Pancasila Philosophy's View on Capital Punishment for Narcotics and Psychotropic Crimes in Indonesia

Eko Supriadi, Syaiful Bakhri, Sultan .
2020 Saudi Journal of Humanities and Social Sciences  
Capital Punishment for illegal narcotics traffickers is indeed needed to reduce the crime in the community, even though the polemic in the enforcement of this punishment still arises because it is closely related to human rights enforcement. This research intends to examine weaknesses in the imposition of Capital Punishment based the view of Pancasila philosophy as well as the ideal construction of the Capital Punishment regulation in narcotics and psychotropic offenses based on Pancasila
more » ... . The type of writing used in this research is normative legal research method. The method of normative legal research is legal research that places law as a norm system building. The results show that capital punishment can be accounted for in the Pancasila state which is manifested as individual protection as well as protecting society for the creation of justice and legal truth based on the almighty God. The Capital Punishment, from the perspective of Pancasila, is seen as one unity. Pancasila must be the basis for seeing the Capital Punishment as In its implementation, the Capital Punishment for narcotics and psychotropic offenses still has weaknesses therefore it need an ideal construction of the regulation of the Capital Punishment in narcotics and psychotropic offenses based on the values of Pancasila is carried out with due regard to the main crime. With this reconstruction, The Capital Punishment will be a special punishment that can be applied carefully, selectively and specifically in dangerous cases as it must be determined unanimously by the panel of judges first.
doi:10.36348/sjhss.2020.v05i08.005 fatcat:pg43bily2vb77adu35czsfag5u