Death penalty, have you heard that? Yes. Indonesia have done it, but for narcotics croupier. Then, how about death penalty for the corruptor? Check this out.
Before explaining the motion, it better to know the definition of death penalty and corruptor or corruption. Death penalty or capital punishment is death as a punishment given by a court of law for very serious crimes, generally by execution. And the second aspect is corruption, is dishonest or illegal behavior especially by powerful people (as government officials or police officers), and who is corrupt, is corruptor.
Talking about corruption, 100 % all of us agree that corruption give so much bad impact for this state. Corruption break the human rights, and included as the extraordinary crime, deprave the economics matter of a state, and corruption as the universal enemy of this state.
Related to this matter, there is a statement "Death Penalty for the Corruptor". That statements made up pros and cons. So much people said agree to that statement. They had the reason that corruption damage the state, also the people by more aspects, such as economic, finance, credence, and so on.
About this matter, court of law have decided that penalty for the corruptor didn't break the law of Undang-Undang Dasar 1945. Death penalty doesn't break the right of life that guaranteed by Undang-Undang Dasar 1945, because Indonesian Constitution isn't based on the principle of absolute human right.
Chairman of assesment sub - commission of National Commission of Human Right, Soelistyowati Soegondo, she opine that death penalty was in one way with the section 28J verse 2 Undang-Undang Dasar 1945. So, it was clear that death penalty can be implemented and did't break the constitution. And we have to know that, death penalty is meant, it's not just given wary effect for the subject, but also psychology effect, and shock therapy for the people, so the people will not do that crime.
Because of that, the people believe that death penalty can decrease the number of corruption. And based on the facts, if it compared with the countries which isn't implement death penalty, Arab Saudi, implementing law of Islam and death penalty, has a low of crime level. Based on the data of United Nations Office on Drugs and Crime in year of 2012, crime level was 1,0 over 100.000 people. Compared in Finland 2,2, Belgium 1,2, Russia 10,2 crime level. And from the data, prevent effect and death penalty are influenced for the people who want to do crime, such as corruption, narcotics, and the others crime.
About this matter, court of law have decided that penalty for the corruptor didn't break the law of Undang-Undang Dasar 1945. Death penalty doesn't break the right of life that guaranteed by Undang-Undang Dasar 1945, because Indonesian Constitution isn't based on the principle of absolute human right.
Chairman of assesment sub - commission of National Commission of Human Right, Soelistyowati Soegondo, she opine that death penalty was in one way with the section 28J verse 2 Undang-Undang Dasar 1945. So, it was clear that death penalty can be implemented and did't break the constitution. And we have to know that, death penalty is meant, it's not just given wary effect for the subject, but also psychology effect, and shock therapy for the people, so the people will not do that crime.
Because of that, the people believe that death penalty can decrease the number of corruption. And based on the facts, if it compared with the countries which isn't implement death penalty, Arab Saudi, implementing law of Islam and death penalty, has a low of crime level. Based on the data of United Nations Office on Drugs and Crime in year of 2012, crime level was 1,0 over 100.000 people. Compared in Finland 2,2, Belgium 1,2, Russia 10,2 crime level. And from the data, prevent effect and death penalty are influenced for the people who want to do crime, such as corruption, narcotics, and the others crime.
In the other hand, the people disagree about death penalty for the corruptor. There are several basic reasons for that. First, reason of law and human right. It clear that death penalty break the important right, right of life. Right of life have stated in the section 28 verse 1 Undang-Undang Dasar NRI 1945 and UU No.39 year 1999, that right of life and the other rights are human rights which is it can't be decreased at anytime by anyone. Although Indonesia isn't based on the principle of absolute human right, Indonesia must respect the human right of everyone who live in Indonesia.
From the side of International law, actually death penalty must be completely remove from the national constitution of state which is the member of United Nations, included Indonesia who have ratified the International Convention about Civil Rights and Politic, by UU No.12 year 1995. Besides that, some country have stated that execution of death penalty is a cruel punishment and lower the people status.
Second, reason of effectiveness. From the sociological reality, nothing scientific verification showing that death penalty decrease the number of corruption. It means, death penalty lost to be determined factor to make a wary effect, compared to other punishment. Death penalty can be an ideological ammunition to increase radicalism and doer militancy, for example, China. China implemented death penalty for the corruptor, but till this time it haven't made good to repair the rank of corruption. In the other word, the corruption in China is developing. And from the result of research, implementation of death penalty isn't more effective than jail punishments, for example in America.
Erry Riyana, ex of leadership of KPK, said "I don't agree about death penalty, because if the subject give death penalty, the corruptor die directly, and it's not fair. We have same opinion with American Expert of Law, Danforth Newcomb, that the corruptor wasn't given death penalty, but it just given a serious fine and so long time of jailing. Do the corruptor is given death penalty and then the dilema would be fixed soon?? Then, what's the benefit of death penalty?? Wary effect?? That's just expectation."
Based on the Index of International Transparency of Corruption Perception, the countries which are not implemented death penalty for the corruptor, place the highest rank as the cleanest countries from the corruption, that's New Zealand placed 1 and Denmark placed 2.
That's the pros and cons about death penalty for the corruptor. In balance, death penalty is good to be implemented, but it must be based on the law of constitution.
Erry Riyana, ex of leadership of KPK, said "I don't agree about death penalty, because if the subject give death penalty, the corruptor die directly, and it's not fair. We have same opinion with American Expert of Law, Danforth Newcomb, that the corruptor wasn't given death penalty, but it just given a serious fine and so long time of jailing. Do the corruptor is given death penalty and then the dilema would be fixed soon?? Then, what's the benefit of death penalty?? Wary effect?? That's just expectation."
Based on the Index of International Transparency of Corruption Perception, the countries which are not implemented death penalty for the corruptor, place the highest rank as the cleanest countries from the corruption, that's New Zealand placed 1 and Denmark placed 2.
That's the pros and cons about death penalty for the corruptor. In balance, death penalty is good to be implemented, but it must be based on the law of constitution.