The HATI Coalition Presents: 7 Recommendations to Abolish the Death Penalty

Among other things, urging the Government and the Civilian Board Representatives to abolish the provisions on the death penalty in the Criminal Code and various other laws. Revise Law No. 5 of 2010 concerning Clemency so that the clemency application process is not disobeyed..

Oleh: Ady Thea DA

HukumOnline.com-Indonesia still applies the death penalty in the criminal justice system. Civil society organizations that are members of the Coalition to Abolish the Death Penalty (The HATI Coalition) encourage the government to abolish the death penalty. One of the members of the HATI Coalition, Imparsial Executive Director, Gubron Mabruri said the trend of abolishing the death penalty in the international sphere is getting stronger. The proof is that there are 144 countries that have not implemented the death penalty, whether they have abolished the death penalty or a moratorium.

How about Indonesia? Gufron sees Indonesia as contradicting the global trend that supports the abolition of the death penalty because it still imposes death sentences at various levels of the judiciary. "We view that the increasing number of death penalty sentences shows that the Indonesian government does not have a commitment to protecting the life rights of its citizens," said Gufron when confirmed, Monday (11/10/2021).

In addition to Imparsial, the HATI Coalition consists of PBHI, Elsam, KontraS, ICJR, YLBHI, HRWG, SETARA Institute, FIHRRST, LBH Masyarakat, LBH Jakarta, LBH Pers, PKNI, One Justice Foundation, Migrant Care, IKOHI, PILNET, INFID.  

According to Gufron, the death penalty sentence in Indonesia is still not in accordance with the image that the Indonesian government has built at the international level. Indonesia was elected as a member of the UN Human Rights Council for the 2020-2022 period and a non-permanent member of the UN Security Council. But the fact is that Indonesia has not supported the recommendation of a moratorium or abolition in the UN Human Rights Council's Universal Periodic Review (UPR).

In the UPR trial, Gufron noted that there were at least 20 recommendations related to the death penalty that the government ignored. The government uses an awkward approach by using the death penalty as an alternative punishment to the Criminal Code.

Gufron believes that the death penalty is inappropriate in Indonesia considering the legal process and judicial system in Indonesia still has many serious problems such as misguided justice, corruption, violence, wrongful arrests, lack of access to quality legal aid and transparency.

The reasons that are often used to carry out the death penalty include the death penalty as a solution to the problem of criminality in Indonesia, such as narcotics, terrorism and corruption. Even though the results in the field show that the death penalty does not help reduce crime rates. For the crime of terrorism, the death penalty is actually the goal of the terrorists themselves because it is considered as jihad.

Among other things, urging the Government and the Civilian Board Representatives to abolish the provisions on the death penalty in the Criminal Code and various other laws. Revise Law No. 5 of 2010 concerning Clemency so that the clemency application process is not disobeyed.

On that basis, said Gufron, the Coalition proposes at least 7 things. First, urges the government to cancel all plans for future executions and immediately impose a moratorium on the death penalty and abolish crimes indicated by unfair trial practices (unfair trial). Second, the President needs to form a special team tasked with reviewing clemency applications submitted by death row convicts.

Third,   evaluates and studies cases of death row convicts to ensure that there is a correct, fair and accountable legal process, thus closing the opportunity for wrongful sentences. Fourth, to abolish the death penalty in the Rcriminal code and various other laws. Fifth, revised Act number 5 of 2010 on Clemency, in particular regarding the deadline for requesting clemency in cases of death row convicts, which should not be limited by time as has been canceled in the Constitutional Court Decision No. 107/PUU-XII/2015.

"As well as the process of applying for clemency which should not be complicated to ensure that the convict's rights are not violated," he continued.

Sixth, The President needs to stipulate a PP to implement the Clemency Law which can be a standard or guideline for the President in making decisions regarding clemency requests for death row inmates by referring to human rights principles. Seventh, The President also needs to form a team to review the conditions of death row convicts in prisons and ensure commutation steps to the death penalty.

Previously, the Head of Research and Development of Law and Human Rights of the Ministry of Law and Human Rights, Sri Puguh Budi Utami, said that it was important for the government to revise the Draft Criminal Code, especially regarding the death penalty. Currently there are 400 people who have received the death penalty, and this policy should need to be changed.

“The court can also give a probation period for a certain period of time. For example, 10 years, if in those 10 years the recipient of the death penalty shows good behavior, then the court needs to review the sentence handed down," he said as quoted on the page.