The death penalty in Indonesia has long been applied before any written law in Indonesia, starting from the time when the empires rule in Indonesia today. This study aims to determine the existence of the death penalty in Indonesia. This study uses normative research through primary data, secondary and tertiary. Sources of data obtained from the literature reviews, journals, interviews and legislation in force. The death penalty is taken for the analytical data as it is one of the problems that has raised either national or international pros and cons. The death penalty is the harshest punishment in the sentencing system, because it can cause tremendous deterrent for criminals. It can be concluded that the death penalty still has to be maintained due to the high of Indonesia's current crime rate. For now expediency and fairness, the authors compared the state of Malaysia, which still retain death penalty.