The Death Crime Arrangements in the New KUHP Reviewed from the Perspective of the Purpose of Punishment Theory

Abstract

The death penalty often has pros and cons in its implementation. The death penalty is considered to violate human rights, but on the other hand, the death penalty is considered to have a deterrent effect on perpetrators and society so that they do not commit similar crimes. In the reform of the Criminal Code, the death penalty is still maintained even though its nature is different from that in Wetboek van Strafrecht, namely that the death penalty is no longer the main punishment but rather an alternative punishment. This study aims to analyze the death penalty regulations in the new Criminal Code using normative juridical methods. Based on the concept of capital punishment in the new Criminal Code, it is based on the concept of balance between the interests of the individual (perpetrator of the crime) and the interests of the wider community in general, especially the victim; balance of interests of perpetrators and victims of crime; a balance between material and formal aspects as well as a balance regarding legal certainty and the elasticity/flexibility of punishment. The concept of the death penalty in the new Criminal Code is in accordance with the theory of relative criminal objectives/utilitarian viewThe aim of punishment must be directed towards prevention efforts so that in the future the crime does not happen again. However, it is necessary to reconsider the application of the death penalty against perpetrators of widespread crimes such as corruption and drug trafficking. There is also a need to harmonize laws and regulations outside the Criminal Code which still apply the death penalty.