REPUBLIKA.CO.ID, By: Otjih Sewandarijatun (earned bachelor degree from University of Udayana, Bali)

Drug will remain a threat for Indonesia in 2016. Many people consider drugs as a serious threat to the society as it penetrates all layers in society at any age groups. Thus, every family should concern about this and does any preventive effort possible to protect their family members. In 2015, there are about 5.1 million drugs users in Indonesia. Meanwhile, Badan Narkotika Nasional (BNN) survey records that currently there are about 338 types of drugs available nationwide. The socio-economic cost of drugs abuse was around Rp 63.3 trillion in 2014 and it is likely going to increase up to Rp 143.8 trillion in 2020. United Nations Office on Drugs and Crime (UNODC), UN body that deal with drugs threat, noted that there are about 200 new drugs factories in Indonesia and the economic loss resulted from drugs abuse is around Rp 2.2 trillion per annum with 33 people die every day and 2,000 people lose their future because of drugs.

Drug threat is very complex and multidimensional because strategically drug can destroy a nation or a civilization especially a heterogeneous nation like Indonesia, despite the fact that Indonesia is already a target of foreign parties to be turned into a weak and dependent country. Halting the spread of drugs is not an easy job. Some barriers that might come up are lack of personnel, insufficient knowledge on the anatomy of international crime, limited understanding on the revelation technique and tactics, and the domination of individual and sectoral ego. All these are deterring the synergy in accomplishing the task. On the other hand, government’s effort to impose the death penalty has not yet created deterrence effect expected. Though, this should be continued, regardless all controversies.

Death penalty

Drug threat in Indonesia has now reach an alarming level. Thus, why capital punishment cannot be performed to the drug convicts? This matter is indeed a controversy. There are many arguments posited by those who oppose death penalty. Firstly, such decision will have a negative impact to Indonesia due to some protests from international actors and it will be counterproductive for the effort to save 276 Indonesians who are now in death-row abroad. They believe that there are still some alternatives to fight the drugs such as improving the regulations.

Secondly, creating deterrence effect for the drug convicts by using death sentence is an outdated method. Such punishment will only show government’s despair in the war against the drugs. Thirdly, our constitution mandates to protect the human rights in any condition. Instead of imposing death penalty, government should have counsel the people about the harm drugs can create.

Fourthly, death penalty will not create any deterrence effect for the perpetrators. It will only create pain and suffering for the death-row convicts. Such capital punishment will not be effective either should the government have not limit the spread of drug. Moreover, the death penalty will only violate the human rights, thus, it should not be implemented as a short cut to solve drugs crisis.

Fifthly, in a media briefing with the theme “Akademisi Menolak Hukuman Mati (Academia rejects the death penalty) held by the Commission for Missing Persons and Victims of Violence (Kontras) in Jakarta on 7 March 3015, Kontras activist Haris Azhar posit that such implementation of capital punishment is a reverse step in our law because it will only emphasize government authority over public. Death penalty is the government’s short cut to avoid its responsibility.

Sixthly, death penalty for the drug convicts is a government’s failure in overcoming drugs business in Indonesia. The government only focuses on the end dealer but fail to reveal the producer or the kingpin. Indonesia as a civilized country should not use capital punishment like in colonial age. Should this punishment still be implemented, there shall be more people die. This indeed has violated the principle of criminal and humanitarian law.

On the other hand, there are still some groups of people who support the death penalty. They argue that what matters in the effort to overcome the drug threat is how to deal with drug’s effect in our society, be it in psychological and social aspect or the health of the society. Meanwhile, President Jokowi’s decision to impose capital punishment is his prerogative. As a law-based country, our own law must be upheld. Jokowi’s administration has made a breakthrough in combating drug trafficking in a comprehensive manner. Thus, the government should not be trapped in the double standard and paradoxical death penalty matter. To impose the death penalty is our decision and should not be intervened politically by other countries’ interests.

I believe, to create a legal certainty related to the death penalty for serious crime and extra ordinary crime convicts like drugs kingpin, terrorism and others, government should be firm to implement any action necessary and should not submit to pressure from any parties. Also, there should not be any exclusion because it will trigger protests from many parties domestically and internationally.

Thus, Government of Indonesia must be supported to have a firm decision to impose the death penalty for drugs offenders. Indonesians must fully support Jokowi-JK’s policy “no excuse for drug dealers”. I believe such policy intends to uphold the supremacy and rule of law in Indonesia, not to gain popularity because of the harm this drug threat has posed to our country. In strategic point of view, the drugs is indeed an “infiltration means” to destroy the future of our young generation. This is what must be forgotten by those opposing capital punishment.

Last but not least, the argument saying that there is no capital punishment in other countries need to be verified because the US that is known as the “master of democracy” also implements death penalty. The execution of Bali Nine has indeed created tension between Indonesia and Australia on which Australian Government then withdrew the ambassador. However, less than a month later, Australian ambassador was back to his post. Australia might finally realize and understand that such decision is important for Indonesia to combat the drugs and it is ultimately Indonesia’s right to protect all Indonesians from the intensifying threat of drugs.

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