Seconds Death Penalty, the which dispelled desire Repentance

Seconds Death Penalty, the which dispelled desire Repentance - Death Penalty, dashed Asa Repentance No one denies the death penalty is still in force in this country. Pros and cons that accompany each time the judges decided that penalty against a defendant, or when the executable is run, never stop the imposition of the death penalty.

Harshest sanctions for a person who committed the crime, the legal system in Indonesia, estimated first appear in the Code of Criminal Law (Criminal Code) which imposed the Dutch East Indies in 1918, known as the Wetboek van Strafrecht (WvS). WvS a change of Wetboek van Strafrecht voor Netherlands-Indie promulgated by Gazette No. 732 of 1915

After Indonesian independence, the government continued imposition of the death penalty by adopting WvS into the Criminal Code, which is defined as Law No. 1 of 1946. The National Law Development Agency (BPHN) noted, this Act applies only in Java and Madura. Through Law No. 73/1958, the Penal Code was implemented nationally.

Amendments to the Criminal Code continue to be, among others, through several laws and decisions of the Constitutional Court (MK) which cancels most articles in the Criminal Code. However, until now, the rules of the Dutch East Indies heritage that is still valid because the draft bill prepared by the government of the Criminal Code has not been agreed upon Parliament and the government.

In the Criminal Code, there are a number of offenses punishable by death, among other crimes against the security of the state (treason) and murder. In addition to the Criminal Code, a number of laws also impose the death penalty, such as Law No. 31/1999 on the Eradication of Corruption, Law No. 15/2003 on the Eradication of Terrorism, Law No. 26/2000 on Human Rights Court (HAM), Law No. 22 / 1997 on Narcotics, and Law No. 5/1997 on Psychotropic Substances.

Most of the defendants were sentenced to death in this country is due to illicit trade of narcotics or psychotropic substances (city), with murder, and terrorism. Attorney General in December 2014 release of the data, a total of 138 death row awaiting execution. However, the Coordinating Minister for Political, Legal and Security Tejo Edhy Purdijatno on many occasions stated, awaiting execution on death row today as many as 64 people.

On death row in various cases, especially drug trafficking case, President Joko Widodo demonstrate a strong attitude. He did not want to compromise and give forgiveness (pardon). In mid-January, the Attorney General has executed six death row drug cases in reclaiming, Cilacap regency, Central Java, and Boyolali, Central Java.

In February, but failed and may be done in March, the number of death row inmates drugs and murder case will be executed. Preparation in reclaiming already done, including by bringing the death row family or country of origin convict government representatives. This execution plan re-raises the pros and cons in the country or abroad.

In 2014, there was no death row inmates were executed. However, between the years 2000-2013, the Attorney General noted by 27 convicts sentenced to death by firing squad.

Opportunity to repent

Article 2 of Law No. 12/1995 of Corrections said the prison system was organized in order to form the prisoners in order to be fully human, aware of the error, improve themselves, and not to repeat the criminal act that can be received by the community, can actively participate in the development, and can normal life as a good citizen and responsible. This article gives a guarantee to prisoners, including prisoners, to repent and return to the people who received community.

Death row inmates also are entitled to the development of correctional institutions, especially to prepare for execution. They are not entitled to obtain remission (reduction of sentence). However, in accordance with Law No. 22/2002, as amended by Law No. 5/2010 on clemency, death row inmate is entitled to file a pardon or sentence negation (pardon) to the President. By Law No. 5/2010, currently there is no longer on death row to be a long wait for filing clemency because they were given a maximum time limit of one year after the decision is legally binding (inkracht).

Hendardi, Chairman EQUIVALENTS Institute, non-governmental organizations concerned with human rights (human rights), in the last week rate, alertness President Jokowi refused clemency to death row inmates filed drug cases and other cases, nor the spirit of the Attorney General to execute them, is the way government This cover weaknesses in the performance of its legal field. Until now, the tension between the Corruption Eradication Commission (KPK) and the police has not yet completed. The weakening of the Commission was still in progress.

Feel manly because he refused clemency, as presented Jokowi in several forums, obviously Hendardi, is the presumption that there is actually no direct connection with the achievement of a President. In fact, that decision will be increasingly difficult for Indonesia to conduct the defense of its citizens who are now under sentence of death in some countries. EQUIVALENTS Institute reported that there were 229 Indonesian citizens who are currently facing the death penalty abroad.

The death penalty for drug traffickers is accepted by most people because of the dangers of drugs for the generation of a nation. For death row inmate drug cases showed no repentance and improve themselves, such as staying involved controlling illicit drug trafficking from behind bars, it seems most people will agree if the convict was immediately put to death. Thus, the pace was followed by another convict.

However, for death row inmates who had long been executed and show improved behavior, it still needs to be given the opportunity to improve themselves. Justice Minister Patrialis Akbar in 2010 had proposed to pardon death row or life old and sickly. The reason, of humanity. At that time, President Susilo Bambang Yudhoyono agreed.

In 1999, President BJ Habibie made a policy change death sentence received by a person convicted to life imprisonment and convict lifetime limited changed the sentence to 20 years in prison. With this policy, Sirajuddin alias Pakde, convicted for life in murder case mannequin Dietje Budiasih Budimulyono can get remission and parole.

Of course, the granting of pardon or amnesty (negating a result of legal action) by the President can not be arbitrary, must be sorted and examined one by one according to the weight of the case and the behavior of convicts in prisons (LP). That is, not beautiful clemency refusal done in bulk, look origin rejected, regardless of self-improvement efforts undertaken by a death row inmate. Among the death row inmates are now awaiting execution, there may be already improve themselves and waiting for the opportunity to serve.