There is no actual evidence that the application of capital punishment will prevent narcotics and illegal drugs traffic. This opinion was conveyed by Prof. Jeffrey Fagan, the expert from Columbia University of the United State of America, in the plenary hearing of the Constitutional Court (MK) on case Number 2/PUU-V/2007 and 3/PUU-V/2007 regarding the judicial review of Law Number 22 Year 1997 on Narcotics against the 1945 Constitution in Jakarta (2/5).

Jeffrey also added that the best way to overcome narcotics and illegal drugs trafficking problem is through medical treatment and rehabilitation for the narcotics and illegal drug users.

On the same occasion, the Chairperson of the National Commission on Human Rights, Abdul Hakim Garuda Nusantara, explained that up to July 2006, there had been only 68 states that continued to apply the capital punishment practices (including Indonesia) and more than half of the states worldwide had abolished capital punishment. “There are 88 states that have abolished the capital punishment for all categories of crimes, 11 states have abolished capital punishment for regular crime categories, 30 states have implemented de facto moratorium not to apply capital punishment and a total of 129 states have abolished the capital punishment,” he said.

In response to the question as to whether the application of capital punishment as a legal product still had constitutional foundation, Abdul Hakim Garuda Nusantara said that in the internal discussion of the National Commission on Human Rights, the majority was of the opinion that the capital punishment had no longer constitutional foundation. ”Indeed, there are some other internal views from the National Commission of the Human Rights which still approve the capital punishment,” he remarked. (Luthfi Widagdo Eddyono)