THE GOVERNMENT SHOULD GIVE

THE DEATH PENALTY FOR CORRUPTOR

By :

1. Adhenina Putri Febriani (01/XII IPA 2)

2. Akmalia Rizke NF (03/XII IPA 2)
3. Ali Yafie HP (04/XII IPA 2)
4. Azmi Muhammad A (06/XII IPA 2)
5. Dewi Pramesti NA (07/XII IPA 2)
6. Dzakiyya Salma (10/XII IPA 2)
7. Hafizha Firdaus Alfuaddy (16/XII IPA 2)
8. Hana Annida (17/XII IPA 2)
9. Nur Wachida Syaiffadina (25/XII IPA 2)
10. Swandiva Wendradi (32/XII IPA 2)

SMA NEGERI 1 SURAKARTA

TAHUN PELAJARAN 2014/2015

THE POSITION OF DEBATE

 1. Moderator 1. Time Keeper

+ Swandiva Wendradi Dewi Pramesti NA

_
XII IPA 2 / 32 XII IPA 2 / 07

2. First Speaker of 2. First Speaker of

Positive Team Negative Team

Adhenina Putri F. Alie Yafie H.

XII IPA 2 / 01 XII IPA 2 / 04

3. Second Speaker of 3. Second Speaker of

Positive Team Negative Team

Hafizha Firdaus A. Azmi Muhammad A.

XII IPA 2 / 16 XII IPA 2 / 06

4. Third Speaker of 4. Third Speaker of

Positive Team Negative Team

Dzakkiyah Salma K. Anandhika Arifianto

XII IPA 2 / 10 XII IPA 2 / 05

5. Adjudicator 5. Adjudicator 5. Adjudicator

Nur Wahida Syaffadina Hana Annida Akmalia Rizke NF

XII IPA 2 / 25 XII IPA 2 / 17 XII IPA 2 / 3

The First Speaker of Positive Team

Name : Adhenina Putri Febriani

Class / Number : XII IPA 2 / 01

Positive team believes that government should give death penalty for
corruptor in Indonesia. I am Adhenina Putri Febriani as the first speaker, I will
explain about the argument from political point of view. And Hafizha Firdaus as
the second speaker will present about argument from social point of view. And the
third speaker Dzakkiyah Salma will retell our team opinion about the application
of death penalty for corruptors in Indonesia.

Government means the president and his cabinet in Indonesia includes the
police, prosecutor and judge who have power to manage and role this country
today. Corruptors means every person who works as the state officer, house of
representative, businessman, and all people has done activity to cheat, take, give
and loss the financial of the country and use the money for him. Death penalty
means the punishment given to the corruptors by losing his life. The limitation is
the state officer and the house of representative.

The state officer and house of representative have duty to serve the people
and this country. They know well that their job is to make the people become
prosperous. Then, when they cheat, take profit for themselves and make the
country loss or corruption, it means that they break their duty to give good serve
for people. Death penalty for corruptor gives good effects for the political and
social in this country. It makes the state officer to stay away from corruption, then,
society will be more believable to them.

Now, this time for me to deliver our argument from politic point of view
and as the first speaker affirmative I would like to fix my position that we agree
with the motion today positive team believes that government should give death
penalty for corruptors in Indonesia. There are some reasons to support our
arguments.
 First, the policy will make the governments credibility better and the
existence of the government to fight the corruption will be no question again. As
far as we know that many persons who work in the government corrupt so it
makes the grade of believable toward government, especially president,
decreases. And it will influence in-conducive situation of the politic in this
country. The main duty of government to serve the people will disturb because of
the corruptors in every department who make difficulties to the activities people
for example business. Moreover, there will be unfair activity and gap between the
government and people. Giving death penalty for corruptor will decrease the
amount of officers in all departments to corrupt and make difficulties to people.
For example Gayus Tambunan, a staff of tax department. He gives some help to
big companies to manipulate the amount of tax which is paid to be less than it
should be. Then he gets much money from those companies. He makes the
income of the country decrease. He and the big companies make the country loss
for much money. While the small companies must pay suitable the tax which
should be paid because of no helping from the staff like Gayus Tambunan.

Second reason, that policy to give death penalty for corruptor is good step
to protect the next corruptors appear, in other word the corruptors will be afraid to
corrupt. Death penalty is as deterrent effect. I want to underline here that every 4
years or after finishing the period of the members of house representatives job
many of those members of the house go to the jail because of corruption. For
example the chief of the house of madiun regency and some members period 2000
to 2004 go to the jail in 2004 must stay in the jail because of corruption until
2009. This condition happen because the punishment the corruptors get is very
low, so many state officer and members of representative do not fell afraid, they
just stay in the jail under 5 years or just pay some billion. From that condition we
are really sure that death penalty will protect the state officer and members of the
house to corrupt. Do you think they will be pleasure to release their life for
sentence to death by firing squad? No, nobody wants to die like that. So, the
person will think twice or more if they intend to corrupt.
 Bad habit such as corruption which occurs for years can not stop without a
resolute step or death penalty. We can say corruption is the bad old habit. So the
best solution to stop corruption is by giving shock therapy, the heaviest
punishment such as death penalty. That policy also remains the government to
serve people correctly. Because of many good effects for our country so our team
absolutely agrees that government should give death penalty for corruptors in
Indonesia.
The First Speaker of Negative Team

Name : Alie Yafie H

Class / Number : XII IPA 2 / 04

Thank for the time given by the chair person. We are negative team. As the
first speaker, Id like to state our team split. Im the first speaker and I will rebut
and deliver our argument from human right point of view. The second speaker is
Rahmawati Zahroh will rebut and deliver the argument from law point of view.
The third speaker Ian Putra Romanda will strengthen our arguments.

First we can accept the definition and limitation which are given by
positive team. Now allow me to rebut the first speaker positive argument. She said
that the best solution to stop corruption is by giving shock therapy, the heaviest
punishment such as death penalty.

Nobody perfect, this is the word I want to remain you again. It means here
that everyone can do wrong action and it is common to get punishment because of
that mistake. We say that corruption is bad action and need to be punished, but
what appropriate punishment he should get suitable his mistake. And because we
are educated person, the punishment had better to contain education and change
someone to be better. Punishment should have good value for himself, the society
and the country so it is effective to repair the condition for all elements. Death
penalty is not good punishment to give good effect for all elements; it is
something like the other face of killing legally. It teaches nothing for corruptor.

As first speaker negative team wed like to fixed our position that we
absolutely disagree with the motion that the government should give death
penalty for corruptor. From human right point of view we have some reasons to
support it. First, death penalty is inhuman punishment although it is used to
punish even corruptor. In fact, the policy breaks the human right which always
appreciates someones life whoever he is, without some discrimination. Moreover,
death penalty as a deterrent effect is conceptually wrong. The purpose of
punishment is rehabilitation to make someone better, not for revenge. Death
penalty does not full fill the requirements as the good punishment. It just cuts
someones life. It does not try to change someones character to be better, realize
his wrong and does not corrupt again. The most important thing of punishment is
to make someone to able to walk his next life in right line. Kontras said the death
penalty did not respect the right to life and would be ineffective as a corruption
deterrent. It said the clause would also hinder efforts to repatriate corruption
fugitives hiding abroad, as well as their assets.

Second, death penalty shows that the country has become the owner of the
rights of life and, of course, it is not correct. We must come back to the basic of
life that Just God can take someone life, not the country or the government. Is
there any guarantee that the punishment decided by court is really right without
any pressure from power person? No guarantee, so how can we punish death
penalty if the court cannot run well? For example the court in Pasuruan punishes
guilty as the murder for someone and some years later the real murder has been
caught and it also happens for the person who punishes guilty as the corruption.
Finishing someones life is not the right of government because we dont have the
best judge, prosecutors and law which is clean from intervention or some
importance of certain group.

Someones life is not toy to try out about applying fatal punishment such
as death penalty, or just government tries to take the sympathy of people. We talk
about life and death of people, so please think carefully. Every wrong person even
corruptor has right to get some chance to repair his mistakes. And the punishment
should become a place to repair himself. Here we conclude that we very disagree
that the government should give death penalty for corruptor.

The Second Speaker of Positive Team

Name : Hafizha Firdaus A F

Class / Number : XII IPA 2 / 16

Thanks for the time given by chair person. Before I present my opinion, I
will argue with the opinion said by the first speaker from negative team that death
penalty is inhuman punishment although it is used to punish even corruptor and
death penalty did not respect the right to life and would be ineffective as a
corruption deterrent. But Im from the positive side still believed that dead
punishment is not inhuman punishment. Instead, corruption is an extraordinary
crime that is degrading humanity.
 This is my turn to deliver my argument from social point of view. As the
second speaker from positive team I agree with the motion today that government
should give death penalty for corruptor.

Corruption will make big destroying and loss the country. Most of the
corruptors are state officers who work in government and members of the house.
They enrich themselves by making loss for the countrys income. While the
people, common people or businessmen, follow situation created by the corruptors
in the government to give them some money to make their case or affair to be able
to work smoothly and well. We can say that there will be no bribe from the
businessmen if the state officers do all affairs in its place and serve properly. So
there is no corruption again. Or the members of the house just receive salary and
do not receive money by breaking the role and law.

We note some advantages from social point of view by applying death

penalty for corruptor. First, society will admit the existence and commitment of
the government to serve totally to the people to create the prosperity for people.
Death penalty is fresh air for people where they know well that corruptors get
punishment heavily. People are sure that action can decrease the amount of
corruptors then become clean from corruptors. It shows that government can work
well. Moreover, the clean government can create the stable society where the
people believe toward the government, especially president who is voted directly
by the people. At last, the expectation of the people will come true to get proper
and prosperous life in their own country. Death penalty makes the income of the
country increase because of nothing for corruptors. Then, the money uses for
serving people better. For example the corruption by sekmenpora or staff in
kemnakertrans which talks about millions of money hurt the peoples heart.
People are doubtful about the work of government. They take a lot of money for
themselves while many people live in poverty condition. That condition decreases
the admitting of people belief toward the government. The situation also forces
the president to reshuffle his cabinet because of decreasing of peoples belief
toward the government which consists of many corrupted official.
 Second, applying death penalty for corruptor will lose the corruption
activities so the society will be proud that Indonesia becomes the clean country or
no corruption action from the grass root until chief of the country. As we know
according to Independent organization in 2010 Indonesia got sixth rank from 146
countries in the world as the country with corruption problem and got first rank in
Asia pacific. Oh my god, thats very worst achievement for the country which
begins new future in reformation era. It is very ashamed for all people that we are
rich country but we have most of poor people. It happens because of corruption
which grows like flower in the rainy season. Getting first rank for corrupting
shows Indonesian officials have bad character. Death penalty especially for
corrupted official makes the country stand strongly beside the country all the
world. . I believe that, when there is no really strict punishment in Indonesia,
corruption will definitely be rampant. The death penalty is the answer. Corruptors
deserve the death penalty. They are even more dangerous and worse than a killer.
A killer kills one or two people right away. But a corruptor kills a lot of people
gradually, slowly but surely.

People want to live properly and prosperous. The corruption makes the
people angry and loses their proud to this country. Then, they do not believe
toward the government any more. That condition is very dangerous for
stabilization of society. When people lose their belief to government, it means the
government should be reshuffled or changed. Then to avoid bad impact from
decreasing peoples belief to government so we need to say once again that the
government should give death penalty for corruptor.
The Second Speaker of Negative Team

Name : Azmi Muhammad A

Class / Number : XII IPA 2 / 06

Thanks for the time given by the chair person before I present my opinion
about this motion. First, I will argue the second speaker from positive side.
 I must say, I still believe that government shouldnt give death penalty for
corruptors in Indonesia. The death penalty for corruptor wouldnt practice in
Indonesia, because death penalty is not strong supporting of law in this country
and not suitable with ICCPR (International Covenant on Civil and Political
Rights).

Death penalty is not strong supporting of law in this country. It

undermined human dignity, was incompatible with Article 28 of 1945 Constitution
that guaranteed the right to life of every individual and that it failed to curb
similar crimes. All people, including the corruptor, have rights to defend their life
and the constitution guarantee it clearly. In our constitution, capital punishment is
mentioned as part of human rights that should not be revoked under any
circumstances, too. But, Article 28 (1) mentioned that the implementation of
human rights is limited by two things. First, it must not violate the rights of others.
Second, it is restricted by law. So, it is possible for the states issue a law that
would impose death penalty to convicted corruptor. So it is very strange that the
government issues the death penalty in law while in fact it breaks the foundation
of our country, the Constitution of 1945. Its clear enough that death penalty
doesnt have strong power to do in law.

Death penalty is not suitable with ICCPR (International Covenant on Civil

and Political Rights). As we know that the Indonesian government decides to
ratify the ICCPR (International Covenant on Civil and Political Rights) into law
No. 12/2005. Actually, more than 100 countries in the world have erased the death
penalty as the punishment. As the one of the countries in the world Indonesia
should criticize about this condition. In globalized world death penalty has not
become the priority of the punishment again. As the modern country we also live
more humanity and think forward. There are many ways to solve the problem
without violence such as death penalty. We say violence because death penalty is
to take someones life with pressure. Most of the countries in the world have
moved forward by erasing death penalty as the punishment because of inhuman
action, then when we are brave to step such like that? Now, thats the answer. We
must change.

We must know that the death penalty will have never effective made
deterred the criminal. For me its not about death penalty or no. The most
important now, how to prevent KKN by make a system

Everyone can make mistakes but it doesnt mean he never does the right
thing. He has done the valuable things for himself and the others, and now he slips
of steps, then why dont we give them chance to repair the entire mistake? He can
give something useful for this country in the future. I still believe that the
government shouldnt give the death penalty for corruptors.

The Third Speaker of Positive Team

Name : Dzakiyyah Salma

Class / Number : XII IPA 2 / 16

 Thank you for the time given by chair person. Im Gusdiniarko Burhan as
third speaker from positive team would like to respond the negative team
argument, collaborate first and second speaker and conclude my team argument.

Corruption may include many activities

including bribery and embezzlement. Government, or 'political', corruption occurs
when an office-holder or other governmental employee acts in an official capacity
for personal gain.

Corruption is an extraordinary crime against violence and human rights

(human rights). The reason, of violations has the same character with corruption:
widespread and systematic. Human rights violations in various places left and
trace the impact of widespread systematic, similarly the criminals who have to
destroy the country's economy. And in the end the people who do not enjoy it,
even bear the pain.

Im as the third speaker. Concluded that we all of the positive side agree if
criminals were put to death because of corruption is destroying the country's
future and the future of our society. Corruptor more harms others of the robbers
and thieves. Law in Indonesia is very weak, the punishment for corruptor just less
than 5 years and the penalties only 10% from the losses of the country. But if the
thief punishment mostly dead whereas taken little, the robbers kill only one but if
corruptor thousands of people dead and starving. This is what makes the absence
of a deterrent effect for corruptors, thus making Indonesia including in the most
corrupt countries in the world.

Corruption is not in accordance with the basis of the state of Indonesia,

Pancasila, the second principle, which is fair and civilized humanity. If kingpin
corruptor left, it is unfair and uncivilized, barbaric means that our nation. For
those who have damaged ragtag young people and depriving millions of poor
people prosper. Is fair and civilized if they are in execution.
 It should not need reasons to violate human rights, I think only people who
agree corruption who do not agree with the death penalty, if everyone has good
intentions not to corruption, would approve of the death penalty and not to be
afraid, because they have no intention of corruption. What is it with people who
do not agree with the death penalty human rights? Corruption is done because the
intention and purpose. Did anyone crazy (insane) could be corruption?

The Third Speaker of Negative Team

Name : Anandhika Arifianto

Class / Number : XII IPA 2 / 05

Thank you for the time given by the chair person. I will strengthen our
teams opinion about the disagreement of the death penalty for corruptors in
Indonesia.

As my team rebuttal, that first speaker negative said that the death penalty
which given to the corruptor is inhuman. Also death penalty is only shown that its
the country who control peoples lives.

Then the second speaker negative also argues that death penalty is not
strong supporting of law in this country and the death penalty is not suitable with
ICCPR ( International Covenant on Civil and Political rights)

As the negative team of course we do not support and do not agree that the
government should give death penalty for corruptor. From human right point of
view, my first speaker has said that death penalty is inhuman punishment although
it is used to punish even corruptor. In fact, the policy breaks the human right
which always appreciates someones life whoever he is, without some
discrimination. The purpose of punishment is rehabilitation to make someone
better, not for revenge. Death penalty does not full fill the requirements as the
good punishment.

Beside those reasons, the United Nations study has shown that there is no
statistically valid data that support the application of the death penalty to be
directly proportional to the decrease in corruption level. Both are not
proportionally related. Furthermore, death penalty is not good solution to fight
corruption. We must find out the root of the reason why people corrupt.

In the beginning of this debate my first speaker has said nobody is perfect.
It means here that everyone can do wrong action and it is common to get
punishment because of that mistake. Punishment should have good value for
himself, the society and the country so it is effective to repair the condition for all
elements. And death penalty is not good solution.

From law point of view, my second speaker said that death penalty is not
strong supporting of law in this country. It undermined human dignity, was
incompatible with Article 28 of 1945 Constitution that guaranteed the right to life
of every individual including the corruptor. And she also argues death penalty is
not suitable with ICCPR (International Covenant on Civil and Political Rights).
As we know that the Indonesian government decides to ratify the ICCPR
(International Covenant on Civil and Political Rights) into law No. 12/2005.
Furthermore, Article 28I (1) of the 1945 Constitution guarantees the right to life of
each and every Indonesian citizen, in line with the ICCPR and law No. 12/2005.
Retaining the death penalty in Indonesias penal code (KUHP) is therefore a
contradiction and proof of the inconsistency in Indonesias system of
constitutional laws.

Beside those reasons, according to Pancasila number 2 says the humanity

with justice and wisdom. So its clear that death penalty is not full fill the justice
especially for corruptor and it doesnt show the wisdom of this country.

Death penalty is not the good answer to fight corruption because there is
no statistically valid data that support the application of the death penalty to be
directly proportional to the decrease in corruption level. So we need clear
enforcement law, in other word, the most important thing is actually the honesty
of law enforcement officers. Then it can repair the bad service and bureaucracy of
the Indonesian legal system.

So, in the end, I still dont agree with the government should give death
penalty for corruptor in Indonesia.

Adjudicators I
Name : Nur Wahida Saefaddina

Class / Number : XII IPA 2 / 25

Thank you for the time given by the chair person. I will strengthen our
teams opinion about the disagreement of the death penalty for corruptors in

Adjudicators II

Name : Hana Annida

Class / Number : XII IPA 2 / 17

Thank you for the time given by the chair person. I will strengthen our
teams opinion about the disagreement of the death penalty for corruptors in

Adjudicators III

Name : Akmalia Rizke N F

Class / Number : XII IPA 2 / 03

Thank you for the time given by the chair person. I will strengthen our
teams opinion about the disagreement of the death penalty for corruptors in