The general election has been dramatized as if it is
\neverything. We still have the general session (next March) of the
\nPeople's Consultative Assembly which is more important. We must
\nthen elect a president and a vice president.<\/p>\n
I think there are four striking aspects in Indonesian
\npolitics. First, we must consolidate the Pancasila democracy, and
\nI heard the Assembly will draw up (a policy) on the matter.
\nSecond, there is the subject of human rights, which will also be
\ndrafted into a policy by the Assembly. Thus, there will be a
\nhuman rights declaration in Indonesia.<\/p>\n
Third is how to increase social justice in all fields. Fourth
\nis law enforcement without discrimination. These four aspects are
\nessential for supporting the constitution.<\/p>\n
Q: What are your suggestions for the next cabinet?<\/p>\n
A: One thing I would like to single out is the necessity to
\ncreate the post of state minister for law and regulations. This
\nis a very sensitive field. It concerns internal and external
\nmatters in facing globalization, the existence of good law
\nmaking, the process of good law enforcement and a solid awareness
\nof living in a country which gives precedence to law.<\/p>",
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