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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