Capital punishment still needed, says Muladi

Capital punishment still needed, says Muladi

By Haryoso

SEMARANG (JP): Muladi, a member of the National Commission on
Human Rights and rector of Semarang's Diponegoro University,
never shies away from journalists' questions on political and
social affairs.

He speaks simply and systematically so journalists flock to
interview him whenever national and international issues arise.

Muladi, born in Surakarta, Central Java, on May 26, 1943,
gained his professorship at the age of 46. He completed a course
on human rights promotion at the International Institute of Human
Rights in Strasbourg, France, in 1979. He has four daughters.

He spoke to The Jakarta Post recently about capital
punishment. One of the most recent death sentences was handed
down to Siswanto, alias Robot Gedek, in May by the Central
Jakarta District Court for the premeditated murder of 12 boys who
he also sodomized.

Question: As a member of the rights commission, do you think
capital punishment is still relevant in Indonesia?

Answer: Honestly, the death penalty in Indonesia is still
needed. I agree with the penalty if there is no longer an
alternative. Especially, if a culprit's bad criminal record
proves that person to be incorrigible.

Q: Are the there any other reasons why you think capital
punishment is needed?

A: Yes, capital punishment is in accordance with my religious
beliefs. In principle, capital punishment does not violate
religious rules. I think it is the same with other religions
(than Islam). Capital punishment is supported by a strong basic
culture, both sociological and religious. The more so because
this kind of punishment usually exists in developing countries or
countries where religion is strong. For example, the Javanese
culture recognizes capital punishment.

Q: When was the death penalty introduced in Indonesia?

A: In 1918 under the Dutch colonial government. The official
reason given by the colonialists was the frequent fights between
ethnic groups. But that was not so. The real reason was to
suppress Indonesian fighters. But when the Dutch left, capital
punishment remained in force.

Q: To whom is capital punishment actually directed?

A: The death penalty should be applied appropriately to
premeditated crimes. The penalty can aptly be given to the
perpetrators of such crimes. Why should they live if they commit
the same crimes in future?

Q: What are the criteria for awarding the death penalty?

A: There are at least five criteria. First, the deed committed is
clearly unnatural, sadistic. The case of Datuk (a shaman) in
Medan (North Sumatra) is one example. He is suspected of
slaughtering 42 people with the intention of killing 70.

Second, the culprit does not show remorse or has a criminal
record. Third, there is more than one victim. Fourth, his acts
have caused social unrest.

Can the culprit be reformed or not? If not, just kill him,
because he is a menace to society.

Fifth, will the culprit's release endanger the community?

The five criteria can be expanded further to ensure that the
death penalty is applied to criminals who really cannot be
reformed and returned to the community.

Q: What is the United Nations' stance on capital punishment?

A: The UN itself does not ban capital punishment. Several
countries, mainly in Europe, have abolished capital punishment.
It is ironic that our criminal code, a Dutch product, has been
abolished in the Netherlands, but is still applicable here.

Nevertheless, I think capital punishment remains relevant as
long as the above criteria are met.

It should be noted that in certain states of the U.S. that the
death penalty is not applicable to pregnant women or children.

Q: What is the best way to carry out the death sentence?

A: This is important. The death penalty by firing squad in
Indonesia needs to be reviewed. In my opinion the death penalty
should be executed by lethal injection. Electrocution is very
cruel. A small electric current is painful, let alone a high
voltage current. It is abhorrent!

Q: On politics, what is your view about the national leadership
succession?

A: Succession is a natural process. It is also natural to have
one's ideals. Everyone certainly wants a high position. Is it
wrong to compete? What matters is the way in which one competes.
Competition is part of modern life.

The general election has been dramatized as if it is
everything. We still have the general session (next March) of the
People's Consultative Assembly which is more important. We must
then elect a president and a vice president.

I think there are four striking aspects in Indonesian
politics. First, we must consolidate the Pancasila democracy, and
I heard the Assembly will draw up (a policy) on the matter.
Second, there is the subject of human rights, which will also be
drafted into a policy by the Assembly. Thus, there will be a
human rights declaration in Indonesia.

Third is how to increase social justice in all fields. Fourth
is law enforcement without discrimination. These four aspects are
essential for supporting the constitution.

Q: What are your suggestions for the next cabinet?

A: One thing I would like to single out is the necessity to
create the post of state minister for law and regulations. This
is a very sensitive field. It concerns internal and external
matters in facing globalization, the existence of good law
making, the process of good law enforcement and a solid awareness
of living in a country which gives precedence to law.