CONSTITUTIONALITY OF EXECUTION OF DEATH PUNISHMENT FOR FOREIGN CRIMINAL CONVICTED

Execution of death penalty for a number of convicts of foreign nationality at Indonesia in the early to mid-2015 raises a variety of pros and cons from a number of countries and human rights activists, both at home and abroad. Legal system Indonesia which still enforces the death penalty is seen as a form of cruelty that has long been abandoned by other countries. Capital punishment is violation of basic human rights namely the right to life. Most countries have abolished the death penalty, but this type of crime still applies in Indonesia for certain serious crimes (serious crime), namely murder planning, a crime against the state, narcotics crime, terrorism, criminal act corruption, and so on. As a result of the execution of the death penalty for convicted citizenship foreigners, a number of convicted countries of origin withdrew diplomatic officials from Indonesia.

This study discussed two problems namely the basis of enactment capital punishment for convicts of foreign nationality in Indonesia and relevance to the imposition of the death penalty in Indonesia with human rights values ​​and the aim of punishment. This research is a normative study conducted with a conceptual approach and legislation. Primary and secondary legal materials are collected through technique library study. Analysis of legal material is done qualitatively through description techniques, interpretation and evaluation to produce answers to problems concerning the constitutionality of the execution of capital punishment for convicts of foreign citizenship