Abstract: This research examines the existence of death sentence in Indonesian legal system. It uses normative approach, that is, to analyze regulations related to death sentence. Discussion indicates that death sentence in Indonesian legal system is still controversial. Death sentence is contradictory with non derogable rights that is it is not deductible in any way even by the state. This can be found in several rules among other things: in Chapter XA of Constitution 1945, Article 4 of Act No. 39/1999 on Human Rights and Article 7 of Act No. 26/2000 on HAM trial. Death sentence is still operative in some rules in Indonesia. For instance, in the decision made by supreme court which becomes international issue is the case of one member of Bali Nine, namely Myuran Sukumaran (No. 38PK/Pid.Sus/2011). MS was sentenced to death by PN Bali because of narcotic case. The verdict was confirmed to the level of cassation. Based on the verdict of cassation he requested judicial review. The PK request questioned death sentenced imposed on him. In one of the reason in his cassation, he raised the issue of ICCPR and rights to life governed in the amended constitution 1945.