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Capital punishment in Indonesia

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Capital punishment in Indonesia is restricted to 16 crimes. Though the death penalty existed as a punishment from the inception of the Republic of Indonesia, the first 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] Further executions are planned for 2015.[4] Oddly enough, Indonesia is well noted as "a strong advocate against the death penalty for its citizens abroad."[5]

Method

Prisoners (particularly those convicted of murder, terrorism or drug trafficking offences) spend a long time languishing in prison before their sentence is finally carried out. Usually their final appeal has been exhausted through the courts and President. Prisoners and their families are notified 72 hours in advance of their pending execution.[6] They are usually transferred to Nusa Kambangan island.[6] 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.[7]

Capital punishment is carried out in Indonesia by a firing squad. The prisoner blindfolded is led to a grassy area where they have an option to sit or stand.[7] The 12 armed executioners shoot the prisoner in the chest from a range of five to ten metres.[7] Only three fire live bullets and the rest fire blanks.[7] If the prisoner does not die, the Commander is required to issue a final bullet to the prisoner's head.[8]

Statutory Provisions

The following is a list of the criminal offenses that carry the death penalty in Indonesia:[9]

  • 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 defense 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 March 14, 2013.[10]

On May 17, 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.[11]

Executions in Indonesia in the Post-Suharto era:[12]

  • 2015: Ang Kiem Soei (Netherlands – Drug trafficking), Marco Archer Cardoso Moreira, 53 (Brazil – Drug trafficking), Daniel Enemuo 38 (Nigeria – Drug trafficking), Namaona Denis, 48 (Malawi – Drug trafficking), Rani Andriani (Indonesia – Drug trafficking), Tran Bich Hanh (Vietnam – Drug trafficking),[13] Andrew Chan (Australia – Drug trafficking), Myuran Sukumaran (Australia – Drug trafficking).[14]
  • 2014: None
  • 2013: Ademi (or Adami or Adam) Wilson alias Abu (Malawi – Drug trafficking), Suryadi Swabuana (Murder), Jurit bin Abdullah (Murder), Ibrahim bin Ujang (Murder)
  • 2012: None
  • 2011: None
  • 2010: None
  • 2009: None
  • 2008: Amrozi bin Nurhasyim (Terrorism), Imam Samudra (Terrorism), Huda bin Abdul Haq alias Mukhlas (Terrorism), Rio Alex Bulo alias Rio Martil (Murder), Tubagus Yusuf Maulana alias Usep (Murder), Sumiarsih (Murder), Sugeng (Murder), Ahmad Suradji (Murder), Samuel Iwuchukuwu Okoye (Nigeria – Narcotics), Hansen Anthony Nwaliosa (Nigeria - Narcotics)
  • 2007: Ayub Bulubili (Murder)
  • 2006: Fabianus Tibo (Murder), Marinus Riwu (Murder), Dominggus Dasilva (Murder)
  • 2005: Astini Sumiasih (Murder), Turmudi (Murder)
  • 2004: Ayodya Prasad Chaubey (India – Drug trafficking), Saelow Prasad (Thailand – Drug trafficking), Namsong Sirilak (Thailand – Drug trafficking)
  • 2003: None
  • 2002: None
  • 2001: Gerson Pande (Murder) and Fredrik Soru (Murder)
  • 2000: None
  • 1999: None

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, United Kingdom, India, Iran, Malawi, Malaysia, Netherlands, Nigeria, Pakistan, Philippines, Senegal, Sierra Leone, the United States, Vietnam, and Zimbabwe.[12]

Court Cases

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.[15] 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.

References

  1. ^ Hood, Roger (2003). The Death Penalty: A Worldwide Perspective. New York: Oxford University Press. p. 48. ISBN 978-0199251292.
  2. ^ http://www.academia.edu/8757829/Three_Coming_Legal_Challenges_to_Indonesia_s_Death_Penalty_Regime
  3. ^ Wall Street Journal: ndonesia Executes 6 Drug Convicts, Including 5 Foreigners
  4. ^ FAZ.net 17 january 2015
  5. ^ https://www.academia.edu/7092813/The_Future_of_the_Mandatory_Death_Penalty_in_Malaysia_and_Singapore_Asian_Values_and_Abolition_in_Comparative_Perspective_with_Implications_for_Indonesia
  6. ^ a b Emily Crane and Nelson Groom and Candace Sutton (2015-01-07). "Bali Nine drug smuggler could be given just 72 HOURS notice before he faces a firing squad after Indonesian President rejects his plea to be spared execution". Dailymail. Dailymail. Retrieved 2015-01-22.
  7. ^ a b c d Cormack, Lucy (2015-01-17). "Drug traffickers in Indonesia face firing squad of 12 in first executions of 2015". Sydney Morning Herald. Retrieved 2015-01-17.
  8. ^ "Indonesia widens use of executions". New York Times. 2008-07-11. Retrieved 2013-04-24.
  9. ^ KontraS, The Death Penalty (2006)[full citation needed]
  10. ^ "Indonesia executes first convict in four years". Jakarta Globe. 2013-03-15. Retrieved 2013-04-24.
  11. ^ "Indonesia steps up killing of death row prisoners". The Age. 2013-05-18. Retrieved 2013-05-30.
  12. ^ a b "The Death Penalty (Hukuman Mati)". Commission for the Disappeared and Victims of Violence (KontraS). 2013. Retrieved 2013-04-24.
  13. ^ Karmini, Niniek (18 January 2015). "Indonesia executes 6 drug convicts, including 5 foreigners". Yahoo News. AP. Retrieved 18 January 2015.
  14. ^ "'Bali Nine' Executed". CNN. 2015-04-29. Retrieved 2015-04-29.
  15. ^ "Decision No. 2-3/PUU-V/2007" (PDF). 2007-10-30. Retrieved 2013-05-30.
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