The death penalty is applicable for murder..
The death penalty is applicable for murder...
10 MIN READ
The Penal Code provides for the death penalty in cases of murder, crimes involving
illegal arms, corruption, drugs and terrorism, aggravated robbery, treason,
espionage and military offences.
In the Aceh region of Indonesia, death by stoning is sanctioned regionally but banned nationally.
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 had 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 internal court to process military leaders and have denounced the corruption of juries.
Public executions are banned in Indonesia. They usually are carried out 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. The authorities divulge news of the executions after those have taken place, with relatives, lawyers and the condemned people themselves being kept in the dark. “The complete lack of transparency is not only devastating for the individuals and their families; it can also prevent last minute appeals for a stay of execution,” said Papang Hidayat, Indonesia Researcher at Amnesty International, “With these clandestine executions it appears the Government is also trying to prevent a full and informed public debate on the use of the death penalty.” 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 mark at heart-level. The guns used by the firing squad include some loaded with blank bullets to prevent anyone from knowing who exactly fired the fatal shot. 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 and if the condemned is still alive, the commander of the platoon fires a final shot into the head of the prisoner. 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 said that granting 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, which 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. From 2011 to 15 August 2014, the Ministry of Foreign Affairs and the Migrant Workers Protection Task Force, better known as Satgas TKI, have saved at least 190 Indonesians from death sentence abroad. The government’s presence could be shown in the form of hiring professional lawyers to provide legal aid, facilitating relatives to hold family meetings and seeking amnesty either from heads of state or victims’ families. 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.
His successor, President Susilo Bambang Yudhoyono has overseen a steep increase in the Country’s use of the death penalty. Twenty-one 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. Two people were put to death in 2005 and there were three executions on September 22, 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 the latter those of three Islamic militants convicted over the 2002 bombings in Bali which killed 202 people, including many foreign tourists.
After a de facto moratorium dating back to 2008, Indonesia resumed executions on 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. In February 2013, deputy Attorney General for criminal cases Mahfud Mannan said that there were 111 people on death row, of whom 60 were Indonesians convicted for premeditated murder, two for terrorism and 49 other people convicted for drugs offences, most of whom were foreigners. According to Amnesty International, at least 16 new death sentences were imposed in 2013, and at least 149 people were on death row at the end of the year; around half of those currently on death row, many of them foreign nationals, were convicted of drug-related offences.
Around 140 convicts were on death row at the end of 2014, including about 60 for drugs crimes. Around 30 death row drug convicts were foreigners. No executions were carried out in 2014.
On 20 October 2014, Susilo Bambang Yudhoyono step down as President of Indonesia after two five-year terms, and Joko Widodo took office.
In early December 2014, the new President ruled out granting clemency to convicted drug traffickers sentenced to death, because Indonesia was in "a state of emergency on drugs" with people dying daily. Then he ordered the relevant authorities to carry out the court verdicts for convicts who had exhausted all avenues for appeals.
According to data from the Attorney General’s Office, at the end of December 2014, there were 136 inmates facing the death penalty, including 64 convicted of drug trafficking. Attorney General Jaksa Agung Prasetyo said a total of 20 death-row inmates, the majority of whom are drug convicts, would face the firing squad in 2015.
In the Human Rights Council’s 2008 Universal Periodic Review of human rights in Indonesia, members recommended that Indonesia abolished the death penalty and cooperated with special procedures; Indonesia responded that it intended to retain the death penalty in a selective and limited manner and supported efforts to strengthen safeguards in application of the death penalty.
On 23 May 2012, Indonesia was reviewed under the Universal Periodic Review of the UN Human Rights Council. The Government rejected recommendations to establish an official moratorium on executions with a view to abolishing the death penalty.
On 6 November 2014, new Law and Human Rights Minister Yasonna Laoly said he was personally against the death penalty. "I'm among those who think of the death penalty differently,” he said. "That's my principle. I'm not a supporter of the death penalty." While this was his view, Mr Yasonna said he wasn't "pushing it", as he respected the sentences handed down by the courts.
On 18 December 2014, for the second time, Indonesia abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly. Previous to December 20, 2012 it had always voted against.
In the Aceh region of Indonesia, death by stoning is sanctioned regionally but banned nationally.
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 had 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 internal court to process military leaders and have denounced the corruption of juries.
Public executions are banned in Indonesia. They usually are carried out 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. The authorities divulge news of the executions after those have taken place, with relatives, lawyers and the condemned people themselves being kept in the dark. “The complete lack of transparency is not only devastating for the individuals and their families; it can also prevent last minute appeals for a stay of execution,” said Papang Hidayat, Indonesia Researcher at Amnesty International, “With these clandestine executions it appears the Government is also trying to prevent a full and informed public debate on the use of the death penalty.” 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 mark at heart-level. The guns used by the firing squad include some loaded with blank bullets to prevent anyone from knowing who exactly fired the fatal shot. 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 and if the condemned is still alive, the commander of the platoon fires a final shot into the head of the prisoner. 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 said that granting 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, which 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. From 2011 to 15 August 2014, the Ministry of Foreign Affairs and the Migrant Workers Protection Task Force, better known as Satgas TKI, have saved at least 190 Indonesians from death sentence abroad. The government’s presence could be shown in the form of hiring professional lawyers to provide legal aid, facilitating relatives to hold family meetings and seeking amnesty either from heads of state or victims’ families. 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.
His successor, President Susilo Bambang Yudhoyono has overseen a steep increase in the Country’s use of the death penalty. Twenty-one 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. Two people were put to death in 2005 and there were three executions on September 22, 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 the latter those of three Islamic militants convicted over the 2002 bombings in Bali which killed 202 people, including many foreign tourists.
After a de facto moratorium dating back to 2008, Indonesia resumed executions on 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. In February 2013, deputy Attorney General for criminal cases Mahfud Mannan said that there were 111 people on death row, of whom 60 were Indonesians convicted for premeditated murder, two for terrorism and 49 other people convicted for drugs offences, most of whom were foreigners. According to Amnesty International, at least 16 new death sentences were imposed in 2013, and at least 149 people were on death row at the end of the year; around half of those currently on death row, many of them foreign nationals, were convicted of drug-related offences.
Around 140 convicts were on death row at the end of 2014, including about 60 for drugs crimes. Around 30 death row drug convicts were foreigners. No executions were carried out in 2014.
On 20 October 2014, Susilo Bambang Yudhoyono step down as President of Indonesia after two five-year terms, and Joko Widodo took office.
In early December 2014, the new President ruled out granting clemency to convicted drug traffickers sentenced to death, because Indonesia was in "a state of emergency on drugs" with people dying daily. Then he ordered the relevant authorities to carry out the court verdicts for convicts who had exhausted all avenues for appeals.
According to data from the Attorney General’s Office, at the end of December 2014, there were 136 inmates facing the death penalty, including 64 convicted of drug trafficking. Attorney General Jaksa Agung Prasetyo said a total of 20 death-row inmates, the majority of whom are drug convicts, would face the firing squad in 2015.
In the Human Rights Council’s 2008 Universal Periodic Review of human rights in Indonesia, members recommended that Indonesia abolished the death penalty and cooperated with special procedures; Indonesia responded that it intended to retain the death penalty in a selective and limited manner and supported efforts to strengthen safeguards in application of the death penalty.
On 23 May 2012, Indonesia was reviewed under the Universal Periodic Review of the UN Human Rights Council. The Government rejected recommendations to establish an official moratorium on executions with a view to abolishing the death penalty.
On 6 November 2014, new Law and Human Rights Minister Yasonna Laoly said he was personally against the death penalty. "I'm among those who think of the death penalty differently,” he said. "That's my principle. I'm not a supporter of the death penalty." While this was his view, Mr Yasonna said he wasn't "pushing it", as he respected the sentences handed down by the courts.
On 18 December 2014, for the second time, Indonesia abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly. Previous to December 20, 2012 it had always voted against.
KEEP READING
ALL THE NEWS · DEATH PENALTY On the same front

DEATH PENALTYAUGUST 31, 2026
Pakistan: ASI sentenced to death for killing two brothers in Swabi

DEATH PENALTYAUGUST 31, 2026
Bangladesh: HC confirms death sentence of lone accused for rape, murder of 8-year-old Asiya

DEATH PENALTYAUGUST 30, 2026
Pakistan: Man sentenced to death, brother gets life term for double murder in 2021

DEATH PENALTYAUGUST 23, 2026
Eastern Libya executes 10 convicted on terrorism charges

DEATH PENALTYAUGUST 21, 2026
Japan: man executed over killing 5 people

DEATH PENALTYAUGUST 15, 2026
