Legal experts divided over capital punishment<\/p>\n
By Arif Suryubuwono<\/p>\n
JAKARTA (JP): As four of the men on Indonesia's death row face
\nimminent execution, legal experts debate whether execution should
\nremain a part of the Indonesian system of justice.<\/p>\n
All experts, however, agreed that the law must be upheld and
\nthat the executions should go forward.<\/p>\n
President Soeharto recently rejected the appeals for clemency
\nfrom the four, virtually shutting the door on possible reprieves.<\/p>\n
One of them, the Malaysian Chan Tin Chong, alias Steven, has
\nmade an eleventh hour appeal for Indonesian Legal Aid Foundation
\n(YLBHI) intervention, which in turn referred his case to the
\nNational Commission on Human Rights.<\/p>\n
Baharuddin Lopa, the commission's secretary general said that
\nany appeal for a stay of execution should be addressed to the
\nproper legal institutions and that the commission would only deal
\nwith questions of human rights.<\/p>\n
Steven, 39 years old, was sentenced to death by the West
\nJakarta District Court in 1986 for attempting to smuggle 429
\ngrams of heroin. He has since been fighting his way through the
\nhigher courts, maintaining his innocence. Failing this, he has
\nappealed for clemency from the President. This was rejected in
\nMay.<\/p>\n
The other three awaiting execution are Fredik Soru, Dance Soru
\nand Gerson Pandie, who were convicted of murdering the entire
\nfamily of Teopilus on the Rote Island in East Nusa Tenggara in
\n1989. Their request for presidential clemency has also been
\nrejected recently and they and their relatives have been notified
\naccordingly.<\/p>\n
Executions are generally carried out within weeks of the
\ndenial of the clemency appeal. Execution is carried by firing
\nsquad.<\/p>\n
The strongest opposition to capital punishment comes mainly
\nfrom human rights campaigners, including the YLBHI, who argue
\nthat deprivation of life is the ultimate violation of individual
\nhuman rights.<\/p>\n
\"Personally speaking, I'm opposed to capital punishment,\" said
\nLuhut Pangaribuan of the foundation.<\/p>\n
\"We must give the convicts a second chance to make amends.
\nHence, if the crime really deserves death, I think lifetime
\nimprisonment is better than capital punishment,\" Luhut said.<\/p>\n
Nothing wrong<\/p>\n
Justice Bismar Siregar said he did not see anything wrong with
\ncapital punishment because it is recognized in Islam.<\/p>\n
\"I absolutely agree with capital punishment\", he told The
\nJakarta Post by phone, admitting that he had upheld several death
\nsentences reviewed by the Supreme Court.<\/p>\n
\"Capital punishment is consistent with the Holy Koran. It is
\nalso consistent with the Old Testament,\" Bismar said.<\/p>\n
\"I have faith in the Koran,\" he said. \"Therefore, capital
\npunishment should be applied when and wherever necessary.\"<\/p>\n
Bismar also argued that his view is supported by the state
\nideology Pancasila, the first principle of which respects
\nreligions and consequently, it is also in line with what the
\nreligions say about such punishment. \"So, capital punishment is
\nnot against our state ideology.\"<\/p>\n
Bismar also defends the death penalty clause in the 1976 anti-
\nnarcotics law. \"If let unchecked, dangerous drugs can destroy the
\nwhole nation, so I think we shouldn't show too much compassion to
\ndrug traffickers.\"<\/p>\n
Rukmini Kusumo Astuti, a police general and a member of the
\nNational Commission on Human Rights, declined to say whether she
\nsupports or opposes capital punishment.<\/p>\n
Rukmini suggested however that research be conducted to assess
\nwhether or not capital punishment is an effective deterrent.<\/p>\n
In most nations where such studies have been carried out, no
\ndecrease in capital crimes has been uncovered after the
\nintroduction of the death penalty.<\/p>\n
\"Is it effective enough to discourage people from committing
\ncrimes punishable by death?\" she asked. \"And could it be
\njustified by the sense of justice of our society?\"<\/p>\n
Legislator Suhardi, who heads the commission on legal affairs
\nin the House of Representatives, also agreed that there should be
\na review to discuss the need to maintain capital punishment.<\/p>\n
Suhardi said he could not yet decide his own position on the
\nmatter because on the one hand, he felt convicts deserve a second
\nchance, but on the other, the law must be upheld and therefore
\nthe execution must be carried out in the name of justice.<\/p>\n
\"Ours is a country based on law. Everything must be based on
\nlaw and as such, capital punishment, as a form of law, must be
\nobserved.\"<\/p>\n
Suhardi said however that \"speaking from the heart\" he felt
\nthe convicts deserve another chance. \"If they're dead, how can
\nthey correct their past?\"<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/legal-experts-divided-over-capital-punishment-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}