The Juridical Review of Death Penalty Imposition in Indonesia Seen From a Human Rights Perspective

Angelo Neves

Abstract


Pancasila is the source of all sources of law, including criminal law. The meaning of Pancasila mustanimating the goals of criminal law. In other words, apart from having to reflect Pancasila, criminal purposes must also be implemented with the spirit and soul of Pancasila. Indonesia is one of the countries that consistently enforces capital punishment in its national law amidst the debate over the existence of capital punishment. The pros and cons that always arise regarding the death penalty are nothing but always associated with violations of human rights. The application of capital punishment by the State through a court decision means that the State takes away the convict's right to life which is a human right that cannot be restricted (non-derogable) in nature. Therefore its application must pay attention to the human rights of convicts. The purpose of this study is to determine the death penalty for the perpetrators of crimes, whether or not it conflicts with human rights and the criteria for imposing capital punishment for perpetrators of crimes that do not conflict with human rights. The method used is a normative juridical approach using secondary data. It can be concluded that the imposition of capital punishment is contrary to human rights and the determination can be justified on the basis of defending human rights and only for crimes that are beyond humanity.

Keywords


Death Penalty; Human Rights; Pancasila.

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References


Journals:

Bungasan Hutapea, An Alternative to Death Penalty in Indonesia From a Human Rights Perspective, Journal of Human Rights Research Volume 7 Number 2 of 2016

Melisa Dewi Nuraini, Imposition of Death Penalty in the Perspective of Human Rights, KIMU Journal 4, Sultan Agung Islamic University, 2020

Ni Komang Ratih Kumala Dewi, The Existence of Death Penalty in the Criminal Code (KUHP), Journal of Legal Communication (JKH) Ganesha University of Education, Vol. 6 No. 1, 2020

Rosa Kumalasari, Death Penalty Policy in a Human Rights Perspective, Diponegoro University Journal, 2017

Books:

Djoko Prakoso, 1987, Death Penalty Issues, Jakarta: Bina Aksara

Moeljatno, 1999, Book of Criminal Law (KUHP), Jakarta: Bumi Aksara

Soekanto, S. (n.d.). And Sri Mamudji. 2003. Normative Legal Research, A Brief Review. Sixth Printing. Jakarta: Radagrafindo Persada;

Soerjono Soekanto & Sri Mamudji, Normative Legal Research (A Brief Overview), Jakarta, Rajawali Press

Sudarto, 2010, Capita Selekta Criminal Law, Bandung: Alumni

Regulation:

Chief of Police Regulation Number 12 of 2010 concerning Procedures for Executing Death Penalties

Criminal Code Act No. 39 of 1999 concerning Human Rights

The 1945 Constitution of the Republic of Indonesia

Internet:

https://ejournal.undiksha.ac.id/index.php/jkh/article/view/23444/14343




DOI: http://dx.doi.org/10.30659/ldj.4.4.566-573

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