By: Wira Arif Budiman, Postgraduate Student of International Relation UI

 Since the last few decades, Indonesia has been in a state of emergency on narcotic drugs. Dealers and drugs addicts tend to increase every year. The drugs have ruined not only the physical but also the morale of the young generation. The danger of the drugs has become a very sensitive issue not only among the stake holder, but also the community.

Nowadays, the drugs trafficking have no boundaries. The drugsdealeris not only at national level but also international. The drugs that come to Indonesia enter from land, sea and air.

Commitment ofdrugs eradication in Indonesia was very low by the end of 2009. It could be proved by the weak of law enforcement and the verdict was too "soft" on the drugs dealers. It made them unafraid to what they did. Instead in some cases, it was found that somedrugsdealerscould run their business behind the jail.

As mentioned above, the drugs traffickinghas reached international level and become the world's attention. To address this problem, the United Nations has carried out several conventions including the Single Convention on Narcotic Drugsof 1961. This convention was followed by 73 countries and produced three recommendations; one of them wasdoing allnecessaryefforts to combat the spread of drugs. The result of the convention was thenamended by the 1972 Protocol.

The Convention in 1961was followed up in the Convention on Psychotropic Substances, held in Vienna from January 11 to February 21, 1971, followed by 71 countries, plus four countries as observers. The Convention was intended to control LSD (Lysergic Acid Diethylamide), MDMA (Methylenedioxy-Methamphetamine), and a variety of psychoactive pharmaceuticals.

After that, the UN was also having further Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 as a reaction caused by the high concern on increased production, abuse of demand and illicit trafficking, as well as the fact that children and adolescents wastargeted as user market in illicit narcotics and psychotropic substances, as targets for production, distribution, and trading of narcotic drugs and psychotropic substances. The convention was attended by 106 countries, including Indonesia.

The results of those Conventions were then ratified by Indonesia. The first was the ratification of the Convention of 1961 which amended by the 1972 Protocol and Convention of 1971 in Law No. 8 of 1976. The second was the ratification of the Convention of 1988 in Law No. 7 of 1997.

When Joko Widodo (mostly known as Jokowi) was elected and sworn as the President of Republic Indonesia on October 2014, the drums of war and the maximum penalty for drugsdealersis adopted; the death penalty. The President’s commitment refers to one of NAWA CITA, to reform the system and law enforcement, including the eradication of drugs. Since the first day served as President until October 2016, President Jokowi remain consistent and fully support the implementation of the death penalty to combat drugs trafficking in accordance with applicable law in Indonesia and international law.

On the other hand, the practice of the death penalty have come under criticism by several groups from bothdomestic and foreigncountry who say that the death penalty is a form of degrading punishment and is contrary to human rights. The argument has endorsed many countries to abolish the death penalty in its criminal justice system.

However, according to Article 1, paragraph 3 of the 1945 Constitution, Indonesia is a country of law. 1945 Constitution is the highest act; therefore there should be no law or legal product which goes against it. The Constitution is our representationthat shapes the identity and interests of the Indonesian people. It is then binding on all Indonesian citizens or those foreign people who enter or live in Indonesia.

Narcotic drugs are illegal thing and the circulation is contrary to law. It refers to Article 60 of Act No. 5 of 1997 and Act No. 35 of 2009 on narcotics. Therefore, whoever does the activity of drugs trafficking or distributing it will be subject to criminal sanctions in accordance with the provisions of applicable law.

According to Act No. 35 of 2009 Article 114 paragraph 2 states that the seller, buyer, intermediary or recipient of drugs could be sentenced to a maximum punishment and that is the death penalty. This is in accordance with international law which refers to the UN conventions on narcotics which have been ratified by Indonesia. The results of the Convention states that the drugs trafficking is a serious crime; therefore, it need to be handled in a serious way.

Based on statistic, the national prevalence rate of drugs users reached 1.9% of the population in 2008. Three years later, in 2011, it increased up to 2.23%. Then in 2014, it decreased to 2.18%, but the numbers rose up again about 0.2% or become 2.20% in 2015. For those who contra with the death penalty, they use this chance to say that the death penalty is not an effective way to combat drugs trafficking. In fact, there are at least two factors that makes the drugs users was increased in 2015. The first is because the drugs users do not really aware to do the treatment and the second is because the rehabilitation places are limited. However, since the penalty is implemented, the increase of drugs users is only 0.2% than before. It means that the government has successfully pushed down the drugs users overall.       

Finally, there are still many things to be done by the government regarding with this matter, especially certain institutions who deal with it. First, Indonesian National Police and Indonesian National Army should do more surveillance in the border areas that prone to drugs smuggling. Second, National Anti-Narcotics Agency should do more massive act to prevent and combat drugs abuse. In addition, the service to the social rehabilitation of drugs addicts should also be improved by coordinating with Ministry of Health. Third, Ministry of Foreign Affairs should always keep to voice out to the international world that the death penalty conducted by Indonesia toward drugs dealers is not going against international law and it is the sovereignty of Indonesia in the field of law. Fourth and the last, those institutions should always be committed and cooperate each other to prevent and combat againstdrugs trafficking in Indonesia.