PRINCIPLE OF FORMAL LEGALITY: DEATH PENALTY IN THE INDONESIAN NATIONAL CRIMINAL CODE (original) (raw)

An Analysis of the Death Penalty in Indonesia Criminal Law

Sriwijaya Law Review

This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates ...

Death Penalty and Rights of Inmates on the Death Row Under Indonesia Criminal Justice System

Problematika Hukum, 2019

Indonesia has executed approximately 84 inmates in the death row since 1998. Indonesia actively performed death execution until 2016. After 2016, although no execution has been done, there was a death penalty dropped in 2018. In relation to that, death penalty is stipulated in Indonesia Criminal Code (KUHP and other penal codes outside KUHP) and this makes Indonesia as a retentionist country. Death penalty delivers a death row. Death row is a prolonged death execution, which usualy measured in years. This situation caused a double-punishment, where the convicted must serve in an isolation room in prison, while waiting to be executed. This waiting period seems unavoidable due to some factors. Using normative-empirical research method, this research aims to bring the fact that in Indonesia, there are several factors that have been causing a death row. In this research, this situation is tested using state responsibility principle and some international conventions Indonesia has ratified. The absence of provision related to maximum death execution time after verdict is binding without further objections, together with the hierarchical system of court trial in Indonesia is the cause factor for the prolonged death execution. To encounter this situation The Government of Indonesia is proposed to (1) for short term goal, regulate strictly about the implementation of death execution; (2) for long term goal, to abolish capital punishment from the justice system.

Progressive Consideration of Judges in Deciding Sentencing Under Indonesia New Criminal Code

Jambe Law Journal, 2023

The WvS Criminal Code of the Dutch colonial legacy does not formulate the objectives and guidelines of punishment in it, there are only rules for retaliatory criminal provision. The National Criminal Code has formulated explicitly the purpose and guidelines of punishment in it as a reference for judges in sentencing crimes. The purpose of this study is to analyze the basic idea of the objectives and guidelines of punishment which then the objectives and guidelines of the punishment will be a progressive consideration of judges in deciding the criminal conviction of criminal offenders. The research method used is normative legal research. The focus of the research analysis is on the concept of norms Article 51 to Article 54 of the National Criminal Code concerning the objectives and guidelines for punishment. Using the Law approach and analytical approach in explaining problems with the study of literature literature. The results of the study concluded that the basic idea of the purpose and guidelines of punishment is how criminal punishment can be humanist and in accordance with the values of Pancasila. There are at least 3 points that are considered as the

Death Penalty and Human Rights in Indonesia

International Journal of Criminology and Sociology, 2020

The aim of the research was to investigate whether the applicable death penalty in the Criminal Laws of Republic of Indonesia violates the human rights or not. To achieve the objectives of the research, both legal research and social-legal research method were used. Then, the respondents of the research were the representative supreme courts, official commissions, law experts, religious leaders and non-governmental organization. Depth interview and document study were chosen as data sources of the research, then, interview guidelines, note-taking, and voice recorder were used to be the instruments of the research. Death penalty is not contradictory with human rights as stated in Presidential Regulation No 2 of 1964 discussing the death penalty in Indonesia is applicable for those who commit serious crimes, namely; murder, drug possession, terrorist, and corruption. It is also corresponding to International Covenant on Civil and Political Rights, Article 7 Verse (2) – (6), which is stated that death penalty must be performed in proper methodology without both imprisonment for years and mental suffering. Death penalty is legally stated in Indonesia law that it is not recognized as cruel action in which the death penalty have never been resulting both physical and psychological pain as well as stated in Covenant and Political Right.

FORMULATIVE POLICY OF DEATH PENALTY FOR CORRUPTORS IN INDONESIA

Prizren Social Science Journal , 2020

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.

Legal Comparison against the Death Penalty Sanctions regulated in the Positive Laws of Indonesia and China

Corruptio, 2021

Corruption is a severe problem worldwide, so it takes a strict rule of law and strong law enforcement efforts to eradicate it. China's legal system has proven to be effective in reducing corruption among state officials. One of China's anti-corruption efforts is to impose harsh penalties on perpetrators, including the death penalty. In light of this success, this study will conduct a legal comparison with the death penalty, which is regulated in Indonesian and Chinese positive law. The type of research used is normative juridical with a conceptual and statute approach. The data processed in this study include primary data and secondary data with data collection techniques and management using a literature review. The findings of this study highlight the threat of the Death Penalty, as outlined in Article 2 Paragraph (2) of the Corruption Crime Act, which focuses on corrupt acts committed under certain conditions. In Indonesia, no one has ever been sentenced to death for corr...

Implementation of the Applicability of the Death Penalty in Indonesia Through a Review of Pancasila-Based Islamic Law

Eduvest - Journal of Universal Studies

Islamic law provides a sense of justice including in the threat of sanctions for crimes committed, Islamic law places punishments commensurate with the crimes so as to create a sense of deterrent effect for perpetrators and society. Including the death penalty. This paper raises two issues that will be discussed, namely: How is the contribution of Islamic law in determining death penalty laws in Indonesia and how is the legal politics of death penalty provisions applicable in Indonesia based on Pancasila? The Normative Juridical Approach is used as the writing technique of this research. This study aims to conduct legal research using library materials, secondary data, and original data as additional data. From the discussion of this paper, it can be concluded that the existence of Islamic law, especially regarding the death penalty in Indonesia, has a very strong contribution to punishment in general in Indonesia. Because Islamic law, especially in the case of the death penalty, de...

Institutionalization of the Indonesian Civil Execution Law (TICEL)

Journal of Law, Policy and Globalization, 2015

The aim of this institutionalization for defining: (1) how to institutionalize (2) legal scope, (3) principles and (4) definition of The Indonesian Civil Execution Law (TICEL) as one of the jurisprudence. Institutionalization is based on normative legal research, through an inventory of materials obtained legal norms are then processed into TICEL. Legal materials processing include grouping, linking, comparing, explaining, concluding, harmonizing and synchronizing based on philosophy and legal doctrine. Based on the known processing, the scope of TICEL classified according to the object, the subject, by execution with or no determining steps, the results and procedures; the principles of TICEL, including TICEL as well as the public of law, the legal certainty, accountability, proportionality, the enforcement execution is the enforcement of the state authority, the judge’s decision is not the only object of execution and neither the court as the subject of execution, the state recei...

The Shift Paradigm of the Death Penalty in the Draft Criminal Code

Unram Law Review

This study aims to determine the concept of the death penalty in the future Indonesian criminal law. The method used is a normative research method. The approaches in this research are the statute approach, conceptual approach, historical approach, and comparative approach. The conclusion based on the results of the research, the death penalty in the Draft of the Penal Code is no longer a primary punishment but has separate rules. The provisions of the death penalty in the Draft Penal Code is particular and as an alternative punishment. The purpose of this death penalty provision includes giving broader consideration for judges in giving decisions as not arbitrary towards the convicted; give more attention to the objectives of the punishment. Additionally, the provision advocates the death penalty as a last resort in protecting the community, as the judges shall look for other punishment as an alternative to the death penalty. The Draft of the Criminal Code bases on Neo-Classical s...