Capital punishment in Indonesia

Capital punishment is a legal penalty in Indonesia. It is enforced only in grave cases of murder or drug trafficking.

History

Though the death penalty existed as a punishment from the inception of the Republic of Indonesia, the first judicial execution did not take place until 1973.^[1]

The Indonesian government does not issue detailed statistics about every person facing the death penalty in the country. In fact, "the search for precise figures is hampered by prevailing state secrecy over the death penalty."^[2] It is believed, however, that there are around 130 people, Indonesians and foreign nationals, currently (as of 2013?) sentenced to die in Indonesia. About ten new death sentences are handed down annually, though executions are infrequent. Many of the prisoners awaiting execution have been waiting for ten years or more. Four executions took place in 2013, the first since 2008. In 2014, no executions took place. In January 2015 six people (among them one Dutchman, one Brazilian, one Vietnamese, one Malawian and Nigerian) were shot for drug-related crimes.^[3] In April 2015, another eight men, including several Nigerian nationals, one Brazilian and two Australian citizens were executed, also for drug trafficking.^[4][5] Indonesia is well noted as "a strong advocate against the death penalty for its citizens abroad."^[6]

Legal process

Prisoners spend often a long time in prison before their sentence is finally carried out. Usually their final appeal has been exhausted through the trial court, two appellate courts, and consideration of clemency by the President.

Prisoners and their families are notified 72 hours in advance of their pending execution.^[7] They are usually transferred to Nusa Kambangan island.^[7] They are woken up in the middle of the night and taken to a remote (and undisclosed) location and executed by firing squad. The method has not changed since 1964.^[8][9]

The blindfolded prisoner is led to a grassy area where they have an option to sit or stand.^[8] The armed soldiers shoot at the prisoner from a range of five to ten metres, aiming at the heart.^[8] Only three fire live bullets and the rest fire blanks.^[8] If the prisoner does not die, the commander is required to shoot the prisoner in the head with his, the commander's, own weapon.^[10]

Constitutionality

In 2007, the Indonesian Constitutional Court (Mahkamah Konstitusi Republik Indonesia) upheld the constitutionality of the death penalty for drug cases, by a vote of six to three.^[11] The case was brought by prisoners sentenced to death for drug crimes, including some of the Bali 9, a group of Australian citizens sentenced to prison and the death penalty for drug trafficking in Bali in 2005.

Statutory provisions

The following is a list of the criminal offences that carry the death penalty in Indonesia:^[12]

• Attempt with intent to deprive the President or Vice-President of his or her life or liberty or to render him or her unfit to govern (Indonesian Criminal Code (Kitab UU Hukum Pidana – KUHP) Art. 104)
• Aiding or protecting Indonesia's enemies at war (KUHP Art. 123 & 124)
• Fraud in delivery of military materials in time of war (KUHP Art. 127)
• Killing the head of state of a friendly state (KUHP Art. 140)
• Premeditated murder (KUHP Art. 340)
• Robbery or theft resulting in grave injury or death (KUHP Art. 365)
• Piracy resulting in death (KUHP Art. 444)
• Instigating or inciting rebellion or riot against a state defence company during times of war (KUHP)
• Extortion with violence (KUHP)
• Possession and misuse of firearm and/or other explosive (Emergency Law No. 12/1951)
• Criminal acts during air flights or against aviation infrastructure (Law No. 4/1976)
• Production, transit, import and possession of psychotropic drugs (Law No. 5/1997 on Psychotropic Drugs)
• Production, transit, import and possession of narcotics (Law No. 22/1997 on Narcotics)
• Corruption under "certain circumstances," including repeat offenders and corruption committed during times of national emergency/disaster (Law No. 31/1999 on Corruption)
• Gross violations of human rights, including genocide and crimes against humanity (Law No. 26/2000 on Human Rights Courts)
• Acts of terrorism (Law No. 15/2003 on Combating Criminal Acts of Terrorism)

Execution statistics

Indonesia ended a four-year moratorium on the death penalty with the execution of Adami Wilson, a citizen of Malawi, on 14 March 2013.^[13]

On 17 May 2013, three more prisoners were executed at Nusa Kambangan Prison on an island off the coast of Java. All three were sentenced to die for murder. Suryadi Swabuana was convicted of the premeditated murder of a family in Sumatra in 1991; Jurit bin Abdullah and Ibrahim bin Ujang were convicted of a joint murder in Sekayu, South Sumatra, in 2003.^[14]

Executions in Indonesia during and after Suharto era:^[15][16][17]

Foreign nationals

The people on death row include foreign nationals, all but one of whom were convicted of drug-related offences. These foreign inmates come from 18 different countries: Australia, Brazil, China, France, Ghana, India, Iran, Malawi, Malaysia, Netherlands, Nigeria, Pakistan, Philippines, Senegal, Sierra Leone, the United Kingdom, the United States, Vietnam, and Zimbabwe.^[16]

References