Journal of Legal, Ethical and Regulatory Issues Volume 24, Issue 2, 2021 1 1544-0044-24-2-646 THE WAY TO HEAVEN INDOCTRINATION AND INEFFICIENCY OF DEATH PENALTY AS TERRORIST DETERRENCE Manotar Tampubolon, Faculty of Law, Christian University of Indonesia Fernando Silalahi, Faculty of Law, Christian University of Indonesia ABSTRACT This article focuses on the death penalty as a deterrent to terrorism crime in Indonesia. Earlier proponents agree that the death penalty should be useful as often as possible to prevent future crimes and provide a sense of justice and moral order. However, abolitionist agrees that the death penalty does not address future murders. Execution is brutalization and human sacrifice without consistent or reliable evidence that executions de jure availability had a deterrent effect on homicides-death penalty as undeniably cruel, inhuman, and degrading. The death penalty does not deter criminals; imprisonment is more significant as a deterrent against the perpetrator. This is doctrinal research that uses a religious-legal approach and use indoctrination theory to assess the problems. The result shows there is no significant effect of the death penalty on crimes of terrorism in Indonesia due to indoctrination that killings humans are a way to heaven to meet angles heaven. Keywords: Death Penalty, Deterrence, Terrorism, Indoctrination, The Way To Heaven. INTRODUCTION The abolition of the death penalty from Indonesian law is one of the most controversial issues nowadays (Makarim, 2014). As a retentionist, death penalty is currently in force in Indonesia (Death Penalty Information Center, 2017) through some legislation such as Article 340 of the Criminal Code concerning crimes against life or premeditated murder. Article 59 paragraph (2) of Law Number 5 of 1997 concerning Psychotropics. Article 113 paragraph (2) of Law Number 35 of 2009 concerning Narcotics. Article 2 paragraph (2) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes. Although the death penalty applies to these crimes, it does not have a deterrent effect on individuals and society to re-commit crimes. In 2020 alone, there have been approximately 100 (defendants) sentenced to death due to drug cases throughout Indonesia (Malau, 2020). Also, from 1998-2013, the average conviction per year was 13.13 death sentences. Meanwhile, from 2014-2019, the death penalty number averaged 44.2 per year (Faiz, 2019). Furthermore, in the Jokowi era, there were at least 221 death sentences in the past five years handed down at various courts in Indonesia. Of these, 166 people sent to death for drug cases, 51 people for murder, three for theft with violence, and one person for terrorism cases (Faiz, 2019). Though the death penalty has been in effect for several decades, the crime rate in the terrorism remains high (Masykuri, 2016). From January to December 2019, there were approximately 296 terror suspects in the country (US Department of State 2019). It means that