PKn Diskusi P.13 (Hkm)

Summary

The script from Group 7 discusses the human rights perspective on the death penalty for drug offenders. It highlights the right to life as a fundamental human right, as stated in the Universal Declaration of Human Rights. The group also addresses the Indonesian legal stance, including the 1945 Constitution and the shift from Law No. 22 of 1997 to Law No. 35 of 2009, which includes the death penalty for serious drug crimes. The discussion emphasizes the necessity of the death penalty to combat drug trafficking, protect societal order, and uphold national security, while maintaining the principle of humanity in its implementation.

Takeaways

• 🌐 The group 7 presented a discussion on the legality and human rights aspects of the death penalty for drug offenders.
• 📜 Human rights law, as stated in the Universal Declaration of Human Rights, asserts that everyone has the right to life, liberty, and personal security.
• 🚫 The death penalty should not be imposed on children and should only be applied for the most serious crimes, such as genocide.
• 🌱 The Indonesian government and DPR have shown seriousness in eradicating the illicit drug trade by implementing the death penalty through legislation.
• 🏛 The concept of human rights protection in Indonesia is rooted in Pancasila and the 1945 Constitution, emphasizing the protection of all Indonesian people.
• 💊 The implementation of the death penalty for drug traffickers is justified as a measure to prevent the spread of drugs and protect society and national development.
• 🛑 The death penalty is considered necessary to deter the growth of drug networks and syndicates, which can disrupt social order and harm future generations.
• 🏗️ The death penalty serves as a crucial tool for the enforcement of criminal law, ensuring compliance with legal norms.
• 🌟 The execution of the death penalty is to be carried out with minimal suffering and respect for the humanity of the condemned.
• ⚖️ The death penalty is not seen as inherently cruel or unusual punishment when applied exceptionally and with consideration for the balance of rights and responsibilities.

Q & A

What is the main principle regarding the right to life as stated in the Universal Declaration of Human Rights?

The main principle regarding the right to life is that every person has the right to life, liberty, and personal security, and no one should have their life taken arbitrarily.

What does Article 6 of the International Covenant on Civil and Political Rights state about the death penalty?

Article 6 of the International Covenant on Civil and Political Rights states that the death penalty can only be imposed for the most serious crimes and cannot be applied to children.

What is the stance of the United Nations regarding the death penalty as per the script?

The United Nations has taken steps to declare the abolition of the death penalty as a universal goal, although it is limited to certain crimes.

How does the Indonesian Constitution ensure the protection of human rights?

The Indonesian Constitution ensures the protection of human rights through the opening of the 1945 Constitution, which states the formation of the Indonesian government to protect all Indonesian people and to advance their welfare.

What is the reason behind the implementation of the death penalty for drug traffickers according to the script?

The implementation of the death penalty for drug traffickers is to prevent and eradicate the distribution of illegal drugs more effectively, as the government and the DPR (House of Representatives) are serious about combating the spread of drugs.

What are the potential consequences if the death penalty is not applied to drug traffickers as mentioned in the script?

If the death penalty is not applied to drug traffickers, there is a concern that the network or syndicate of drug traffickers cannot be effectively restricted, which could lead to the destruction of social order and harm to young generations.

How does the script justify the use of the death penalty as a means of law enforcement?

The script justifies the use of the death penalty as a means of law enforcement by stating its importance in ensuring the observance of legal norms and as a deterrent to maintain social order.

What are the conditions under which the death penalty is considered humane as per the script?

The death penalty is considered humane when it is carried out with minimal suffering, not causing prolonged pain, and is not conducted publicly, respecting the humanity of the convicted individual.

What is the script's conclusion regarding the death penalty for serious crimes and extraordinary offenses?

The script concludes that the death penalty is still very necessary for serious crimes and extraordinary offenses, considering the public interest and the extensive benefits of the death penalty in preventing significant harm to human life, society, the nation, and national security.

How does the script address the balance between the right to life and the implementation of the death penalty?

The script addresses the balance by stating that the death penalty should be applied while respecting the purpose and guidelines of criminal law, and that the limitation of the right to life is a fundamental duty to respect the rights of others and the law.