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Adelia Gadis Sitta Lorena
Fakultas Hukum Universitas Katolik Darma Cendika, Surabaya

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The Relevance of the Death Penalty for Drug Dealers as an Extraordinary Crime in Indonesia Adelia Gadis Sitta Lorena; Michael Gondowidjaja
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.7084

Abstract

Narcotics crimes are categorized as extraordinary crimes due to their extensive impact on public health, social stability, and national resilience. Within the structure of illicit drug trafficking, drug kingpins occupy a central position as network controllers and primary beneficiaries of illegal profits. Indonesian positive law, partyculary Law Number 35 of 2009on Narcotics, still provides for the death penalty for certain narcotics offenses. This study aims to analyze the regulation of the death penalty for drug kingpins under Indonesian law, examine its relevance from criminological and human rights perspectives, and formulate proportional criteria for its application. This research employs a normative juridical method with statutory and conceptual approaches, analyzed qualitatively. The finfings indicate that, from a criminological perspective, drug kingpins are principal actors in organized crime who act rationally and are profit oriented, thereby possessing a higher degree of culpability and social harm compared to users, who are generally victims of addiction. From a human rights standpoint, the death penalty may still be justified in a limited manner, provided that it complies with the principle of the most serious crimes, proportionality, and guarantees of due process of law. Therefore, the death penalty remains relevant as an ultimum remedium for large-scale drug kingpins, subject to strict and selective criteria in order to balance public protection and respect for human rights.