Indonesia - Narcotics Agency BNN Pans Death Penalty Reprieve

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Narcotics Agency BNN Pans Death Penalty Reprieve

The National Narcotics Agency on Friday aired its concern over the Supreme Court’s decision to revoke the death sentence of drug kingpin Hengky Gunawan, saying it could hamper the country’s fight against drugs.

“Without trying to interfere with the judges’ decision, we are deeply concerned with the ruling,” said Benny J. Mamonto, deputy on narcotics enforcement at the agency known as BNN.

“The ruling could send the wrong signal to smugglers, drug dealers and drug makers in Indonesia that they won’t face the death penalty, and even if they do they will see [their sentences] reduced.”

Hengky was arrested in Surabaya in 2006 on suspicion of involvement in the production and distribution of ecstasy pills.

A court in Surabaya sentenced him to 15 years in jail. An appeals court added three years to the sentence before the Supreme Court escalated the punishment, ruling that Hengky should be put to death.

However, the same court later canceled its own verdict after a demand for a case review and came back with a 15-year term.

The Supreme Court’s latest decision, rendered in August 2011, argued that “the death sentence is against Article 28, Point 1 of the 1945 State Constitution and Article 4 of Law 39 of 1999 on Human Rights.”

The decision was only disclosed by the court this week.

Ifdhal Kasim, chairman of the National Commission on Human Rights (Komnas HAM) aired his support for the court’s decision, calling it “a positive step toward Indonesia’s attempt to gradually erase the death penalty.”

Ifdhal argued that the death penalty is unconstitutional.

But Benny said drug trafficking should remain an offense worthy of capital punishment, arguing that the majority of countries around the world still view it as an extraordinary crime.

In Indonesia, “the material loss is around Rp 50 trillion per year [$5.2 billion],” he said, adding that the figure comes mostly from rehabilitation efforts to curb drug dependency as well as medical treatment for illnesses that stem from drug abuse.

“Right now there are 3.8 million to 4.2 million drug users [in Indonesia]. If we don’t tackle this together, it will damage our young generation on a massive scale,” the BNN deputy said.

The House of Representatives Commission III, which deals with legal affairs and justice, also plans to question the Supreme Court over their decision, one commission member said on Friday.

“The House Commission III will ask the Supreme Court about the matter,” Golkar Party lawmaker Bambang Soesatyo said. “I am also pushing the National Police and the anti-narcotics agency to take a stance soon, something that is important in maintaining morals in the field.”

The Indonesian Commission for Child Protection (KPAI) called the ruling a bad precedent in the effort to protect Indonesian children from illegal narcotics.

“The judges’ consideration is too short, taking the decision in the name of the criminal’s human rights but degrading the human rights of Indonesian children,” KPAI deputy chairman Asrorun Ni’am Sholeh said, as quoted by Antara news agency.

According to the BNN, Indonesia’s illicit drug trade has reached staggering levels, with the latest measurements putting the industry’s annual value at Rp 42.8 trillion.

http://www.thejakartaglobe.com/news/narcotics-agency-bnn-pans-death-penalty-reprieve/548528
 
Indonesia - Editorial: Battle Against Drugs Needs a United Front

Indonesia faces a long and hard battle against drugs. In recent months, the police have arrested several people who were allegedly trying to smuggle drugs into the country.

The nation’s war against drugs must be fought on all fronts. The police are at the forefront but schools, families and the judicial system must all play their part. Unless we have strong laws to deter the sale of drugs, it will be an uphill battle.

Currently, there are 3.8 million to 4.2 million drug users in Indonesia. If we fail to tackle this problem head on, this number will grow, putting at risk our youth and the future of this country. We must stop drug trafficking to prevent Indonesia from becoming a major market for drug dealers.

Against this background, the National Narcotics Agency (BNN) has aired concerns over the Supreme Court’s decision to revoke the death sentence against drug kingpin Hengky Gunawan, saying it could harm the country’s fight against drugs.

Hengky was arrested in Surabaya in May 2006 on suspicion of involvement in the large-scale production and distribution of ecstasy pills. He was found guilty of the charges and should have faced the death sentence but the court handed down a 15-year term instead on the grounds of human rights.

The ruling, the BNN said, could send the wrong signal to smugglers, drug dealers and drug makers in Indonesia that they won’t face the death penalty.

The Supreme Court’s latest decision argued that the death sentence is unconstitutional and breaches and the Law on Human Rights. The court is of course the final arbiter on such decisions and its judgement must be respected.

But as illustrated by the decision of the House of Representatives to summon the Supreme Court judges to explain their decision, this is a hot button issue. We must find the right balance between keeping our nation free from drugs and respecting human rights.

http://www.thejakartaglobe.com/edito...d-front/548540
 
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