KEEP THE DEATH SENTENCE
Ahmad Qisa'i (Jakarta) and Pan Mohamad Faiz (New Delhi)This article was published at the Jakarta Post on Wed, 08/06/2008
In the past week, debate over the pros and cons of using capital punishment in
Abolitionists, those who oppose capital punishment, claim the right to life cannot be abrogated, at any cost, by anyone and that the state is responsible for ensuring this. A convict proven guilty of a serious crime cannot be put to death, but should instead be imprisoned for the longest term possible.
Second, they argue, the decision by the Indonesian government to ratify the ICCPR (International Covenant on Civil and Political Rights) into law No. 12/2005 makes the abolition of capital punishment mandatory for
Finally, on the question of justice for the victim, abolitionists argue that punishing the perpetrator with death does not do justice to the suffering caused by the crime itself. Life imprisonment will, in their opinion, bring more justice to the victim since it will amount to multiple forms of misery -- both mental and physical -- for the perpetrator.
Retentionists, those who support the use of capital punishment in
Moreover, retentionists say, the claim of inconsistencies in the Constitution has been obviated by a ruling recently issued by Indonesian's
Those in support of capital punishment say it provides justice for any serious crime committed. However, review of the legal process is necessary to arrive at a justifiable final conclusion on applying capital punishment to such offenses. A competent legal system and judges play the most important role in this matter.
In our view, since it has been officially interpreted as constitutional, capital punishment should still be used in
Even though the majority of the world's nations have approved the abolition of the death penalty (129 out of 196), being in the minority on this matter does not leave
Everyone has the right to live, perpetrators and victims alike. The Constitution guarantees that right and, in our opinion, the state and its citizens must respect and uphold this basic human right.
With a democracy in place that allows transparency and with modifications and improvements to its legal system,
Ahmad Qisa'i has a Ph.D. in political science from
Pan Mohamad Faiz has an M.C.L. from the law faculty at the