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Showing posts from February, 2011

THE CONSTITUTIONALITY OF CAPITAL PUNISHMENT FOR NARCOTICS CASES IN INDONESIA

By Luthfi Widago Eddyono

The Constitutional Court of the Republic of Indonesia on October 23, 2007 declared a decision in the case of petition for judicial review of Law Number 22 Year 1997 regarding Narcotics against the 1945 Constitution of the State of the Republic of Indonesia (the 1945 Constitution).

The petitioners filed a petition for judicial review of Article 80 Paragraph (1) Sub-Paragraph a, Paragraph (2) Sub-Paragraph a, and Paragraph (3) Sub-Paragraph a, Article 81 Paragraph (3) Sub-Paragraph a, and Article 82 Paragraph (1) Sub-Paragraph a, Paragraph (2) Sub-Paragraph a, and Paragraph (3) Sub-Paragraph a of Law Number 22 Year 1997 regarding Narcotics against 1945 Constitution of the State of the Republic of Indonesia. All of the aforementioned Articles of the Narcotics Law contain provisions regarding capital punishment, which according to the Petitioners are contrary to Article 28A and Article 28I Paragraph (1) of the 1945 Constitution that guarantee the right to life which…