Minggu, 03 November 2013

ANALYTICAL EXPOSITION : CAPITAL PUNISHMENT

According to the American Heritage® Dictionary of the English Language, Capital Punishment is the penalty of death for the commission of a crime. Capital punishment has, in the past, been practiced by most societies. Currently, 58 nations actively practice it, 97 countries have abolished it de jure for all crimes, 8 have abolished it for ordinary crimes only (maintain it for special circumstances such as war crimes), and 35 have abolished it de facto (have not used it for at least ten years and/or are under moratorium). Amnesty International considers most countries abolitionist; overall, the organization considers 140 countries to be abolitionist in law. Capital punishment is a matter of active controversy in various countries and states, and positions can be variety within a single political ideology or cultural region. It isn’t an old debate, the death penalty and anti death penalty activists and lobbyists have always been busy in their own campaigns. It is because of this that there is some confusion in the Indonesian legal system; some states have abolished death penalty, while others proudly carry the law. The house believes that capital punishment is the right way to decrease the corruptor.

If we have to see the benefits of the capital punishment for corruptors, then only one good reason why it should be done is to give a deterrent effect for the corrupt others to fear of corruption. Corruption is an extraordinary crime against violence and human rights. Corruption and human rights violations have the same nature: systematic and widespread. Our country has the 1st position in ASEAN PASIFIC as the most corrupt country. This has been proven by the result businesses released on March 8th,2010 by political and economic consultant in Hongkong. As we know, the law in Indonesia hasn’t yet stable and give less negative affects to them who has done the corruption. For the example is the case of AAL as the slipper’s police thief. We need to reform the legal and judicial system for the better and have the legal certainty for all Indonesian people. Not only for the state officials or upper-middle income people who can bribe state officials. The second benefits is our money will be save and there aren’t social inequality, where the rich get richer, the poor get poorer.

The disadvantage of capital punishment is our sin. We aren’t God who has the power to judge people. We are equal as human in His eyes. According to Thamrin Amal T. statement Sociologist of University of Indonesia capital punishment must be banned because every human in the world doesn’t have power to take another human life. Beside that we know our low system isn’t clean from corruption. Maybe innocent person can be judged to the capital punishment. Moreover, we as humans can go wrong in deciding guilt or innocence man. As is the case in Indonesia, which experienced cases of false arrest he confessed. At that time, Budi was forced by the police confessed to the murder of his father, Ali Hartawinata, in Bekasi, November 17, 2002. He confessed and named as a suspect arrested over the murder of his father. Six months later, at the Bekasi District Court judges who hear these cases decide upon release purely for he confessed. Finally, Budi breathe the air of liberty. Panel of judges, all of the evidence presented by the Prosecution is weak and can’t be used as the basis to punish he confessed.

According to my opinion is capital punishment doesn’t violate the constitution No. 20/2001 on the eradication of corruption is mentioned, that the corrupt criminals can be executed if they meet certain criteria. However, the capital punishment can only be applied to terrorists and in the case of the drug. In Indonesia, the heaviest penalty for corruptors is currently only a life sentence. The most important thing in fighting corruption in Indonesia is not a problem as high criminal threat, but how to maintain and keep the implementation of the criminal in prison followed consistently. Also there is no differential treatment based on social status and economic convicts, including relevant since the period of detention to undergo criminal, such as the existence of detention centers and prison like a four-star hotel. The extra supervision during the implementation period of detention and criminal become an important issue in Indonesia to provide a deterrent effect of capital punishment compared questionable effect. So, we need a review of the provision of remission, conditional leave, leave before free, and schedule a visit in jail and prison, especially for serious crimes including corruption.

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