Application of Ultimum Remedium Principle Recalled Regarding Death Sentence for Crew Member Fandi
The death sentence demand against Fandi Ramadhan, a crew member (ABK) involved in a methamphetamine smuggling case weighing approximately 2 tonnes, remains under scrutiny.
Legal expert Professor Henry Indraguna believes that law enforcement in this case must consider several important aspects, particularly regarding the perpetrator’s role and the principle of justice in the penal system.
According to Henry, the criminal law approach should not only be punishment-oriented but also pay attention to the principles of substantive justice, rehabilitation, and restorative approaches as a new direction in the penal system.
“There must be principles of substantive justice, rehabilitation, and restorative approaches as a new direction for the penal system,” said Henry on Friday, 27 February 2026.
The professor from Sultan Agung Islamic University (Unissula) in Semarang believed there were several matters that required consideration in the prosecution and trial of Fandi.
Based on available information, Fandi is not a drug trafficker. He worked as an executor on the ship responsible for overseeing cargo. In that position, he allegedly did not know with certainty that the ship’s cargo he was overseeing contained large quantities of narcotics.
Nevertheless, the Public Prosecutor from the Batam State Prosecutor’s Office still demanded Fandi face the death penalty. In the trial, Fandi must convince the judges that he is not the principal perpetrator in the narcotics smuggling network.
Criticism of this case also came from Habiburokhman, Chair of Commission III of the People’s Consultative Council (DPR) RI, who believed the prosecution demand did not align with the spirit of criminal law reform.
The legislator from the Gerindra faction also regretted the statement implying that the DPR and society had intervened in the legal process. On the other hand, the prosecution maintained its death sentence demand by referring to provisions in the Narcotics Law and the evidence it possessed.
In response to the controversy, Henry stated that the death sentence demand against Fandi needed to be carefully examined as it could potentially conflict with the spirit of criminal law reform in Indonesia’s new Criminal Code.
He referred to Article 98 of the new Criminal Code, which states that the death penalty is always threatened as an alternative to life imprisonment or imprisonment for a certain period of up to a maximum of 20 years.