Effectiveness of the Death Penalty as an Instrument of Legal Strengthening Against Drug Dealers

Abstract

This study aims to examine and analyze the effectiveness of the application of the death penalty to drug dealers in the criminal law system in Indonesia and the obstacles and solutions in this topic. The method used is an empirical juridical legal approach which combines normative analysis of laws and regulations with the reality of their application in the field. Data were collected through document studies, interviews with law enforcement officers, and observations of a number of court decisions that imposed death penalty on drug offenders. The author uses the theories of law enforcement effectiveness and legal certainty to study this topic. Factors such as weak supervision systems, potential abuse of authority, and lack of consistency in law enforcement are the main obstacles. In addition, the death penalty also raises controversy in the context of human rights, especially the right to life. Therefore, an evaluation of the death penalty policy is needed, as well as strengthening a transparent and accountable justice system as part of a more effective drug control strategy. The government needs to reform the Narcotics Law to clarify the criteria for applying the death penalty so that it includes not only big dealers but also dealers involved in drug distribution networks at various levels, in order to provide legal clarity and ensure justice for all perpetrators. In addition, the effectiveness of its implementation must be supported by ongoing training and education for law enforcement officers to improve integrity and prevent errors in the sentencing process.