Death Penalty for The Narcotics Traffickers in Article 114 Verse (2) And Article 119 Verse (2) Law Number 35 Of 2009 Concerning Narcotics in The Perspectives of Human Rights Perspective and Islamic Law
It is noted that death penalty has been existed and used for so long and mostly becomes a controversy. Today, death penalty in Indonesia is still applied in any laws about the special crimes, one of which is about narcotics. This is backgrounded from the long history of narcotic distribution in Indonesia started from the Dutch Colonial that still legalized it to the today independent era that illegalizes it considering its alarming impacts. Certainly, it emerges a controversy such as the death penalty not in line with human rights, but the state on the other side must fight against the narcotics. The main problems studied here are the death penalty towards the narcotics traffickers in Article 114 Verse (2) and Article 119 Verse (2) Law Number 35 of 2009 on Narcotics and the perspective of Human Rights and Islamic Laws on the death penalty to the narcotics traffickers. This is a normative legal research using the study used the statutory and philosophical approach. The results of this research showed that death penalty is one of the punishments with the heaviest crime against narcotics traffickers, as regulated in Article 114 verse (2) and Article 119 verse (2) of Law Number 35 of 2009 concerning Narcotics, despite the controversy regarding the death penalty against narcotics traffickers related to the violated human rights. However, if it is explored in depth both from the perspectives of human rights and Islamic law, narcotics trafficking is a very dangerous and detrimental crime; even this crime violates human rights and is included in heavy human rights violations and not in line with Islamic law. The death penalty applied to narcotics traffickers basically is not against both human rights and Islamic law.