L

em>Last month, President Susilo Bambang Yudhoyono confirmed that two drug convicts on death row had been granted clemency — which led to an uproar, as he had pledged in 2006 that drug convicts did not deserve clemency. Meanwhile, the state’s recognition of capital punishment has been a primary constraint in lobbying efforts for the 197 Indonesian nationals currently on death row in various countries. The Jakarta Post’s Nani Afrida reports on the controversy.

Joshua Kevin Deegan, 22, was among the young Australian soccer players killed in the 2002 Bali bombings. Australians called for the bombers’ heads, though their courts had abolished the death penalty decades ago. However, Joshua’s father, a barrister, called for a life sentence to “dis-empower” the criminals, instead of setting them up as martyrs.

“I see that no good will come from their execution. I see only harm. The cycle of distrust, bordering on hatred, between Muslims and Christians spins at an ever increasing rate,” Brian Deegan wrote in a 2006 letter to authorities.

“There are many more men and women ready, willing and able to replace those that have been condemned. These men will be seen as martyrs and so the cycle will continue.

“I have three younger children and I wish for them to enjoy all the fruits of life, free of hatred, free of ignorance, free from bitterness and free from fear,” said the letter as reprinted on the website of Amnesty International.

Mahendradatta, a lawyer for suspected terrorists, says the death sentence should remain the last resort for cases like corruption and drug abuse.

However, he says that it is not an effective deterrent for terrorists, as they seek martyrdom and divine rewards, as in the case of the executed Bali bombers.

Imam Samudra, Amrozi and Mukhlas never sought clemency from the President once their appeals were rejected by the Supreme Court. They even reportedly refused to be blindfolded in front of the
firing squad.

As with other nations, Indonesia is divided over capital punishment, though many support the death penalty, in part because Islam, the predominant religion in the country, recognizes capital punishment.

As of 2011, the Law and Human Rights Ministry’s director general of correctional facilities listed 115 convicts on death row, mostly for drug convictions.

Parents who have watched their children die because of drugs, or at the hand of suicide bombers, are among those who demand that the people responsible are given the death penalty.

Aidar Iskandar, a mother, said that she lost her son because of drugs.

“I wish all drug dealers would receive the death penalty. The decision [to keep them alive] hurts my feelings,” she said.

“I think Indonesia still needs this punishment, because criminals or drug dealers will not be deterred by a life sentence,” student Dedi Supardi said.

Human rights activists stand against the death sentence, saying the government has no right to take somebody’s life.

“Our laws are not perfect and sometimes the convict has undergone severe torture during interrogation. We must avoid punishing anyone who is innocent,” said Taufik Basari, a lawyer who is against capital punishment.

One famous case of the wrongful conviction of innocent people is that of Sengkon and Karta. The men were sentenced to seven and 12 years respectively for murdering Sulaiman and Siti Hayadi in Bojongsari village, Bekasi in 1974.

Sengkon and Karta spent behind bars for years before police caught the real murderers.

Taufik said wrongful convictions still occur, naturally with the largest risk posed to death row convicts.

Another prominent campaigner against capital punishment is lawyer Todung Mulya Lubis, who argues a life sentence should be the maximum penalty.

“Put perpetrators in prison and never grant them clemency or amnesty,” he told a discussion on
clemency for drug convicts.

Capital punishment was not effective here, he said, noting that terrorism was still rife despite the
execution of the Bali bombers.

Meanwhile, Harris Azhar from the independent Commission for Missing Persons and Victims of Violence (Kontras) said that death convicts often faced uncertain and lengthy periods of time before their execution.

“They must wait for years even though the legal process has concluded. This is unfair for them,” he said. The Law and Human Rights Ministry lists 45 convicts who have been on death row for almost 10 years, while around 12 have been waited for 20 years.

Earlier this year, Bahar bin Matar, a death row inmate charged with robbery, murder, rape and abduction, died at a hospital in Cilacap, Central Java. He had been held at the Nusakambangan Island prison for more than 40 years, following the delivery of his sentence in March, 1970.

In 2008, convicted murderers Sumiarsih and her son Sugeng were executed for killing a marine and four of his family members in 1988. The convicts had waited on death row for 20 years.