UNTAG Law Review
Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases

The Relevance of the Death Penalty for Drug Dealers as an Extraordinary Crime in Indonesia

Adelia Gadis Sitta Lorena (Fakultas Hukum Universitas Katolik Darma Cendika, Surabaya)
Michael Gondowidjaja (Fakultas Hukum Universitas Katolik Darma Cendika, Surabaya)



Article Info

Publish Date
29 May 2026

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.

Copyrights © 2026






Journal Info

Abbrev

ulrev

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

Description

UNTAG LAW REVIEW, is a peer-review journal published by FACULTY OF LAW UNTAG SEMARANG, UNTAG LAW REVIEW is published twice a year in May and November. This journal provides direct open access to its content with the principle that making research freely available to the public supports greater ...