The existence of death penalty in positive law of Indonesia until this time
still make controversy opinion among an expert who agree with death
penalty and who didn’t agree with that, with the increasing demand about
protection of human rights. The group who agree with death penalty wish
for death penalty still restrained on positive law of Indonesia. This opinion
has been proof with still included of death penalty on some of positive law
of Indonesia. The draft of KUHP (Book of Penal Law) still included death
penalty as a special treatment. This is contradiction to article 28A and 28I
paragraph (1) of the 1945 Constitution ,which explicity states,” The rights
to life is human rights that cannot be reduced in any circumstances.” Death
penalty is a form of reduction and restriction on the rights to life, based on
state of 1945 Constitution. Many cases happened in Indonesia, the writer
resumes that death penalty still needed on some cases, but the dropping of
the death penalty must passing right procedure, selective and always obey
the norm who living on community because if the procedure about
dropping death penalty not been doing, it can be said that the punishment
was breaking the human rights. Death penalty is not a tool to reach a goal
of punishment. Death penalty also must arrange separately as a special
treatment.