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Indonesian Capital Punishment in Comparative Perspective

2017; Brill; Volume: 173; Issue: 1 Linguagem: Inglês

10.1163/22134379-17301002

2213-4379

Dave McRae,

Indonesian Legal and Regulatory Studies

Indonesia’s execution of 14 narcotics prisoners in 2015 was a surprise. Capital punishment has been a persistent feature of Indonesia’s legal system, but Indonesia had previously conducted few executions. New president Joko Widodo gave no prior signal that he strongly supported capital punishment. This article undertakes a comparative analysis of Indonesia’s use of capital punishment under Widodo and his predecessor, Susilo Bambang Yudhoyono. It finds capital punishment has persisted despite the presence of up to six of seven factors comparative scholars hold to be determinants of abolition. Its persistence shows political leadership supportive of capital punishment to be a formidable obstacle to abolition, even when many other determinants are manifest. The Indonesian case suggests that factors that shift debate away from capital punishment’s merits are most likely to spur abolition. Chief among these is the imperative to protect citizens from the death penalty abroad, a factor unanticipated in the international literature.