Currently the universal abolition of death penalty movement exists to promote the total abolishment of death penalty universally. The International Covenant on Civil and Political Rights (ICCPR) adopted by United Nations Assembly on 1966 does not abolished the death penalty but it gives strict limitations to countries which have not abolished the death penalty and may imposed sentence of death only for the most serious crimes. However ICCPR does not explain explicitly the definition of most serious crimes. Indonesia is one of the countries that retain death penalty. Based on KUHP, Death Penalty still exists for several crimes such as drug crimes. The goal of this legal research is to find the existence and the purpose of death penalty in Indonesia as a state party to ICCPR. The result of this legal research will demonstrate how the existence of death penalty in Indonesia as the party of ICCPR and also at the same time as a country that holds Pancasila and UUD 1945 as its principles. The possible result of the above-mentioned may explains the difference between Indonesia and several countries that abolished death penalty