Pemberlakuan Pidana Mati Terhadap Pengedar Narkotika oleh Warga Negera Asing Dilihat dalam Presektif Hak Asasi Manusia (Studi Putusan Nomor 38/PK.Pid.Sus/2011)

Abstract

The anti-death sentence movement in Indonesia itself clashed not only with the Criminal Code, but also with religious law especially Islam. Then the pros and cons of whether or not the execution of death was often shifted to the "fight" between the followers of Islam and human rights activists who mostly understand liberal. Be this fuss spread into various aspects of life, including social media. Worrying this debate has the potential to conflict in the community. the formulation of the problem in this thesis research is: How is the view of death penalty according to Human Rights ?, How is the criminal penalty against drug dealer according to the Law in Indonesia ?, How is the criminal law analyst against the imposition of capital punishment against the Narcotics dealer by Foreigner according to the Decision Supreme Court Number 38 / PK.Pid.Sus / 2011 ?. This research uses normative juridical method. Sources of data derived from secondary data, data analysis used is qualitative analysis with inductive thinking flow. In the view of Human Rights, the imposition of the death penalty is not against human rights, although there are pros and cons to the practice of capital punishment. The implementation of the selective, fair and decisive death sentence is the government's move to reduce and combat illicit drug trafficking in Medan City. Criminal detention of drug traffickers in Indonesia is threatened with death penalty, imprisonment, confinement and penalty. In practice the death penalty is committed to narcotics traffickers with an international network and with a large amount. Supreme Court Decision Number 38 / PK.Pid.Sus / 2011 its principles have provided certainty, justice and benefit for the people of Indonesia due to the obedience of international drug narcotics traffickers will provide marmah for other countries not to mess with Indonesian law.