Victimless Crime in Indonesia: Should We Punished Them?

Abstract

Criminal act deserves punishment because it causes harmful to its victim. However, some criminal acts may be considered as victimless crime since the perpetrator is also the victim. They are, for example, drug abuse, gambling, and abortion. In many states, such as Netherlands, victimless crime like drug abuse are no longer considered to be punishable crime since they use harm reduction approach for drug abuse problem. Drug abuse is seen as a health issue, not a criminal law issue. On the contrary, Indonesia still considers victimless crime to be punishable. The Indonesian Penal Code and Narcotics Law, for example, regulate that drug abuse is punishable. Indonesian criminal policy uses zero tolerance approach. Hence, the criminal policy is to eradicate all narcotics offences, including drug abuse. Nevertheless, it is not a solution for the problem drug abuse. Furthermore, the number of Indonesian drug user is increased. The policy has also caused overcrowd in Indonesian correctional institutions. Considering its unique characteristic and contemplating the purpose of punishment itself, punishment for victimless crime should be reconsidered. This article aims to bring perspectives on this matter by using juridical normative method with regulation, comparative, and case study approaches.

Capital Punishment for Drug Abuse Crime: Legal Limitations and Requirements

“…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).…”