The death penalty is applicable for murder..
The death penalty is applicable for murder...
8 MIN READ
The death penalty is applicable for murder, offences concerning illegal weapons, drug crimes, terrorism, corruption, aggravated robbery, treason, espionage and military offences.
Based on Article 2 Verse 1 of the Corruption Law, the death penalty is only for criminals convicted for misappropriating funds for natural disasters, riots and economic crises.
Law No. 12/1951 on firearms stipulates that a person or party lacking a permit who imports, exports, produces, accepts, obtains, furnishes, attempts to provide, possesses or carries a firearm, ammunition or explosive could face the death penalty or a maximum jail term of 20 years.
The 1997 Narcotics Law carries the death penalty for convicted drug dealers but the maximum sentence is rarely imposed. Indonesia with a population of more than 200 million, has an estimated 1.5 million drug addicts, and they spend an average of Rp 100,000 per day on drugs.
Law No.20/2001 on corruption makes perpetrators of this crime liable to capital punishment if they are found guilty of corruption during an economic crisis. This law is not retroactive.
On March 6, 2003, Indonesia's House of Representatives converted into law two emergency anti-terrorism presidential decrees issued in October 2002, a week after bombing attacks on the resort island Bali that killed 202 people. The new legislation prescribes death by firing squad for a variety of terrorist offences. People found guilty of committing acts of terror, or threatening to do so, or damaging public or international property can be condemned to death or jail terms ranging from fours years to life. The same penalties are applicable to those using or threatening to use chemical, biological or radioactive materials to cause terror. People who stockpile or use firearms or explosives could face penalties ranging from three years in jail to death. The law allows police to detain suspects for three days on recommendations of intelligence reports. A judge can then review the case and order the suspect to be held for up to six months for further interrogation without issuing formal charges. Human rights activists expressed concern over the antiterrorism legislation, saying it could open the door to widespread abuse and remain in use long after the war on terror ends, given Indonesia's weak judiciary, rampant corruption and poor human rights record.
In 2000, the Indonesian government established an ad hoc human rights tribunal to judge those responsible for violence committed during the elections in East Timor, wanted by the UN in 1999 and during which the majority voted for independence from 'Indonesia, which occupied the territory since 1975. About a thousand people were killed by Indonesian soldiers and police. Indonesia has decided to set up this court to avoid the creation of an international tribunal for war crimes similar to those for the former Yugoslavia and Rwanda. Human rights groups have raised concerns about the ability of the judges of this court's internal process and military leaders have denounced the corruption of juries.
Public executions are banned in Indonesia. They usually come early morning on a deserted beach or remote jungle at the hands of a paramilitary firing squad of around 10 to 13 police selected following a practice session shooting at human-shaped targets. People condemned to death are only informed of their imminent execution 72 hours earlier. Their head is covered by a hood and they wear a white shirt with a red cross on, it marking the heart. The guns used by the firing squad include some loaded with blank bullets, so that none of the squad knows who fired the fatal bullet. Death does not often come quickly. There is usually around a three to five minute (period) until death. After the shooting a doctor checks for any signs of life, should there be any the commander of the firing squad shots the condemned person in the head. But the person is only rarely shot through the temple to hasten death because the body must be collected by relatives for burial.
Court requests for clemency are automatic under Indonesian law if those convicted are sentenced to death and do not submit a request themselves. President Susilo Bambang Yudhoyono has commuted a total of 19 death sentences out of 126 pleas for clemency during his two terms, including commutation of Deni Setia Maharwa’s death sentence to life in prison on humanitarian grounds in October 2012. Deni Setia Maharwagranted was an Indonesian drug trafficker and his clemency case aroused clamor. Foreign Minister Marty Natalegawa has said that the granting of clemency was part of a broader move away from capital punishment. A statement in line with a seminal ruling by the Constitutional Court in 2008, when it was established that capital punishment should be used sparingly and those on death row should be given the chance to be rehabilitated. While six of the nine members of the court found the death penalty was legal under the constitution, it was instructive that three thought it was not. Moreover, the majority ruling advocated tight limits on when the death penalty can be used, saying it should be handed out only as a “special and alternative punishment.”
Indonesia’s strategic shift reflects the demands of an increasingly globalized society. Some 6.5 million Indonesian citizens are employed abroad as domestic workers and laborers. More than 200 of them are currently facing the death penalty overseas, much to the dismay of their fellow citizens back home. In response, the Ministry of Foreign Affairs and the newly formed Migrant Workers Protection Task Force, better known as Satgas TKI, have negotiated clemency on behalf of 110 Indonesian citizens in 2012, according to a statement by the ministry. Satgas TKI stated that it was instrumental in the commutation of death sentences for 37 workers in Saudi Arabia, 14 in Malaysia, 11 in China and one in Iran.
Executions in Indonesia were somewhat rare until 2004, when, as part of a national anti-drug crusade launched by President Megawati Sukarnoputri in view of October elections, three foreign nationals were executed by firing squad for trafficking heroin.
Current President Susilo Bambang Yudhoyono has overseen a steep increase in the Country’s use of the death penalty. Twenty people have been executed since Yudhoyono took over in 2004, compared to a total of just four executions under his predecessors Sukarnoputri and Abdurrahman Wahid.There were three executions on September 22nd 2006 of three Christians, Fabianus Tibo, Marianus Riwu and Dominggus Silva, who were condemned to death in 2001 for leading a crowd the year before in an assault on an Islamic school of the Koran in the province of Central Sulawesi, where more than 200 Muslims were killed. One execution was carried out in 2007 and 10 in 2008 among them those of three Islamic militants convicted over the 2002 bombings in Bali which killed 202 people, including many foreign tourists. Then, there were no executions until 15 March 2013 when a drug dealer of Malawi, Adami Wilson, was executed in the early hours of the morning on the Thousand Islands, a popular tourist destination.
Since its independence in 1945, Indonesia has executed 63 people.
President Susilo Bambang Yudhoyono has commuted a total of 19 death sentences out of 126 pleas for clemency during his two terms, including three new commutations in 2012, and Foreign Minister Marty Natalegawa has said that the granting of clemency was part of a broader move away from capital punishment. According to Amnesty International, at least 12 new death sentences were imposed in 2012.
In February 2013, deputy Attorney General for criminal cases Mahfud Mannan said that there were 111 people on death row, of whom 60 are Indonesians convicted for premeditated murder, two for terrorism and 49 other people convicted for drugs offences, most of whom are foreigners.
In the Human Rights Council’s 2008 Universal Periodic Review of human rights in Indonesia, members recommended that Indonesia abolish the death penalty and cooperate with special procedures; Indonesia responded that it intends to retain the death penalty in a selective and limited manner and supports efforts to strengthen safeguards in application of the death penalty.
On December 20, 2012, Indonesia moved from a vote against to abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.
Based on Article 2 Verse 1 of the Corruption Law, the death penalty is only for criminals convicted for misappropriating funds for natural disasters, riots and economic crises.
Law No. 12/1951 on firearms stipulates that a person or party lacking a permit who imports, exports, produces, accepts, obtains, furnishes, attempts to provide, possesses or carries a firearm, ammunition or explosive could face the death penalty or a maximum jail term of 20 years.
The 1997 Narcotics Law carries the death penalty for convicted drug dealers but the maximum sentence is rarely imposed. Indonesia with a population of more than 200 million, has an estimated 1.5 million drug addicts, and they spend an average of Rp 100,000 per day on drugs.
Law No.20/2001 on corruption makes perpetrators of this crime liable to capital punishment if they are found guilty of corruption during an economic crisis. This law is not retroactive.
On March 6, 2003, Indonesia's House of Representatives converted into law two emergency anti-terrorism presidential decrees issued in October 2002, a week after bombing attacks on the resort island Bali that killed 202 people. The new legislation prescribes death by firing squad for a variety of terrorist offences. People found guilty of committing acts of terror, or threatening to do so, or damaging public or international property can be condemned to death or jail terms ranging from fours years to life. The same penalties are applicable to those using or threatening to use chemical, biological or radioactive materials to cause terror. People who stockpile or use firearms or explosives could face penalties ranging from three years in jail to death. The law allows police to detain suspects for three days on recommendations of intelligence reports. A judge can then review the case and order the suspect to be held for up to six months for further interrogation without issuing formal charges. Human rights activists expressed concern over the antiterrorism legislation, saying it could open the door to widespread abuse and remain in use long after the war on terror ends, given Indonesia's weak judiciary, rampant corruption and poor human rights record.
In 2000, the Indonesian government established an ad hoc human rights tribunal to judge those responsible for violence committed during the elections in East Timor, wanted by the UN in 1999 and during which the majority voted for independence from 'Indonesia, which occupied the territory since 1975. About a thousand people were killed by Indonesian soldiers and police. Indonesia has decided to set up this court to avoid the creation of an international tribunal for war crimes similar to those for the former Yugoslavia and Rwanda. Human rights groups have raised concerns about the ability of the judges of this court's internal process and military leaders have denounced the corruption of juries.
Public executions are banned in Indonesia. They usually come early morning on a deserted beach or remote jungle at the hands of a paramilitary firing squad of around 10 to 13 police selected following a practice session shooting at human-shaped targets. People condemned to death are only informed of their imminent execution 72 hours earlier. Their head is covered by a hood and they wear a white shirt with a red cross on, it marking the heart. The guns used by the firing squad include some loaded with blank bullets, so that none of the squad knows who fired the fatal bullet. Death does not often come quickly. There is usually around a three to five minute (period) until death. After the shooting a doctor checks for any signs of life, should there be any the commander of the firing squad shots the condemned person in the head. But the person is only rarely shot through the temple to hasten death because the body must be collected by relatives for burial.
Court requests for clemency are automatic under Indonesian law if those convicted are sentenced to death and do not submit a request themselves. President Susilo Bambang Yudhoyono has commuted a total of 19 death sentences out of 126 pleas for clemency during his two terms, including commutation of Deni Setia Maharwa’s death sentence to life in prison on humanitarian grounds in October 2012. Deni Setia Maharwagranted was an Indonesian drug trafficker and his clemency case aroused clamor. Foreign Minister Marty Natalegawa has said that the granting of clemency was part of a broader move away from capital punishment. A statement in line with a seminal ruling by the Constitutional Court in 2008, when it was established that capital punishment should be used sparingly and those on death row should be given the chance to be rehabilitated. While six of the nine members of the court found the death penalty was legal under the constitution, it was instructive that three thought it was not. Moreover, the majority ruling advocated tight limits on when the death penalty can be used, saying it should be handed out only as a “special and alternative punishment.”
Indonesia’s strategic shift reflects the demands of an increasingly globalized society. Some 6.5 million Indonesian citizens are employed abroad as domestic workers and laborers. More than 200 of them are currently facing the death penalty overseas, much to the dismay of their fellow citizens back home. In response, the Ministry of Foreign Affairs and the newly formed Migrant Workers Protection Task Force, better known as Satgas TKI, have negotiated clemency on behalf of 110 Indonesian citizens in 2012, according to a statement by the ministry. Satgas TKI stated that it was instrumental in the commutation of death sentences for 37 workers in Saudi Arabia, 14 in Malaysia, 11 in China and one in Iran.
Executions in Indonesia were somewhat rare until 2004, when, as part of a national anti-drug crusade launched by President Megawati Sukarnoputri in view of October elections, three foreign nationals were executed by firing squad for trafficking heroin.
Current President Susilo Bambang Yudhoyono has overseen a steep increase in the Country’s use of the death penalty. Twenty people have been executed since Yudhoyono took over in 2004, compared to a total of just four executions under his predecessors Sukarnoputri and Abdurrahman Wahid.There were three executions on September 22nd 2006 of three Christians, Fabianus Tibo, Marianus Riwu and Dominggus Silva, who were condemned to death in 2001 for leading a crowd the year before in an assault on an Islamic school of the Koran in the province of Central Sulawesi, where more than 200 Muslims were killed. One execution was carried out in 2007 and 10 in 2008 among them those of three Islamic militants convicted over the 2002 bombings in Bali which killed 202 people, including many foreign tourists. Then, there were no executions until 15 March 2013 when a drug dealer of Malawi, Adami Wilson, was executed in the early hours of the morning on the Thousand Islands, a popular tourist destination.
Since its independence in 1945, Indonesia has executed 63 people.
President Susilo Bambang Yudhoyono has commuted a total of 19 death sentences out of 126 pleas for clemency during his two terms, including three new commutations in 2012, and Foreign Minister Marty Natalegawa has said that the granting of clemency was part of a broader move away from capital punishment. According to Amnesty International, at least 12 new death sentences were imposed in 2012.
In February 2013, deputy Attorney General for criminal cases Mahfud Mannan said that there were 111 people on death row, of whom 60 are Indonesians convicted for premeditated murder, two for terrorism and 49 other people convicted for drugs offences, most of whom are foreigners.
In the Human Rights Council’s 2008 Universal Periodic Review of human rights in Indonesia, members recommended that Indonesia abolish the death penalty and cooperate with special procedures; Indonesia responded that it intends to retain the death penalty in a selective and limited manner and supports efforts to strengthen safeguards in application of the death penalty.
On December 20, 2012, Indonesia moved from a vote against to abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.
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