ENGLISH SUBJECTS TASK
Created by: Bryan Marojahan Hutauruk
edited by: Hermin Hermione
INTRODUCTION
The
death penalty has been debated for a long time not only in Indonesia but also
in the world. The death penalty is considered to be implemented to perpetrators
with the aim to provide a deterrent effect both for themselves and for the
people who will commit crimes, for example is murderer. Minister of Justice and
Human Rights Patrialis approved the implementation of the death penalty for
convicted corruption and bribery. Judges should dare apply the penalty to make
the deterrent effect of the perpetrators (_____, 2010). Through the mechanism
of the death penalty, Corruption in China dropped dramatically, and China is
becoming one of the world's economic powers are recognized and respected by the
western countries (Nurcahyo, 2013). Counter group that opposes the death
penalty state that the death penalty should be abolished because it proved
unable to provide a deterrent effect for the culprit. It is in accordance
submitted by Jeffrey A. Fagan. Professor of Law and Public Health from Columbia
Law School, he argues that there is no scientific evidence that states the
death penalty a deterrent effect against perpetrators of crimes eg narcotics
(Ananda, 2013).
Regardless
of the pros and cons of death penalty practice for the accused crime, in
reality there are many countries in the world that still apply the death
penalty practice. Based on data from Amnesty International and Hands Off Cain
(September 2007), there are 55 countries in the world that still apply the
death penalty practice. These countries include, namely China, Indonesia, Iraq,
Japan, Saudi Arabia, Malaysia, United States (Badan Pekerja KontraS, 2007).
The
way of death penalty continues to change from time to time. John Laurence in A
History of Capital Punishment (1960) writes, in the seventh century BCE (BCE),
executions were carried out in a very cruel, as crucified, drowned in the sea,
burned alive, stoned to death (law stoning), impaled, and put in a bag of dog,
a rooster, a viper, and monkey. In the current era, such as the death penalty
is no longer applied. Legal death is still done by some countries in the world,
the law of beheading, hanging, lethal injection, electrocution, stoning, firing
(Nug, 2014).
China
is a communist country with the largest population in the world, with a
population of over 1.3 billion people. Corruption is the biggest threat to
China. Failure to stem corruption can cause the collapse of Chinese state.
Therefore, to maintain the integrity of the state needs to do the best efforts
in combating corruption. Chinese government's commitment to combating
corruption has been started since the time of Zhu Rongji (1998-2003). Prime
Minister Zhu Rongji expressed as the following statement: "To eradicate
CORRUPTION, I've prepared 100 coffins. 99 for the corrupt Officials and one for
myself, if I do the same.” (Nurcahyo, 2013). The Chinese government will be put
to death by hanging that government officials found guilty of corruption.
Indonesia
is among countries that apply the death penalty fairly high after China, Congo,
Saudi Arabia, and Iran. Impartial noted, in Indonesia there are currently 62
inmates who have been executed, is awaiting execution and the legal process,
consisting of 49 men and 13 women (Nug, 2014). Alkaf (2008) explains that the
death penalty in Indonesia is a hanging manner at Dutch times, but after the
Japanese came, the way of death penalty changes into penalty shot. This penalty
shot is applied by Indonesian government until now. The death penalty in
Indonesia is regulated by Law No. 2/Pnps/1964. The mechanism of death by
gunshot in Indonesia is convicted will be shot by a firing squad team
consisting of 14 people. The convicted could choose whether he wanted to be
blindfolded or not. The convicted also could serve a sentence in a standing
position, sitting or kneeling, depending on needs. Team shooters will shoot
right at the heart of the convicted with a range of at least 5 meters and a
maximum of 10 meters.
Unlike
Indonesia, the United States does not use a penalty shot. There are two types
of death penalty in the United States, namely the electric chair and lethal
injection. Convicted death penalty can choose their way to die. Is it through
an electric chair or lethal injection. Majority of convicted prefers lethal
injection from the electric chair (Ton, 2005).
Prison
administrator in Virginia Clyde Aderman said he had seen a dead defendant chose
the electric chair.
"It
was a heartbreaking sight."
Lethal
injection was first used in 1977 in Oklahoma, USA. This way were applied as an
alternative to the death penalty more humane because the court previously
always used the electric chair.
Anna
(2005) explains that the death penalty is carried out in the U.S. today are
still using three injections of the drug to get the effect of a short
anesthetic called thiopental,
paralytic brain called pencuroniumbromide,
and compound potassium chloride to
stop the heart rate. However, often the action of lethal injection does not run
efficiently. Some death row inmates should be dying for a few minutes before
his death. Some look very sick again.
More
recently, the United States replace substances of lethal injection with
anesthetic (Thiopental sodium) but
with a high dose. With this substance, the convicted will not feel pain, but
the difference he would not wake up again (die).
There
are several types of death penalty in Saudi Arabia, such as beheading, hanging
and stoning. Types of punishment in Saudi Arabia refers laws contained in the
Qur'an, for example thieves will cut his hand, murderer will be put to death.
Beheading
in Saudi Arabia is more often done, the convicted would cut off the head of his
body with a very sharp sword, but neck muscles and bones are very strong, often
the head is not directly break up with one swing of the sword. Beheaded
probably would be better if only one slash, but more cuts if the convicted did
not die immediately.
What
kind of death penalty in Malaysia? Type the death penalty in Malaysia is
similar to the laws in Saudi Arabia hanging and stoning. Stoning is the
punishment adulterers stoned to death with stones. The legal process is the
adulterers planted in the ground standing up to her chest and stoned to death.
Each
country has its own rules of death penalty mechanism for the citizens, for
example, the United States permitted the convicted death penalty to choose their
way to die, whether sitting in the electric chair or lethal injection.
While
in Saudi Arabia, the choice of the death penalty for the accused handed over to
the families of the victims are beheaded, hanged, or stoning. Beheading in
Saudi Arabia is more often done.
Unlike
the United States and Saudi Arabia, Indonesia's convicted death penalty can not
choose their way to die. This is because the type of the death penalty in Indonesia
is only one legal shot.
DISCUSSION
Based
on this phenomenon, we do not approve the if convicted death penalty can choose
their way to die . It would be better if the death penalty has been determined
by the government in the Act and the regulations clearly .
There
are several reasons why we did not approved the terms of the:
1.
Convicted death
penalty has been proven of a crime of murder. They do not have the right to
choose how they die just as they do not give their victim to choice of how to die.
Being very unfair if they go around killing his victims with sadistic way, but
he himself can choose their way to die. So should the government and the law
decides they will put to death any way. So it’s
better rules of death penalty set by the government clearly. It’s means fair.
2.
We believe that
the death penalty is chosen government is best that does not torture the
convicted. As well as being said by Alkaf (2008):
"The government has tought the
implementation of the death penalty is reasonable and not torture. Executive
officers was already clear and neutral."
The government is preparing the best
executor sniper team that will shoot on target in the heart of the convicted so
that the convicted would soon die without pain. As soon as the lethal injection,
the defendant will not feel the slightest pain .
For the executor, execute the convicted
to death is a tough job because the real life and death of a person is the right
God . If there is choice, then he will not execute. As a human, the executor
certainly do not want to torture the accused so that in the process of
execution, he will perform with speed and accuracy. Either way the death
penalty, the defendant will still die. We never/can choose to God by what we
die.
The United States government is also
seeking the death penalty is not torture, evident in December 2006, the
Governor of Florida-USA Jab Bush suspended all executions until it can be
proven method of lethal injection is really 'humane' (Badan Pekerja KontraS,
2007).
3.
Third reason is
to minimize controversy in the society. Indonesian society is a democratic
society, all citizens can freely voice channel through demonstrations, then in
the event of an unusual phenomenon in society would be a lot of controversy, so
it’s better rules of death penalty set by the government clearly, so all convicted
get the same punishment. It’s means fair.
4.
Fourth reason is
to avoid bargaining. Bargaining is human nature. Bargaining is one of social
interaction, the human will do bargaining if there is a chance (Alfin, 2010).
When it is given the opportunity to choose their way to die, then there is a
possibility he will bid for leniency be no death penalty. If legal negotiable,
then rich people will be happy. They will buy the judge 's decision to sentence
for crimes lighter weight. It’s better rules of death penalty set by the
government clearly.
CONCLUSION
Either
way the death penalty, the convicted will still die. We never/can choose to God
by what we die.
BIBLIOGRAPHY
_____. (2010). Hukuman Mati bagi Koruptor;
Contohlah Latvia dan China. Retrieved April 9th 2014. From: http://antikorupsi.org/en/content/hukuman-mati-bagi-koruptor-contohlah-latvia-dan-china.
Alfin, Achmad. (2010).
Media Belajar Sosiologi. Retrieved April
8th 2014. From: http://alfinnitihardjo.ohlog.com/interaksi-sosial.oh112676.html
Alkaf,
Yasir. (2008). Teknis Hukuman Mati di Indonesia. Retrieved April 8th 2014.
from: http://yasiralkaf.wordpress.com/2008/10/31/teknis-hukuman-mati-di-indonesia/.
Anna. (2009).
Cara Baru untuk Mati. Retrieved
April 8th 2014. from: http://kesehatan.kompas.com/read/2009/12/12/11173356%20/cara.baru.untuk.mati.
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KontraS. (2007). Praktek Hukuman Mati
Di Indonesia. Retrieved
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Dwi Pragasa Ananda. (2013).
Pro Kontra Hukuman Mati (Bahan Debat
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Nug. (2014). Hukuman Mati dan Keadilan Rakyat. Retrieved
April 9th 2014. From: http://www.unisosdem.org/article_detail.php?aid=1409&coid=3&caid=21&gid=1.
Nurcahyo, B.D. (2013).
Pemberantasan Korupsi di China dan Kemungkinan Penerapannya di
Indonesia. Retrieved
April 9th 2014. From: http://bdwinurcahyo.blogspot.com/2013/08/pemberantasan-korupsi-di-china-dan.html.
Ton. (2005). Robin
Lovitt Eksekusi Mati ke-1000 Pilih Suntik Racun dari pada Kursi Listrik. Retrieved April
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