2018 Indonesian Death Penalty Report: “Perpetuating Lies”

The fight to abolish death penalty in Indonesia is still a long way to go and it continues from now on. Many commitments that have been announced by Indonesia in many international forums, did not make Indonesia immediately abolish death penalty. Even though Indonesia has decided to support the recommendation from Austria, Italy, and Namibia inUniversal Periodic Review (UPR) 2017 to consider the implementation of death penalty moratorium or even take effort to abolish death penalty, in fact at the practical level death penalty is still implemented. Prosecution and court decisions on death penalty can still be found in Indonesia, even the trend on death penalty prosecution and court decisions for foreign citizens are still happening. Under the international human rights law, the implementation of death penalty can only be imposed towards the actions that are categorized under the most serious crimes. In addition, the death penalty decision must be rendered from a trial with high standards, fair, and impartial.

The commitment to implement death penalty moratorium that has been declared by Indonesia, in reality can be proven by actual effort through criminal policy reform. In 2018, Indonesia was seriously discussing several draft bills that caused the debate on death penalty, namely Draft Bill on Amendment to Terrorism Law, which was enacted in May 2018 and Draft Bill on Criminal Code (RKUHP) that is still discussed until now by the House of Representatives (DPR). Instead of abolishing death penalty, Law No. 5 of 2018 on Amendment to Law No. 15 of 2003 on Determination of Government Regulation in Lieu of Law No. 1 of 2002 on Eradication of Crime of Terrorism into a Law, re-introduced death penalty as one of criminal punishment form for the crime of terrorism.

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