Death Penalty for Drugs Dealer

Human Rights are the basic right that has been given to human since they were born and cannot
be taken from them because it’s a gift from god. The birth of human rights was influenced by
political and economic insidents that happened in Europe and America like slavery,
discrimination and restraint of political and economic activities in 16 until 19 centuries that make
people think about freedom and equality, and finally form a charter named Magna Charta in
1215. Furthermore, development of human rights concept also influenced by the first and second
world war that caused destruction and misery for humans all around the world. All of that made
many countries realized so many violation of human rights and the importance of human rights
existence. Although human rights has been recognized and realized globaly by most of the
countries around the world, there are still many human rights violation in every different
countries. Even, there are many different viewpoint and measurement for human rights violation
that we can see from regulations that implemented in certain countries.

In Indonesia itself, as a country that uphold human rights protection and fulfilment for its people,
there is a controversial regulation as response to the high rate of drugs consumption in Indonesia.
The regulation is death penalty for drugs dealer for making transaction in Indonesia, whether
they are local or foreign people. Some parties oppose it because it’s human rights deprivation
that even agreed by the country, but on the other side there are parties that support and agree
with it because it’s reasonable for bigger benefit for the country. This regulation had been made
since 2009 in SBY government period which has been run until now and written in Law of
Republic Indonesia No. 39, 2009 about narcotics that the maximal penalty is death penalty. In
Joko Widodo government period, this regulation is implemented more often to cut drugs
syndicates.
One case of the death penalty for drug dealers is Freddy Budiman’s case,the biggest drug dealer
in Indonesia. He was sentenced to death on July 15th, 2013. He was executed in the Nusa
Kambangan Prison on July 28th, 2016. On pros’s side, the high rate of Narcotics consumption in
Indonesia which has entered the emergency phase of drugs is based on data from the research
results of the National Narcotics Agency (BNN) and the UI Research Center in 2017. About 1.77
percent or 3.3 million Indonesians become drug abusers with economic losses or social sector
reached Rp. 84.7 trillion. David Hutapea, Dit Information Dissemination Bid. Prevention of the
National Narcotics Agency (BNN) says the number of prevalence of drug users from year to year
seems to increase.In 2016 it was still 0.02% of the total population of Indonesia and in 2017 it
was 1.77 percent. In addition to material losses, continued David, the problem of drugs in
Indonesia has also caused the death, which is estimated at 11,071 people per year or 30 people
per day. Of the total drug users, the majority were workers (59%), followed by students (24%)
and the general population (17%).
Freddy was first arrested in March 2009 at Taman Surya Apartments, Cengkareng, West Jakarta.
He seized 500 grams of methamphetamine and was given 3 years and 4 months in prison. Once
free, he continued to act until finally arrested again on April 27, 2011. The police found 300
grams of heroin, 27 grams of methamphetamine, and 450 grams of ingredients made from
ecstasy in Freddy's car. Freddy was sentenced to nine years in prison. He was determined to
organize smuggling and circulation of 1,412,475 ecstasy pills from China and 400 thousand
ecstasy products from the Netherlands, from the Cipinang Narcotics Prison.
Freddy's action was revealed together with the arrival of a container numbered TGHU 0683898
on May 8, 2012 at the TanjungPriok JITC Port. The container was transported by the YM
Instruction Voyage 93 S ship which lifted anchor from Lianyungan Port, Shenzhen, China, on
April 28, 2012. Among the piles of container items were 12 boxes of tea packages from China.
The package is no-man's land, but it is aimed at the TNI Strategic Intelligence Agency
(BAIS).It's just a guise. When dismantled the package turned out to contain millions of ecstasy.
Eight people were arrested, one of them the army with the initials S. Quite a long time ago, the
National Narcotics Agency finally found that the ecstasy package was moved by three prisoners
in Cipinang Prison. One of them, Freddy Budiman. In June 2013, Freddy was also found
building an ecstasy factory in the prison.
Severe punishment was finally handed down to Freddy. The West Jakarta District Court
sentenced Freddy to death on Monday July 15, 2013. He was proven and convincingly violated
Article 114 of Law Number 35 Year 2009 concerning Narcotics. Finally, in the execution of
volume III, Freddy was sentenced to death. Deputy Attorney General for General Crimes (JAM
Pidum) Noor Rochmad in Cilacap said one of the four convicts executed was Freddy Budiman.
From the cons side, there are many people who link the death penalty to human rights violations.
The granting of the death penalty is the same as eliminating someone's right to life which means
violating the 1945 Constitution Article 28A and Article 27 and 28 concerning Human Rights. In
this article, it describes that every human being has the same rights in any case, including before
the law. Both criminals, women, the elderly, race and ethnicity are different without exception.
Regulations are created to be obeyed and implemented as well as possible. Although the person
has committed a crime that has crossed the line, but the death penalty is very inappropriate for
them and contrary to applicable law.
Amnesty International Indonesia Executive Director Usman Hamid stressed that the death
penalty verdict does not give a deterrent effect or reduce crime. He refers to research conducted
by the United Nations (UN) in 1998 and 2005. "The United Nations has carried out a study in
1998, 2005 which showed no connection, no credible evidence, that death sentences reduce
crime rates," Usmad said on Wednesday (10/10/2018). That broke the public perception of
supporting the death penalty, especially for narcotics crimes and terrorism, and was one reason to
reject the death penalty.
The High Commissioner for Human Rights of the United Nations, ZeidRaad al-Hussein, urged
the Indonesian government to stop the application of the death penalty for death row inmates.
Zeid said that everyone has the right to a fair legal process, including drug convicts. Therefore,
he said, all allegations against suspected drug offenders must be thoroughly and thoroughly
investigated.
The coordinator of the Commission for Missing Persons and Victims of Violence (KontraS)
HarisAzhar, visited FreedyBudiman before being executed. Freddy described the involvement of
individual law enforcement officials in his drug business so far. Freddy claimed that he bribed
the staff of the National Narcotics Agency (BNN) of Rp 450 billion and certain officials at the
National Police Headquarters at Rp 90 billion. Haris revealed that according to him the execution
of Freddy Budiman could be a way for people to cover up information that could be extracted
from his mouth.
Based on the explanation above, we can conclude that there are two sights to decide whether the
death punishment is crossing human right or not. It is depend on which cases we need to finish
up and the situation of the country. Drugs is the one of the big threat in Indonesia. The
generation of Indonesia should not allowed to consume drugs because it has bad influences. To
save and protect the citizens of the country even the young generation of indonesia, Indonesia
has done the right way of the law. The biggest influence here is eliminate negativity in the
society. The solution of any contras is the government should analysis the cases properly and
carefully to make the best decision.