Zulfa Asma Vikra

Efektivitas Penjatuhan Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika

Introduction

Efektivitas penjatuhan pidana mati terhadap pelaku tindak pidana narkotika. Mengkaji urgensi dan efektivitas pidana mati bagi pelaku narkotika di Banjarmasin. Diperlukan untuk dampak psikologis, namun penerapannya kurang efektif.

Abstract

This study aims to determine the urgency of imposing the death penalty against narcotics offenders and the effectiveness of imposing the death penalty in overcoming narcotics crimes in the jurisdiction of the Banjarmasin District Court. This research uses empirical legal research, namely research on primary data and secondary data. Primary data is obtained through written observations and interviews. While secondary data in the form of primary, secondary and tertiary legal materials collected by literature study. Then the data is processed and analyzed qualitatively. The results showed that the death penalty is still needed in the context of overcoming narcotics crimes, because the death penalty will have a psychological impact on the community not to commit narcotics crimes. Then the imposition of death penalty by the Banjarmasin District Court is less effective in the context of overcoming narcotics crimes.

Review

This study delves into the highly contentious and critical issue of capital punishment for narcotics offenses, specifically examining its urgency and effectiveness within the jurisdiction of the Banjarmasin District Court. The research employs an empirical legal approach, which is commendable, seeking to ground its findings in both primary data, gathered through observations and interviews, and secondary legal materials. This methodology promises a robust analysis, offering real-world insights into a complex legal and social dilemma, and the qualitative analysis further suggests a nuanced exploration of the underlying factors. The abstract presents two particularly intriguing findings that form the core of the study's contribution. Firstly, it concludes that the death penalty is still perceived as necessary for combating narcotics crimes, primarily due to its psychological deterrent effect on the community. This underscores a strong belief in capital punishment's symbolic and preventative power. However, juxtaposed against this, the study also reveals that the actual imposition of the death penalty by the Banjarmasin District Court is "less effective" in overcoming narcotics crimes. This apparent contradiction—that a measure deemed necessary for its deterrent potential is simultaneously found to be ineffectual in practice—is a pivotal observation that merits deep exploration in the full manuscript. The tension between the perceived necessity and the observed ineffectiveness of the death penalty for drug offenses is the study's most compelling aspect. While the abstract clearly states these outcomes, the full paper would undoubtedly need to meticulously unpack the reasons behind this disconnect. For instance, what specific factors contribute to this "less effective" outcome? Is it related to implementation challenges, the nature of drug syndicates, a lack of consistent application, or broader systemic issues within the justice system? Addressing these questions would significantly enhance the study's impact, offering valuable insights for policymakers and legal scholars engaged in the ongoing global debate surrounding capital punishment for drug offenses.

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