Indonesia's constitutional court this past week rejected a legal challenge by three convicted Australian drug smugglers who were attempting to have their death sentences overturned.

Lawyers representing members of the so-called Bali Nine, as well as two Indonesian drug smugglers, argued that the death penalty was unconstitutional because the Indonesian constitution guarantees a right to life.

But the panel of nine judges dismissed their arguments, saying that being executed for serious crimes such as drug trafficking was not unconstitutional, nor did it undermine human rights.

Indonesia Correspondent Geoff Thompson was in court for the decision.

John North, Scott Rush's lawyer: It's a horrible circumstance for a young man who is 21 to be told that something as important as this has come against him six-three.

Geoff Thompson: This could have been a day when history was made, an opportunity for Indonesia's constitutional bench in its sparkling new court to break with the past. But that was not to be.

First, as foreigners, the Bali Nine's ring leaders, Andrew Chan and Myuran Sukumaran, and their drug mule, Scott Rush, were deemed to have no right to bring their death penalty challenge before the court.

The lawyers saw this coming, and had attached to their case two Indonesian women also facing death for drug trafficking. And so, a ruling was made against the fundamental arguments that Indonesia's constitution guarantees a right to life, and that drug offences are not serious enough crimes to attract the death penalty.

‘All are rejected’, declared Chief Judge Jimly Ashidiqie.

A decision against the death penalty would not have reversed the death sentences of either of the Bali bombers, or the Bali Nine, but it would have made it difficult for Indonesia's President to permit their executions.

The opposite also applies. The decision supporting the constitutionality of the death penalty, and a direction from the Chief Judge that all on death row should be executed soon, actually darkens hopes in Indonesia and elsewhere.

”It is a major blow…” Todung Mulya Lubis

Todung Mulya Lubis, human rights lawyer: It is a major blow, and I think not only for them but for everyone who are facing that sentence, because this will make the Indonesian workers, migrant workers who also face death penalties in other countries, have no defence, none whatsoever.

Any attempt by the Indonesian Government to defend them would have no basis, would have no legal or moral basis.

Geoff Thompson: By a majority of six to three, the court found that the right to life was not absolute, and questioned the focus of the Bali Nine's lawyers on the rights of criminals, as opposed to the victims of drug traffickers.

The head of Indonesia's National Narcotics Board was pleased with the result, and not surprised.

Made Mangku Pastika, Head of the Indonesian Narcotics Board: Since the first time of the court, I think I already am very sure that the decision is this.

Behind that penalty there are many lives. I don't think these are only for the Australians; this is for all people not exception for Indonesians.

”They will have to find flaws in the original decisions.” Tim Lindsey

Tim Lindsey, University of Melbourne: They will have to find flaws in the original decisions, and their prospects of success in final rung of appeal are not very strong.

The final course for them will then be to seek clemency from the President. Again their positions are weak. The President has said that he will not exercise his powers of clemency in the case of serious drug offenders, as these are with close to 10 kilograms of heroin.

Geoff Thompson: It appears the momentum of Indonesia's anti-drugs campaign is just too strong for any court to counter.

John North: I think we really need to look at the dissenting opinions, to note the court on this very important issue for Indonesia is divided, and that there is room for movement. This issue will be looked at again, no doubt, given today's decisions.

Geoff Thompson: The only real hope for the Bali Nine and Indonesia's other death row drug convicts comes from the court's recommendation that a legal change at least be considered, so that if those on death row survive long enough to behave well for ten years, their death penalties be commuted to life.