Progressive Legal Perspective on the Death Penalty in Criminal Law Reform in Indonesia

Abstract

This research aims to analyze the punishment of the death penalty in positive law and the reform of criminal law in Indonesia in relation to Article 100 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code from a progressive legal perspective. This research uses a normative legal approach. The theoretical approach taken is to use the theory of legal objectives, the theory of justice, the theory of punishment, and various other legal theories that are relevant in supporting an appropriate analysis of the death penalty in the Indonesian ius constitutum and ius constituendum. Based on the research, it can be concluded that 1) the Criminal Code as Ius Constitutum is a Dutch colonial legacy and the current theory of punishment in the death penalty which is applied adheres to the Relative Theory (Purpose Theory) but is not strictly regulated in the form of norms. The death penalty sanction in Indonesian positive law is found in a number of laws both inside and outside the Criminal Code. 2) Law Number 1 of 2023 concerning the Criminal Code has formulated and emphasized the Relative Theory (Objective Theory) in the form of norms as a means of preventing crime. Article 100 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code also regulates the concept of a conditional death penalty which focuses on improving the behavior of the convict in order to obtain a change in the sentence from the death penalty to life imprisonment with several conditions. Law Number 1 of 2023 concerning the Criminal Code as Ius Constituendum generally reflects criminal law reform which is progressive in nature and focuses on the human side of punishment, but still requires improvement in determining the appropriate criteria as a condition for imposing a conditional death sentence. by the judge.