UPH Faculty of Law Held a National Seminar on Dynamics of the Decision on Death Penalty Execution

The issue of death penalty is the right issue to be discussed today, where this issue has become a national and even international issue and becausethe Judiciary has just executeda death penalty against some narcotics some time ago. Departing from this background, UPH Faculty of Law?s Constitutional Studies and Anti Corruption Center (PUSAKA)in collaboration with Jakarta?s Criminal Law and Criminology Society (MAHUPIKI) held a National Seminar of ?The Dynamics of a Death Penalty Decision in Indonesia?.

This national seminar presented Faried Harianto SH. MS, Expert Staff Attorney General for General Crimes Division, whp represented H.M Prasetyo, Attorney General of the Republic of Indonesia, Topane Gayus Lumbuun, Judge of the Supreme Court (MA) and Hamdan Zoelva, former Chairman of the Constitutional Court. The seminar was hosted by Jamin Ginting, Chairman of UPH Faculty of Law?s Pusaka who also served as Chairman of Mahupiki Jakarta. Rector of UPH, Jonathan L. Parapak, and Bintan R. Saragih, Dean of UPH Faculty of Law, were also present.

“The issue of this death penalty is very important that it succeeds in attracting the world?s attention, I am proud that UPH Faculty of Law can take the initiative on this issue in the national seminar and is able to bring these guests of honor. Hopefully, through this seminar, enlightenment could be provided and it would be beneficial to students,” said the Rector in his speech.

The keynote speech was delivered by Faried Harianto SH. MS, Expert Staff Attorney General for General Crimes Division. He explained that the death penalty can provide a deterrent effect to any person who think about committing similar acts, as well as giving a sense of justice to the victims left behind. Through the execution of the death penalty by the Attorney General against this narcotics case, it gives a warning to drug criminals that there is no safe legal for them.

He explained that the execution is done as an effort to manifest lites finir oportet and justice delayed justice denied. It is a progressive form of law enforcement, with no doubt executing serious crimes which use Judicial Review to stall executions. Through this seminar, he hopes that breakthroughs for more permanent regulations on the conduct of death penalty will be realized.

Gayus Lumbuun, Supreme Court Judge, who has overcome many death penalty cases, does not question these executions. For him, the execution of death penalty is the consistency of law enforcement in Indonesia as part of the national political law execution in the sense of positive law implementation. The death penalty is not a matter that can be decided randomly. Gayus stressed that it is necessary to select a crime that deserves to be put to death, including a remission of the death penalty through the granting of pardon by the President and the technical procedures.

He expressed his opinion on the submission of Judicial Review which in principle can only be done once. If there is a novum, in his opinion, Judicial Review should be done and time limits for the Judicial Review filing after the first Judicial Review should be set clearly to create legal certainty.

“The substance of the opportunity to request for a Judicial Review is related to individual rights that need to be set together with the representatives of the people, as a follow-up from the decision of the Court which is also equivalent to the Acts”

A similar opinion was delivered by Hamdan Zoelva, a former Constitutional Court Judge. He explained that the death penalty does not conflict in particular to Article 28 I paragraph 1 of the 1945 Constitution. Both are actually constitutionally valid under the Act and the decision of the Court.

“The death penalty is no longer the main criminal but a specific crime or an alternative with the existence of limitations such as probation for 10 years, if there is a change, it can be replaced with a life sentence for (20 years imprisonment). Also for pregnant women and people suffering from mental illness,” explained Hamdan.

On the question and answer session, Gayus answered one of the questions regarding whether the death penalty can give a deterrent effect and justice. For him, the deterrent effect is important and indispensable in order not to commit a crime again. The justice decided is definitely not easy, but through the logic of a judge and in accordance with the Acts, a decision is taken. He also said that the concept of religion can not be used with the concept of state law. Hamdan also agreed to this, since Indonesia is a multi-cultural country and consists of different religions, the law of religious morality can not be applied.

At the end of the seminar, Gayus hoped that in the future, law can evolve with time to a point where there might be a possibility that death penalty is not the only way. He advocated for a broader look at the future and to see the theory of restorative justice as a theory that could be developed for this country. (ca)

Topane Gayus Lumbuun, Supreme Court Judge and Hamdan Zoelya, Former Chairman of the Constitutional Court presenting the national seminar moderated by Jamin Ginting, UPH Faculty of Law?s Pusaka Chairman

Souvenir handover from Prof Bintan R Saragin, Dean of UPH Faculty of Law, to Hamdan Zoelya, Former Chairman of the Constitutional Court

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