Death Penalty for The Narcotics Traffickers in Article 114 Verse (2) And Article 119 Verse (2) Law Number 35 Of 2009
Concerning Narcotics in The Perspectives of Human Rights Perspective and Islamic Law
Fachri Wahyudi1*, Yusdani1
1 Faculty of Islamic Science, Islamic University of Indonesia, Special Region Yogyakarta, Indonesia
*Corresponding Author: [email protected]
Accepted: 15 February 2021 | Published: 1 March 2021
__________________________________________________________________________________________
Abstract: It is noted that death penalty has been existed and used for so long and mostly becomes a controversy. Today, death penalty in Indonesia is still applied in any laws about the special crimes, one of which is about narcotics. This is backgrounded from the long history of narcotic distribution in Indonesia started from the Dutch Colonial that still legalized it to the today independent era that illegalizes it considering its alarming impacts. Certainly, it emerges a controversy such as the death penalty not in line with human rights, but the state on the other side must fight against the narcotics. The main problems studied here are the death penalty towards the narcotics traffickers in Article 114 Verse (2) and Article 119 Verse (2) Law Number 35 of 2009 on Narcotics and the perspective of Human Rights and Islamic Laws on the death penalty to the narcotics traffickers. This is a normative legal research using the study used the statutory and philosophical approach. The results of this research showed that death penalty is one of the punishments with the heaviest crime against narcotics traffickers, as regulated in Article 114 verse (2) and Article 119 verse (2) of Law Number 35 of 2009 concerning Narcotics, despite the controversy regarding the death penalty against narcotics traffickers related to the violated human rights. However, if it is explored in depth both from the perspectives of human rights and Islamic law, narcotics trafficking is a very dangerous and detrimental crime; even this crime violates human rights and is included in heavy human rights violations and not in line with Islamic law. The death penalty applied to narcotics traffickers basically is not against both human rights and Islamic law.
Keywords: Death Penalty, Narcotics Traffickers, Human Rights, Islamic Law
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1. Introduction
It is noted that death penalty has been existed and used for so long, arguably as old as human age (Lon, 2020). In Islam, the death penalty is known as qisha>sh, criminal crimes in Islam are divided into several types. First, the criminal hudu>d consisting of adultery, accusing the person of adultery (qadzaf), drinking wine (syurb al-khamr), robbing, damaging, making a fuss, apostasy, and rebellion. The second is the criminal qisha>s}h and diyat, in this case, both intentional murder, murder like intentional, and accidental killing are included in this criminal.
While the third is the criminal ta'zir, this is a crime that is not included in the previous two types of criminal because it is not formulated definitively, but both the type, sanctions, and the implementation of the punishment are handed over to the authorities (Harefa, 2019).
Until now, the death penalty in Indonesia is still applied to several criminal acts, especially some special crimes that are categorized as very dangerous, among these special crimes are narcotics crimes. Narcotics in Indonesia becomes a special crime because the impact of this crime is very large, and has a long history in Indonesia. It is known that narcotics have existed since the Dutch colonialism in Indonesia and obtained a license in their use, in those days has been popular the use of narcotics types of opium that are often used by the Chinese. The Dutch at that time also allowed certain places to be used as a place to suck opium (Faturachman, 2020). After Indonesia's independence, narcotics were banned and the government was more serious about eradicating narcotics crimes in Indonesia. The flag of the war on narcotics was flown by the Indonesian state by making various efforts to fight narcotics crimes, various rules were issued, one of which is Law No. 35 of 2009 on Narcotics by including the death penalty as the toughest punishment for narcotics criminals, especially for narcotics traffickers contained in article 114 paragraph (2) and article 119 paragraph (2).
In addition to being the heaviest punishment, it turns out that until now the death penalty has been the most debated punishment by legal experts, and criminologists. This is because of the deaths resulting from the death penalty. Those who reject the death penalty argue that this punishment violates human rights (hereinafter referred to as human rights) especially the right to life (Rukman, 2016).
This is becoming one problem itself, considering that on the one hand, the country has to fight against narcotics, which has become such a big problem that Indonesia has been categorized as a narcotics emergency and saved the Indonesian people from the trafficking of narcotics that have been widespread to all levels of society, plus that the amount of public support for narcotics traffickers in the given death penalty. But on the other hand, human rights agencies and other countries continue to oppose the application of the death penalty for narcotics traffickers based on violating human rights, especially the right to life.
In this study will be discussed about the death penalty for narcotics traffickers in article 114 verse (2) and article 119 verse (2) Law No. 35 of 2009 Concerning Narcotics with a review from two perspectives, namely human rights and Islamic law. This is important to review considering that the death penalty is closely related to a person's right to life, in addition to looking deeply at whether or not the death penalty is appropriate for narcotics traffickers if it is reviewed from human rights and Islamic law.
2. Literature Review
Previous research studies that became a reference in this study include research with the title
“Effectiveness of The Death Penalty In the Process of Law Enforcement Narcotics Crimes” by Atet Sumanto. This study discusses how effective of the death penalty in the enforcement of narcotics crimes law. This study concludes that the death penalty for narcotics convicts is still applied punishment imposed in Indonesia because imprisonment has not been able to provide a deterrent effect and even makes prison a place to control narcotics circulation in Indonesia by narcotics inmates (Sumanto, 2017).
The next research is a study titled “Narcotics Crime As Transnational Organized Crime” by Roni Gunawan Raja Gukguk and Nyoman Serikat Putra Jaya. his study discusses how the development of narcotics is one of the transnational crimes in Indonesia. This study concluded that narcotics crime which is a transnational crime is now a major scourge because this crime
becomes a highly organized cross-border crime, so it takes serious treatment from the state to be able to eradicate it (Gukguk & Jaya, 2019).
The research article entitled “Application of The Death Penalty Perspective of Islamic Law in Indonesia” by M. Rizal. This study aims to find out the view of Islamic law on the death penalty in Indonesia, with normative juridical methods, the research concluding that the existence of the death penalty in Indonesia is maintained to respect the existence of the life of all people and countries, this is in accordance with Islamic law because it both adheres to the principle of remidium ultimun (Rizal, 2015).
The last research is a study titled “Critical Study of the Implementation of the Death Penalty within the Framework of the State law in Indonesia” by Kurnisar. This study discusses the implementation of the death penalty within the framework of the state of law in Indonesia, using descriptive methods, the results of this study stated that the death penalty is essentially the state taking away the right to life of a person so as to conflict with human rights, but can be justified as long as the reason for to defending the human rights of other citizens whose scope is wider (2017).
3. Methodology
The type of research used in this research is normative legal research. A normative legal research is legal research that places the law as a building norm system. The intended norm system is about the principles, norms, rules, legislation, decisions, covenants, and doctrines (doctrines). The type of research used is library research (literature research related to research objects), including books, journals, and so on that contains the material discussed in this research. The approach, used in this research is the statute approach and philosophical approach. The statute approach is carried out by studying the rule of law relating to Law No.
35 of 2009 Concerning Narcotics, while the philosophical approach is carried out by looking at the basic values of Islamic and Human Rights law concerning the Death Penalty for narcotics traffickers.
4. Analysis and Discussion
Implementation article 114 verse (2) and article 119 verse (2) Law No. 35 of 2009 Concerning Narcotics
As the largest archipelago (17,508 islands), which have the longest coastlines and borders, plus geographically located between two continents, namely Asia, Australia and the Indonesian Ocean, certainly makes Indonesia a “Destination Country” of illegal drug trafficking and becomes the target country of Asia's largest opium producer (Herindrasti, 2018).
Every year in March, POLRI (National Police of the Republic of Indonesia) and BNN (National Narcotics Agency) release data on cases and suspects of drug crimes in the territory of Indonesia. From the last 3 years, the number of cases and suspects of drug crimes continues to increase, in 2019 there were 40,506 drug cases of various types, from this number of cases POLRI and BNN managed to secure as many as 52,709 suspects. With evidence of narcotics seized as follows: (2020)
Table 1: The number of narcotics seized by the National Police and BNN in 2019
No. Types of Narcotics Tablets Grams Stem
1 Sabu/Metamfetamina 17.928.345,79
2 Ectasy 1.537.805,50 142.717,83
3 PCC/Carisoprodol 1.657.208,00
4 Marijuana Synthesis 17.534,79
5 Heroin 23.885,64
6 Dimetiltriptamina 212
7 Cathinone 134.480
8 PMMA 35,30
9 Tenamfetamina 52,02
10 (Marijuana) Cannabis:
- Marijuana Tree - Marijuana Leaves - Marijuana Seeds
11.472.173,82 31,17
350.868,00
From the data, it appears that Sabu/metamfetamina narcotics are the most successfully confiscated by the National Police and BNN during 2019 with the total seized is 17,928,345.79 grams, this is certainly not included with suspects and the number of drugs of various types that escaped arrest and successfully circulated throughout Indonesia.
Law number 35 of 2009 concerning narcotics was passed on October 12, 2009. Contains 155 articles that comprehensively discuss the classification of types of drugs, preventive and repressive enforcement, judicial process, sanctions, rehabilitation for drug addicts, as well as on criminal provisions for narcotics traffickers that can be subject to imprisonment ranging from 5 years for the lightest to the most severe is the death penalty.
The death penalty against narcotics traffickers is outlined in article 114 verse (2) and article 119 verse (2). In article 114 verse (2) it is explained that:
In the case of deeds offer to sell, sell, buy, be an intermediary in buying and selling, exchanging, handing over, or receiving Class I Narcotics as referred to in verse (1) which in the form of plants weighing more than 1 (one) kilogram or exceeding 5 (five) tree trunks or in the form of non-plants weighing 5 (five) grams, the offender is sentenced to death, life imprisonment, or imprisonment of at least 6 (six) years and a maximum of 20 (twenty) years, and the maximum fine as referred to in verse (1) plus 1/3 (one third).
In the article above it is explained that narcotics traffickers can be sentenced to death if they have class I narcotics in the form of plants weighing more than 1 (one) kilogram or exceeding 5 (five) tree trunks or in the form of non-plants weighing 5 (five) grams. Regarding the classification of narcotics is always updated based on the development of narcotics that exist through the Regulation of the Minister of Health (Permenkes), for this is explained in the Regulation of the Minister of Health of the Republic of Indonesia Number 22 of 2020 concerning Changes in Narcotics Classification. in this case for class I narcotics include:
1) Plant Papaver Somniverum L or commonly referred to as opium plants and all parts including fruit and straw except the seeds;
2) Raw opium is a sap that freezes itself from the tree Papaver Somniverum L or Opium with or without undergoing processing just for wrapping and transport regardless of morphine levels;
3) Raw cocaine, and all the results obtained from the leaves of cocain that can be processed directly to obtain cocaine;
4) (Marijuana) Cannabis plants, all plants of the genus cannabis and all parts of the plant including seeds, fruit, straw, processed cannabis plants or parts of cannabis plants including cannabis resin and hasis;
5) Narcotic synthesis or narcotics obtained from complex processing, as well as semi- synthetic narcotics obtained from the processing of the main ingredients in the form of natural narcotics that are then isolated, are 174 types of synthetic narcotics included in Group I, including types of amphetamines, methadone, and deksamfetamin, while for semi- synthetic narcotics in class I including Sabu/metamfetamina, heroin and morphine, and other types
Previously it was explained in article 8 that for class I narcotics is a type of narcotic that is highly discouraged to use in the health sector given the potential for very high dependence such as opium, marijuana, heroin, and others. It can only be used for the purposes of developing science, reagents (chemical reagents that are used to cause predetermined chemical reactions, usually used to test blood), and laboratories. The use of class I narcotics is very limited and must obtain approval from the Minister of Health on the recommendation of the Head of BPOM (The National of Drug and Food Control).
Meanwhile, narcotics traffickers are also sentenced to death if proven to be Class II Narcotics Traffickers, which is included in article 119 verse (2) which reads:
In the case of offering to sell, sell, buy, receive, be an intermediary in the sale, exchange, or surrender of Class II Narcotics as referred to in verse (1) weighing more than 5 (five) grams, the offender shall be sentenced to death, life imprisonment, or imprisonment of at least 5 (five) years and a maximum of 20 (twenty) years and the maximum fine as referred to in verse (1) plus 1/3 (one-third).
In the above article, it is explained that narcotics traffickers can be sentenced to death if they have class II narcotics in a non-plant form weighing more than 5 (five) grams. Regarding class II narcotics is also explained in the Regulation of the Minister of Health of the Republic of Indonesia Number 22 of 2020 concerning Changes in Narcotics Classification. in this case for class II narcotics include:
1) Morphine is raw opium or opium that is processed and is an alkaloida contained in opium in the form of white powder;
2) Methadone is a synthetic opioida that has a longer working power and is more effective than morphine;
3) Petidin, is an analgesic drug class of opioids that serves as a pain treatment;
4) Fentanil, also a group of opioids that serve as painkillers; and, 97 other types of derivatives.
This class II narcotic is a type of narcotic that is useful in the world of health as a drug.
However, this type is only a last resort with limited and very strict terms of use, since this type of narcotic has a very strong dependency power. This narcotic is also used in the development of science and technology.
Of course, the law-making body submits fully the decision regarding the criminal prosecution of narcotics traffickers to the law enforcer who are at a lower level, in establishing the size, nature, or duration of the criminal perpetrators of these narcotics traffickers and hopefully the perpetrators of narcotics traffickers are threatened with high and severe criminality with the possibility of defendants narcotics traffickers sentenced to death as the maximum criminal set out in article 114 verse (2) and article 119 verse (2) of the Narcotics Act. Considering narcotics
crime is a special crime that has been categorized as an extraordinary crime that becomes a threat to destroy generations of the nation in addition to causing harm to the state of Indonesia.
Narcotics traffickers who have been sentenced to death by the courts in the general judicial environment, and have permanent legal force, can still make legal efforts, namely filing a PK (Review) and applying for clemency to the president. The application for clemency is an effort made by a convict who has obtained a court ruling that is permanently suspended, in this case, those sentenced to death, life imprisonment, or imprisonment of at least 2 (two) years, and can only be filed 1 (one) time, as stipulated in article 2 of Law No. 5 of 2010 concerning Clemency.
If clemency is granted by the president, then the penalty for the criminal who ensnares narcotics traffickers may be lost, but if the clemency application is rejected by the president then the criminal who ensnares narcotics traffickers continues to run according to the decision that has permanent legal force. Clemency is one of the five rights that presidents have in the judiciary whose existence cannot be interfered with by anyone. Death row narcotics cases that already to submit clemency but rejected by the president, next are only waiting for the scheduled execution time by the attorney general, and the execution of death for narcotics traffickers will follow the procedures for the implementation of the death penalty as stipulated in Law No. 2 of 1964 concerning the Procedures for the Implementation of The Death Penalty Imposed by the Court in the General And Military Judicial Environment (Law No. 2/PNPS/1964) namely by being shot dead.
Human Rights Views On Death Penalty For Narcotics Traffickers
Since Indonesia achieve goals its independence as an independent state, there has been an agreement between the founding fathers that the state of Indonesia is a country based on law and upholds human rights. The seriousness of the state in protecting and upholding human rights is evidenced by the ratification of various written laws containing human rights (Triwahyuningsih, 2018).
This seriousness can also be seen when the Indonesian government ratified and adopted international human rights instruments related to the protection of human rights, one of which ratified the International Covenant On Civil And Political Rights (ICCPR) into Law No. 12 of 2005 concerning the Ratification of the International Covenant On Civil And Political Rights, and ratified the International Covenant On Economic, Social, And Cultural Rights (ICSECR) became Law No. 11 of 2005 concerning the Ratification of the International Covenant On Economic, Social, And Cultural Rights (Hutapea, 2017).
However, in positive law, Indonesia still recognizes the existence of death penalty sanctions.
As stated in the Criminal Code in Chapter II concerning criminal, it is explained in article 10 that various forms of criminal consist of basic criminal and additional criminal. The death penalty to include in the type of principal criminal that ranks first. This has led to rejection from various circles regarding the death penalty and has become a debate until now. Relating to the death penalty for narcotics traffickers in Indonesia which is threatened in Law No. 35 of 2009 concerning Narcotics, if narcotics traffickers are protected, where narcotics traffickers must be guaranteed their right to life in accordance with article 28 I verse (1) of the 1945 Constitution which reads:
"The right to life, the right not to be tortured, the right to freedom of mind and conscience, the right not to be enslaved, the right to be recognized as a person before the law, and the right not to be prosecuted on the basis of recede law are human rights that cannot be reduced under any circumstances".
Narcotics traffickers also have the right to be free from enforced disappearances and life disappearances in accordance with article 33 verse (2) of Law No. 39 of 1999 concerning Human Rights and narcotics traffickers have the right to life inherent in itself where this right must be protected by law, so no one can be arbitrarily deprived of his life rights in accordance with article 6 verse (1) of the International Covenant On Civil And Political Rights (ICCPR), hence this is a fatal mistake. Considering the crimes they have committed by distributing narcotics to Indonesian territory illegally, causing the number of Indonesians to become users of narcotics in various types that result in the emergence of health problems ranging from psychiatric disorders, tuberculosis, diseases of the liver organs, stroke, heart disease, hepatitis C, and sexually transmitted diseases and HIV / AIDS (2020).
Besides, as a result of the illicit trafficking of narcotics has caused many deaths, BNN mentioned that 50 people in Indonesia die every day from drugs. If narcotics traffickers stay protected by a human right, then it is conceivable that many great criminals can freely roam the community while spreading their crimes as well as trying to save themselves by referring to human rights, so that the principle of the right to life can become inhumane and even become enemies of humanity itself.
Ultimately, there needs to be an understanding that the right to life does not apply unconditionally to people under all conditions, and there are exceptions to these rules and principles. First, regarding human rights contained in Article 28 I verse (1) of the 1945 Constitution there are exceptions, namely Article 28 J verse (2) of the 1945 Constitution which reads:
"In exercise their rights and freedoms, everyone shall be subject to the restrictions established by law solely in order to ensure the recognition and respect for the right to freedom of others and to meet fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society."
Second, there is also an exception to article 6 verse (1) of the International Covenant On Civil And Political Rights (ICCPR), namely in article 6 verse (2) which reads:
"In countries that have not abolished the death penalty, the death penalty can only be imposed on some of the most serious crimes in accordance with the law in force at the time of the crime, and is not contrary to the provisions of the Covenant and Convention on the Prevention and Law of Genocide Crimes. The death penalty can only be carried out on the basis of a final decision handed down by an authorized court".
In article 6 verse (2) clearly states that the death penalty can still, but be carried out only for certain cases or crimes of a very serious nature. This is reinforced by various International documents governing the guidelines for the implementation of the death penalty including a Resolution issued by the ECOSOC (United Nations Economic and Social Council) which issued the UN ECOSOC Resolution 1984/50 jo. The 1996/15 resolution governing The Safeguards Guaranteeing Protection Of The Rights Of Those Facing The Death Penalty, as well as in the resolution of the Commission of Human Rights (UN Human Rights Commission) 1996/61 there is still an affirmation that the death penalty should not be imposed except for
"the most serious crimes" with certain restrictions (Arief, 2012).
Therefore, the death penalty for narcotics traffickers is essentially not a violation of human rights, because are exceptions. Besides, Indonesia is also bound by the international convention on narcotics and psychotropics which has also been ratified into narcotics law, so Indonesia
must protect the country from the threat of narcotics illicit trafficking both in the national and international spheres. By using effective and maximum penalties to prevent the spread of narcotics in Indonesia, of course, this does not violate any international treaties, including not violating the International Convention on Civil and Political Rights (ICCPR) (Rukman, 2016).
Regarding narcotics traffickers who have committed a criminal act, where the consequences caused after distributing narcotics to the territory of Indonesia, causing the number of Indonesians to become narcotics users in various types that result in the emergence of health problems ranging from psychiatric disorders even to death, and if seen from the human rights side, then narcotics traffickers has violated human rights itself. narcotics traffickers has violated article 1 number 6 of Law No. 39 of 1999 concerning Human Rights which reads:
"Violation of human rights is any act of a person or group of people including state officials whether intentional or unintentional or negligence, limiting, and or revoking the human rights of a person or group of people guaranteed by this Law, and not obtaining, or fearing will not obtain a fair and correct legal settlement, based on the prevailing legal mechanisms."
Surely it is very wrong if narcotics traffickers are protected by human rights, which the actions and consequences that have been done also violate human rights itself. So that narcotics traffickers who have committed crimes that threaten the lives of many people should get a punishment by the applicable rules, without the need to obtain protection and release of all laws on human rights grounds.
Islamic Law's View on The Death Penalty For Narcotics Traffickers
Although the discussion about narcotics both naturally, synthesis and semi-synthesis, the discussion in particular is not mentioned in the existing Nas (al-Quran and Hadis). But the scholar and fuqaha agreed that narcotics are likened to Khamar because it has similarities in terms of equally intoxicating effects and abusing narcotics is haram. The agreement of scholar and fuqaha on narcotics is punished the same as khamar, according to Ibn Taimiyah and Ahmad al-Hasary explained that if there is no legal status on a problem in this case narcotics, then the scholars usually solve it using the method of legal analogy (qiyas) (Irfan, 2013).
Regarding the criminality in Islamic law, hudu>d is a jar>imah that is threatened with a had penalty, which is a predetermined punishment syara' and is a right of Allah that can not be abolished either by individuals who are victims themselves or by the community representing state institutions, essentially this punishment can not was sued (Muslich, 2005).
One of the things included in the jar>imah hudu>d is about the Jari>mah syurb al-khamr (the crime of drinking intoxicating drinks) which has been mentioned about the sanction of his had, in a hadith narrated from Ali r.a that:
ِرْمَْلْا ِفِ َمهلَسَو ِهْيَلَع ُهللَّا ىهلَص ِهللَّا ُلوُسَر َدَلَج َلاَق ُهْنَع ُهللَّا َيِضَر ٍّ يِلَع ْنَع َينِناََثَ ُرَمُع اَهَلهمَكَو َينِعَبْرَأ ٍّرْكَبوُبَأَو
ةهنُس ٌّلُكَو
"From Ali r.a., he said, the Prophet Muhammad hit the perpetrators jarimah syurb al-khamr as much 40 times, as well as Abu Bakr and Umar, perfected it to 80 times. Both are sunnah".
(HR. Abu Dawud) (al-’Azadi, t.t).
Regarding narcotics crimes, of course, if the sanctions imposed on narcotics traffickers are the same as the perpetrators of the jar>imah syurb al-khamr as much 80 times of course this is very unfortunate, considering the role of narcotics traffickers in damaging the young generation
of the nation is very large, the state is very harmed by this crime so it needs to be considered again in terms of another perspectives, namely through ta’zir.
This jar>imah is a crime that is not included in hudu>d and qis}ha>s}, because this form of punishment is given authority to the judge's policy, because Islamic law does not determine the kinds of punishment for the crime of ta’zir, but only mentions a set of punishments and their levels ranging from the lightest to the most severe (Abdullah, 2018). Although not included in the hudu>d punishment does not mean that it should not be severe or harsh punishment from exceeding the sentence hudu>d, maybe even worse, the punishment in ta’zir includes among them the death penalty (Abdullah, 2018). Although there is still debate among scholars about ta'zir in the form of the death penalty.
The reason for the ability to enforce the punishment ta'zir with the death penalty is the element of harming the interests of public order, there are two things that must be met, namely the crime is committed repeatedly by the perpetrator, so it seems that there is no good intention of the perpetrator to repent for the crime he committed. In addition, according to Wahbah Al-Zuhayli who cited the opinions of jurists Hanafi and Maliki sect explained that the death penalty is given to all forms of crime that cannot be stopped, except with the death penalty, in addition to the broad benefit to the community, the death penalty is also carried out so that the public does not exemplify the act (Tarigan, 2017).
Of course, if seen from narcotics crime which is a very organized crime, there is the role of traffickers who participates in the distribution of narcotics in the territory of Indonesia, so that it has a very dangerous impact on the lives of many people. Worse, many of the perpetrators of narcotics crimes who in prison are still able to control narcotics trafficking even though they are in prison. So that it can be concluded that the two conditions above have been met so that if the to based on these two conditions the perpetrators of narcotics crimes can be put to death in ta’zir.
Regarding this, the policy of ta'zir punishment taken by the Indonesian government against narcotics abuse is considered appropriate, considering that narcotics abuse is an act that has a huge adverse impact, and certainly poses a serious threat to Indonesian people, even narcotics crimes have been categorized as extraordinary crimes that can threaten humanity and create damage on the face of the earth.
Regarding Law No. 35 of 2009 Concerning Narcotics which contains the death penalty against narcotics traffickers contained in article 114 verse (2) and Article 119 verse (2), although this law is not based on Islamic law, it turns out that the death penalty as one of the types of criminal that is threatened and becomes the heaviest punishment imposed against narcotics traffickers in principle in accordance with the by Islamic law, considering that in Islam it is strictly forbidden for any Muslim to commit crimes that can damage or even eliminate other human lives, and the consequences resulting from the illicit trafficking of narcotics are very bad for humans themselves, not only one or two people are affected but have adversely affected the benefit of the Indonesian people.
4. Conclusion
From the research that has been done by the author, it can be concluded that. The death penalty against narcotics traffickers is regulated in Law No. 35 of 2009 Concerning Narcotics technically contained in article 114 verse (2) and article 119 verse (2). Threatened with the
death penalty as one of the types of crimes contained in these articles and became the heaviest criminal. Regarding the types of narcotics classified in class I and class II narcotics are further regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 22 of 2020 concerning Changes in Narcotics Classification.
Based on research in terms of human rights and Islamic law, narcotics traffickers who are included in narcotics crimes are a crime that is very dangerous and detrimental even this crime has violated human rights itself and included in gross human rights violations and contrary to Islamic law, where the impacts caused in terms of health causes psychiatric disorders even to death that clearly violates and eliminates the human rights of other individuals. Surely the death penalty applied to narcotics traffickers is essentially not contrary to human rights or Islamic law.
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