PERSPEKTIF HAM DALAM PENJATUHAN PIDANA MATI WARGA NEGARA ASING SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA DI INDONESIA

The title of this legal research is The Perspective Aspect of the Human Rights of the Death Sentence Implementation for the Foreign People Who Do Narcotic Related Crime in Indonesia. The legal question in this paper is that if it is allowed to implement the death sentence to the foreign people who do narcotic related crime based on the perspective aspect of the human rights. The objective of this research is to find out if it is allowed to implement the death penalty to the foreign people who do narcotic related criminal based on the perspective aspect of the human rights. This research is a normative research and it focuses on the positive legal norm in the form of regulations. The analysis methodology is qualitative method. The result of the research can be concluded that the implementation of the death sentence to the foreign people who do narcotic related crime is not in line with the spirit of Article 28A and it is reinforced by Article 281 paragraph (l) of the 1945 National Constitution of the Republic of Indonesia and Acts Number 29, year 1999 concerning Human Rights. Therefore the concept of the death sentence must be restudied. The concept within the Criminal Code or the concept from other regulation must be in accordance with the 1945 National constitution as the highest law umbrella in Indonesia