SEVERAL STRATEGIES TO ABOLISH THE DEATH PENALTY IN DEVELOPING COUNTRY

The death penalty practice have been an issue in various country. Since the deployment of the ICCPR, there are many country have succesfully abolish the practice of the death penalty or put it in to a moratorium. This international regulation is also affected the developing country. From all over country around the world, several developing countries are still actively use the death penalty as their capital punishment. They argued that executing people have successfully decrease the level of crime in their country. However, it is important to understand that the international regulation are ordered country to abolish the death penalty. This article then will give several strategies for developing country in order to promote the abolishment of the death penalty in all condition. Keyword: Death Penalty; Abolition; Strategy. ABSTRAK Hukuman manti telah menjadi isu yang krusial di berbagai negara. Semenjak adanya ICCPR, telah banyak negara-negara di dunia yang menghapus praktik hukuman mati atau meletakkannya dalam sebuah moratorium. Regulasi internasional ini kemudian juga berlaku bagi negara berkembang. Dari sekian banyak negara di seluruh dunia, bebera negara berkembang masih secara aktif menggunakan hukuman mati sebagai hukuman tertinggi di negaranya. Negara berkembang tersebut berendapat bahwa dengan melakukan eksekusi terhadap pelaku kejahatan telah terbukti dapat menurunkan angka kriminalitas di negara tersebut. Hal ini kemudian bertentangan dengan semangat internasional untuk dapat menghapuskan praktik hukuman mati. Sebagai kesimpulan, artikel ini akan menawarkan beberapa langkah bagi negara berkembang untuk dapat menghapuskan praktik hukuman mati bagi negaranya. Kata Kunci: Hukuman Mati; Penghapusan; Strategi.

death penalty is not only arisen in a major power country such as the United States, but also affected the developing country.

B. RESEARCH METHOD
This research using normative method in order to accomplish the article (Yani, 2011).
Moreover, the approach that used in this article is statutory approach followed by analysing the secondary data (Asikin, 2004). Lastly, in order to examine the problem, this article adopt the deductictive reasoning in order to change the general condition in to more specific logic and reality (Soekanto, 1984).

DEVELOPING COUNTRIES
In relation to the fulfilment of human rights in developing countries, there are several critical issues which can be considered obstacles for developing countries. Such factors include corruption and mismanagement, and personality politics (Monshipouri, 2001). Furthermore, Baral argues that many developing countries continue to struggle to find a suitable political model in order to establish a 'just, dynamic and exploitation-free society' (Baral, 1981). A number of developing countries suffer from 'soft-state syndrome' (Myrdal, 1968) which begins with the failure of the enforcement of human rights legal instruments. This causes an inappropriately designed legal development regarding human rights (Goodpaster, 2003). Goodpaster argues that this is caused by insufficiently analytical and strategic politics, not only in the sense of common politics but also social and cultural transformations which require a political response from the regime (Goodpaster, 2003).
It is important to promote a universal culture of human rights based on a common humanity which at the same time respects the diversity of cultures (Mahoney, 2007). Since human rights have become an international issue, developing countries should also fulfil their obligation to enforce international human rights legal instruments. However, this effort has met with obstacles in developing countries (Monshipouri, 2001). At the same time, Risse and Ropp argue that 'human rights campaigns should be about transforming the State, not weakening or even abolishing it' (Risse & Ropp, 1999). The remaining part of this section will discuss several factors, namely economic, social and political ones, which contribute to the development of human rights in developing countries.

C.1. Economic factor
There is a relation between economic growth and the development of human rights in a developing country. The relation between the two different things could occur because of the inequality of the international economic growth, which has been wider among the state (Heredia, 1997). Monshipouri argues that some 'critical issues such as unequal access, distribution, and uneven access to information have intensified the tensions within the developing countries' (Monshipouri, 2001). Moreover, a state of inequality will lead a developing country into a state of widening poverty, with sharpened inequalities, increased number of crimes and less safety (Malley, 1999). These clearly affect the human rights aspects of a developing country. In such conditions, a poor-country government would face extreme difficulties creating a long-term policy, particularly in relation to the protection of human rights (Gershman & Erwin, 2000). So too, inequality of international economic growth will undermine the ability of a developing country to give the highest protection of human rights (McCorquodale & Fairbrother, 1999).

C.2. Social and political factors
Most developing countries emerged from colonial regimes and transformed from this into a liberal constitutional democracies based on the recognition of the existence of every man (Emerson, 1975). For such a country, the political structure would be based on the old regime, with the educated elite taking over the running of the government (Emerson, 1975). This weakness can have an impact on the development of human rights in developing countries.
According to Goodpaster, the government will be so weak and untried, which could be very dangerous (Goodpaster, 2003). The social condition of the people who live in a developing country is also affected by this particular circumstance. People cannot enjoy their own rights such as political freedom, and the liberation and preservation of freedom (Pardesi, 1976).
Moreover, those kinds of rights will only work as long as there is a relation between those rights and the promotion of economic development (Pardesi, 1976). According to Konz, in some developing countries there is a need for major reform of the governmental, political and legal system in order to increase the promotion of human rights (Konz, 1969). Since developing countries are also part of a huge international community, the enforcement of international human rights law also becomes an obligation for such a country not only as a soft law but also as a hard law (Baxi, 2008 (Hood, 2002).
Research conducted by Rankin shows that people who live in developing countries are likely to support the death penalty for some criminals (Rankin, 1979). They are also more likely to be supportive of the death penalty compared to people who live in countries which oppose harsh and invasive criminal justice tactics (Rankin, 1979

D.2. Religion
Religion is one of the reasons for judges to punish someone who has committed a crime. A state with a religious affiliation may mean that its religion influences its system of law, such as Islam with its Shari'a law in Saudi Arabia and Pakistan (Miller & Hayward, 2008 In the international level, systems of law are not subordinate to universal international law, but correlated to it. At the time, there were three emerging regional system of international law: Latin-American, Asian, and European international law. Today, there are three well established regional inter-governmental legal bodies: the Organization of American States, the Organization of African Unity, and the Council of Europe which lead into regional customary law and multilateral agreements (Rosen & Journey, 1993 (Knop, 2000). Therefore, an international law instrument can become a valid consideration for the judge who uses domestic law as the main consideration in a verdict.
Another argument from retentionist states is that the human rights issue is not a matter of international law. This argument can be easily countered by the fact that, in practice, international law has become 'common law' for every country in the world whether they are a state party to a convention or not. The customary law of international practice can easily turn into an obligation if the majority of states in the world accepted the behaviour as law (Elias, 2012).
Subsequently, following acceptance of the behaviour as international law, the other states would be bound by the law as it is internationally accepted (Rehman, 2002). In the context of the abolition of the death penalty, the fact that the amount of states that have abolished the death penalty has risen every year can be a primary consideration for the remaining developing countries to accept the international law that aims to abolish the practice of the death penalty. the application of the death penalty and provide an alternative that respects human dignity.

G. CONCLUSION
This final chapter will draw a conclusion from the research that has been conducted in