Procedures for the Execution of the Death Penalty in Indonesia

PERTANYAAN

How is the execution of the death penalty in Indonesia?

INTISARI JAWABAN

The death penalty is known and regulated under separate laws and regulations in Indonesia. In short, the death penalty is implemented by shooting the convict to death. So, how is the implementation of the death penalty? Who carries out the death penalty?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Tata Cara Pelaksanaan Pidana Mati di Indonesia which was written by Bernadetha Aurelia Oktavira, S.H., and was published on Wednesday, 15 February 2023.

This article below is an update of the article entitled Execution of the Death Penalty for Narcotics Crimes (Pelaksanaan Hukuman Mati Kejahatan Narkotika), which was first written by Diana Kusumasari, S.H., M.H., and was first published on Saturday, 7 May 2011.

This article is written according to the previous Indonesian Criminal Code and Law 1/2023 on the Criminal Code, which was promulgated on 2 January 2023.

All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

What is Death Penalty?

In order to answer your question about how should the death penalty be implemented? This matter has been regulated under Stipulation of the President 2/1964. The implementation of the death penalty imposed by courts within the public/general court or military court shall be carried out by being shot to death.[1]

Who carries out the death sentence? The execution of the death penalty is carried out by a firing squad from the Mobile Brigade (Brigade Mobil/ “Brimob”) established by the Head of the Regional Police in the area of the court which imposes the death penalty. The firing squad consisted of a non-commissioned officer or NCO (Bintara), 12 enlisted officers (Tamtama), under an officer's leadership.[2]

Also Read: Ranks of Police in Indonesia to Their Emblems

Furthermore, more technical provisions regarding the execution of the death penalty are regulated under Regulation of the Chief of Indonesian National Police 12/2010. What is the death penalty? The death penalty a.k.a death sentence or capital punishment is one of the main punishments imposed by judges upon convicts who have obtained permanent legal force.[3]

Procedures for the Implementation of a Death Penalty

So, how is the death penalty implemented? Article 4 Regulation of the Chief of Indonesian National Police 12/2010 regulates the procedures for the implementation of the death penalty which consist of the following stages:

1. Preparations[4]

After a written request from the Prosecutor's Office is made to the Head of the Regional Police, the Head of the Regional Police shall then order the Head of the Regional Mobile Brigade Unit (Kepala Satuan Brimob Daerah/ “Kasat Brimobda”) to prepare for the implementation of the death penalty.

This preparation includes personnel, materials, and trainings. The training activities carried out are basic shooting, shooting at a distance of 10 to 15 meters during the day and night, simultaneous shooting or standing salvo, and rehearsal for the execution of capital punishment.

2. Organizing[5]

They are divided into firing squad and supporting squad from Brimob members, as detailed below.

1. Firing Squad, consists of 1 executive commander with the rank of Police Inspector, 1 squad commander with the rank of Brigadier or Chief Police Brigadier (Brigadir Polisi Kepala/ ”Bripka”), and 12 members of the Second Police Brigadier (Brigadir Polisi Dua/ “Bripda”) or First Police Brigadier (Brigadir Polisi Satu/ “Briptu”) rank.
2. Supporting Squad, consists of a surveyor and equipment team (squad 1), escort of the convict (squad 2), escort of officials (squad 3), route misdirection (squad 4), and area security (squad 5).

 

3. Execution[6]

• The convict shall be given clean, simple, and white clothes before being taken to the place or location of the execution of the death penalty;
• At the time of being taken to the place or location of the execution of the death penalty, the convict may be accompanied by a clergy;
• Supporting squad must be ready at the appointed place, 2 hours before the execution time of the death penalty;
• The firing squad shall be ready at the location of the execution of the death penalty, 1 hour before the execution and must gather in the preparation area;
• The firing squad shall adjust the position and place 12 long-barreled firearms in front of the pole position for the execution of the death penalty at a distance of 5 to 10 meters and return to the preparation area;
• The executive commander shall report the readiness of his squad to the Executing Prosecutor with the sentence "REPORT, THE EXECUTION OF THE DEATH PENALTY IS READY";
• Executing Prosecutor shall conduct final examinations of death row inmates and the weaponry used for the execution of the death penalty;
• After the examination is completed, the Executing Prosecutor shall return to the original place and shall order the executive commander to say "EXECUTE", then the executive commander shall repeat “EXECUTE”;
• The executive commander ordered the the firing squad commander to reload ammunition and lock the weapons into 12 long-barreled firearms with 3 live bullets and 9 empty bullets, each firearm contains 1 bullet, witnessed by the Executing Prosecutor;
• Prosecuting Executor shall order the squad 2 commander with his squad members to bring the convict to the shooting position and release the handcuffs and then bind the hands and feet of the convict to the pole of the implementation of the death penalty by standing, sitting, or kneeling, unless determined otherwise by the Prosecutor;
• The convict is given the last opportunity to calm down for a maximum of 3 minutes accompanied by a clergy;
• The squad 2 commander shall blindfold the convict with a black cloth, unless the convict refuses;
• The doctor puts a black mark on the convict's clothes right at the heart position as the target of the shooting, then the doctor and squad 2 distanced themselves from the convict;
• The squad 2 commander shall report to the Executing Prosecutor that the convict is ready to be executed to death;
• The Executing Prosecutor shall give a sign/signal to the executive commander to immediately implement the shooting of the convict;
• The executive commander shall give a sign/signal to the firing squad commander to bring the firing squad to a position and take the weapon with a position of the weapon facing the convict;
• The executive commander shall take a place on the right side of the front of the firing squad by facing toward the left side of the firing squad and take a rest position on the spot;
• At the time when the executive commander took a perfect stance, the firing squad took an upward salvo stance;
• The executive commander draws a sword as a signal for the firing squad to aim at the heart of the convict;
• The executive commander holds the sword forward at chin level as a signal to the firing squad to unlock the weapon;
• The executive commander stamps his sword down in a sword-resisting position as a signal to the firing squad to conduct simultaneous shootings;
• After the shooting is finished, the executive commander sheaths the sword as a signal to the firing squad to take a gun-fronting stance;
• The executing commander, the Executing Prosecutor, and the doctor shall examine the convict's condition and if according to the doctor that the convict is still showing signs of life, the Executing Prosecutor shall order the executing commander to carry out the final shooting;
• The executive commander ordered the firing squad commander to carry out the final shooting by placing the end of the barrel of the handgun on the convict's temple just above the ear;
• This final shooting may be repeated, if according to the doctor's statement there are still signs of life;
• The execution of the death penalty shall be declared complete, if the doctor has declared that there are no more signs of life in the convict;
• After the execution of the shooting, the firing squad commander instructs his members to remove the magazine and empty their weapons; and
• The executive commander shall report the results of the shooting to the Executing Prosecutor with the words "THE EXECUTION OF THE DEATH PENALTY IS DECLARED COMPLETE."

 

4. Completion[7]

1. After the execution of the death penalty is completed, the executive commander shall order the firing squad commander to bring the firing squad out of the shooting location for consolidation;
2. The Executing Prosecutor shall order the squad 2 commander with his squad members, to carry and escort the body along with the medical team to the hospital as well as escort the body up to the funeral process;
3. Squad 1 collects equipment used for the execution of the death penalty and cleans up the location of shootings; and
4. All squads carry out consolidations, which are led by their respective squad commanders.

Provisions on the Death Penalty in the New Criminal Code

As additional information, the new Criminal Code, which is regulated under Law 1/2023, comes into force 3 years from the date of its promulgation, [8] specifically, in 2026, the death penalty is threatened as a last resort to prevent criminal acts and to protect the public/community.[9]

The capital punishment is not included in the stelsel of the principal sentence. The capital punishment is determined in a separate article in order to show that this type of criminal sentence is truly special in nature as a last resort to protect the community. The capital punishment is the most severe criminal sentence and must always be threatened as an alternative to life imprisonment or imprisonment for a maximum of 20 (twenty) years.[10]

The capital punishment may be implemented after the application for pardon/clemency for the convict is rejected by the President.[11] Judges shall impose capital punishment with a probation of 10 (ten) years by taking into account:[12]

1. the defendant’s remorse and there is hope for improvement; or
2. the role of the defendant in the Crime.

This probationary death sentence must be included in the court decision. The grace period of a probation of 10 (ten) years commences 1 (one) day after the court decision obtained permanent legal force.[13]

If the convict during the probation period shows a commendable attitude and actions, the capital punishment may be changed to life imprisonment with a Decree of the President after obtaining a consideration from the Supreme Court. Life imprisonment shall be calculated from the stipulation of the Decree of the President.[14]

On the other hand, if the convict during the probation period does not show a commendable attitude and actions and there is no hope to be corrected, the capital punishment may be implemented on the order of the Attorney General.[15]

If the application for pardon/clemency of the death row convict is rejected and the capital punishment is not implemented for 10 (ten) years since the pardon is rejected not because the convict has run away, then the capital punishment may be changed into life imprisonment by a Decree of the President.[16]

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These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 1 of 2023 on the Criminal Code;
2. Stipulation of the President Number 2 of 1964 on the Procedures for the Execution of Death Penalty Imposed by the Court within the Public/General and Military Jurisdiction;
3. Regulation of the Chief of Indonesian National Police Number 12 of 2010 on the Procedure of Death Penalty.

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[1] Article 1 Stipulation of the President Number 2 of 1964 on the Procedures for the Execution of Death Penalty Imposed by the Court within the Public/General and Military Jurisdiction (“Stipulation of the President 2/1964”)

[2] Article 10 section (1) Stipulation of the President 2/1964.

[3] Article 1 number 3 Regulation of the Chief of Indonesian National Police Number 12 of 2010 on the Procedure of Death Penalty (“Regulation of the Chief of Indonesian National Police 12/2010”).

[4] Article 5 section (1) and (2) jo. Article 6 section (1) and (4) Regulation of the Chief of Indonesian National Police 12/2010.

[5] Article 7, Article 8 section (1), and Article 9 Regulation of the Chief of Indonesian National Police 12/2010.

[6] Article 15 Regulation of the Chief of Indonesian National Police 12/2010.

[7] Article 18 Regulation of the Chief of Indonesian National Police 12/2010.

[8] Article 624 Law Number 1 of 2023 on the Criminal Code (“Law 1/2023”).

[9] Article 98 Law 1/2023.

[10] Elucidation of Article 98 Law 1/2023.

[11] Article 99 section (1) Law 1/2023.

[12] Article 100 section (1) Law 1/2023.

[13] Article 100 section (2) and (3) Law 1/2023.

[14] Article 100 section (4) and (5) Law 1/2023.

[15] Article 100 section (6) Law 1/2023.

[16] Article 101 Law 1/2023.