Capital Punishment for Drug Abuse Crime: Legal Limitations and Requirement

I write this paper about the death penalty for narcotics dealers, many countries still apply the death penalty like one of them is Indonesia, although many criticize the execution of capital punishment for drug dealers, but the death penalty is still done in Indonesia, because it is believed to be the most appropriate step for the drug dealers who have damaged this generation of Indonesian nation, and in this paper I justify or approve if the drug dealer is sentenced to death because the drugs damage the young generation and damage the nation's morale.


INTRODUCTION
The death penalty is one of the oldest punishments in the world. Historically, there are several ways in which executions can be executed, such as the punishment of punishment by cutting heads as applied in Saudi Arabia.
Electric shock: punishment by sitting in a chair which is then subjected to high voltage electricity as applied in America.
Hanging: punishment by hanging on some gallows as applied in Iraq, Egypt, and Malaysia. Injectable death, punishment by injection drug that can kill ever applied in America. Penalty shootings, punishment by shooting a person's heart, as applied in Indonesia. Rajam: punishment Law Research Review Quarterly, 7(4), 433-444 434 https://doi.org/10.15294/lrrq.v7i4.48175 by stoning to death for adulterers as applicable in Saudi Arabia. Formerly, in the Revolution period France also executed the death penalty by using a head cutting tool called guilotine. The Indonesian government has several times executed the execution of death penalty against certain criminal actors. In general, the perpetrators of the criminal offenses imposed on the death penalty are related to narcotics, murder, terrorism, and rebellion (Solihah & Masyhar, 2021).
The community also often proposes that perpetrators of criminal acts of drug abuse are also sentenced to death, especially high schools, as is often done by a number of countries such as Malaysia and Singapore that punish the perpetrators (dead). But the government seems to also hesitate, so many of them are just punished lightly. As a result, narcotics crimes in Indonesia remain high. With regard to this issue, this article attempts to criticize some of the death penalties that have been implemented, also highlighted a number of death penalty demands, but the government is still reluctant to commit, such as corruption and narcotics crimes. But Cesare Beccaria in the decade of the 1780s ever opposed this type of crime because considered inhuman and ineffective (Zulva, 2011;Siregar, 2021).
Capital punishment is considered counter-productive when comparing it with legal objectives as part of the concrete face of the concept of morality of citizens. The most important and interesting issue is the effectiveness of the imposition of capital punishment itself, whether the imposition of capital punishment can suppress the rate of development and the extension of crime which is classified as extraordinary crime and whether it is true the formulation of capital punishment in the provisions of the Act as well as the execution of the death row is against the Right Human Rights, especially to the fulfilment of the right to life (Ahmad, 2021;Chandra, 2019;Rifqi & Bangun, 2020   Citing the United Nations Office of Drugs and Crime (UNODC) research, Fagan concludes that economic theory of the deterrent effect predicts that drug prices will rise in line with the increased threat of punishment is not proven.
It is precisely that care and rehabilitation is more effective in reducing narcotic demand than the threat of severe or cruel punishment (Elpina & Purba, 2021;Meiriantony, 2017;Ma'ruf, 2018).
According to the editor of The Changing of Juvenile Justice: Waiver of Adolescents to the Criminal Court (2000), there are still many ways to protect people from narcotics.
They are respecting human rights, increasing freedom of drug dependence, and strengthening the community order.
The death penalty is not an alternative he has to offer. The reasons for the importance of the imposition of capital punishment to apply to the convicted narcotics include the following: 1) If the death penalty is not applied to the convicted narcotics, it is feared that the development of narcotic drug dealer network cannot be restricted because illicit drug trafficking can damage the society order, damaging the young generation, so it is natural to be sentenced to death (Sianturi & Panggabean, 1999). 2) The execution of capital punishment shall not be done publicly; it is humane considering that the convicted person in this case is still regarded as an individual whose rights are recognized in a limited way.
3) The death penalty is never threatened in isolation and has never been threatened alternatively only with life imprisonment.
4) The death penalty must not be given in conjunction with other principal criminal (prison, cover, confinement, fine).
5) The death penalty is only granted to crimes classified as serious crimes (Rare crime) and extraordinary crimes. 6) Article 56 of the Criminal Procedure Code stipulates, among other things, that in the case of a suspect or defendant committing an act threatened with capital punishment, the official concerned to examine the case shall be required to appoint a legal counsel to them free of charge.

CONCLUSION
Narcotics and drugs (Narcotics) or narcotics, psychotropic substances, and additives (NAPZA) are substances that can affect a person's psychological psychology (thoughts, feelings and behaviors) and can cause physical and psychological dependence, as set out in UU RI No 22/1997. In Islam Drugs are very forbidden because it has adverse effects on health and damage a person attitude. In the Qur'an there is no texts that explain the prohibition of drugs, but scholars agree that something that can be intoxicating someone then the law is haram. Islam is also very supportive with the enactment of the death penalty against drug dealers, because of this drug dealer easy to obtain so it can damage the morale and the next generation of the nation. In