Legal Analysis of the Death Penalty Sanctions for Narcotics Dealers in Law Enforcement in Indonesia Based on Legal Certainty

Abstract

This study aims to determine and analyze the construction of the imposition of death penalty sanctions on drug dealers in law enforcement in Indonesia. To determine and analyze the weaknesses of the death penalty sanctions against drug dealers in law enforcement in Indonesia today. This writing is a normative juridical type using the UU approach method, cases, research specifications are descriptive analysis, secondary data sources are taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through library studies and analysis techniques using qualitative. The study shows that the imposition of death penalty sanctions on drug dealers in law enforcement in Indonesia using the conditional death penalty mechanism with a 10-year probationary period, as regulated in Article 100 of the National Criminal Code, is not merely a technical change but an operationalization of the fundamental principles of ultimum remedium and proportionality, providing space for in-depth evaluation of the individual culpability of the accused while maintaining deterrence against serious crimes. Several weaknesses exist, including: first, substantive weaknesses in the law, including the dualism of the death penalty: between its deterrent effect and human rights, a lengthy and complicated legal process, and the uncertainty of the death penalty due to the possibility of probation. Second, structural weaknesses in the law include limited law enforcement capacity, systemic weaknesses and criminal networks, and a weak oversight system in correctional institutions. Finally, weaknesses in the legal culture include the absence of an integrated approach and early prevention, as well as the minimal deterrent effect on large drug networks.