Indonesian Death Penalty: Seen from the Concept Based on Human Rights (original) (raw)
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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.
Yustisia Jurnal Hukum
The execution of Death penalty in Indonesia is based on the court verdict that has had a permanent legal power. Only through the court ruling a man can be executed a death penalty upon the guilty alleged at him/her. The death penalty application in Indonesia is provided in the positive law with specific or general nature. As a country having the most verdicts with the capital punishment, either to its local citizen or to the foreign citizen who commits any offenders in the jurisdiction of Republic of Indonesia, triggering the existing of pro and contra stance on the capital punishment execution. The opposing stance based its argument on the human rights perspective, affirming that the capital punishment can be categorized as a form of savage and inhuman punishment and is in the contrary with the constitution. While the stance supporting the capital punishment execution is based on the argumentation that the perpetrator must be avenged in compliance with his/her commit, in order to g...
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.
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 the Road Ahead: A Case Study of Indonesia
ALC Briefing Paper Series, 2015
Indonesia has been criticised nationally and internationally for its use of the death penalty. Critics argue the death penalty does not deter crime and there has never been any solid empirical evidence suggesting it can. They say the objective of punishment should be to re-educate and rehabilitate people, giving them the opportunity to reintegrate with society, not to kill them. Globally only a small number of states still execute. Indonesia does give weight to these objections but domestic support for the death penalty still seems overwhelming. Few governments anywhere are willing to abolish the death penalty if they have to pay a high political cost and the government of President Joko Widodo is no exception. Some sort of compromise or alternative has to be found. One solution would be to formulate a policy respecting human rights (especially the right to life) but still allowing executions in exceptional circumstances. The Indonesian government seems to be trying to do this in it...
Abolition of the Death Penalty in Indonesia: a Conceptual Framework for Action
abolishing the death penalty in Indonesia will be a hard task, because capital punishment has powerful supporters who include (among others) the State apparatus and bureaucracy, the President, the Attorney General and religious leaders. In Indonesia human rights organizations such as KontraS and IMPARSIAL are currently working to abolish the death penalty. We should work with them by promoting a moratorium on the death penalty in a number of ways, such as raising public awareness, celebrating Anti-Death Penalty Day on October 10 every year, and through advocacy until Indonesia ratifies the Second Optional Protocol of ICCPR. Until that time, Indonesia will continue to violate the right to life.
PRINCIPLE OF FORMAL LEGALITY: DEATH PENALTY IN THE INDONESIAN NATIONAL CRIMINAL CODE
TLaw number 1 of 1946 concerning the Criminal Code, which covers one of the main crimes involving the death penalty, is the source of criminal punishment. However, regarding the implementation of death penalty sanctions against perpetrators of criminal acts, there is still a fairly serious debate about execution, which still relatively does not provide legal certainty. Moreover, after Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code, there is a new breakthrough that the death penalty is no longer the main crime but a special crime that is threatened alternatively with the death penalty. The purpose of this study is to see how important the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code is to repeal the conditional death penalty. The research specifications used are descriptive and include data collection techniques using literature studies. The normative juridical approach is used by examining several norms. The results showed that Law Number 1 of 2023 concerning the Criminal Code can allow the death penalty as a death penalty after good behavior for 10 (ten) year's probation and obtain the approval of the President after consideration by the Supreme Court. After that, the sentence can be changed to life imprisonment. As mentioned in paragraph 4 of Article 100, the provision of the death penalty is conditional with the word "may". As a result, it is unclear whether the death penalty can be replaced with a life sentence. This shows that the time limit for his criminal probation period is too long. As a result, the judicial process is not yet clear about when the president will make a decision.