The Death Penalty and Foreign Drug Offenders in Indonesia: A Judicial Perspective on Justice

Abstract

The phenomenon of narcotics abuse in Indonesia continues to escalate, including the involvement of foreign nationals (FNs) in international trafficking networks. The Indonesian government has responded to this threat through Law No. 35 of 2009 on Narcotics, which explicitly provides for the possibility of imposing the death penalty. This article examines the judicial considerations underlying the imposition of capital punishment on foreign nationals convicted of narcotics offenses, as well as its implications for the principles of justice and human rights. Employing a normative juridical approach and case analysis, this study finds that the death penalty is regarded as an ultimum remedium instrument applied to extraordinary crimes. However, disparities in judgments across similar cases indicate the presence of judicial discretion that may generate issues of legal certainty and substantive justice.