Implementation Of The Death Penalty In The Legal System Indonesiahuman Rights Perspective

Implementation, Death Penalty, Human Rights

Abstract

The implementation of the death penalty continues to generate debate among experts. The results of the discussion concluded that the regulation of the death penalty regarding Law Number 1 of 2023 concerning the Criminal Code in Indonesia which has been enacted since January 2, 2023, provides new hope for increasing respect for human rights. With several considerations such as the good behavior of the defendant, the defendant's commendable actions, and other mitigating factors, it can be used as a "tool" by the defendant to avoid the actual death penalty and be replaced by another sentence (life imprisonment). And if the defendant fails the probationary period as described in Article 1 of the Criminal Code, by not showing good attitudes and behavior and without hope of improvement, then the death penalty will still be imposed. The implementation of the death penalty in Law Number 1 of 2023 concerning the Criminal Code is stated in Article 100, namely the conditional death sentence. The convict will be given a 10-year probationary period for the convict to do well in prison. If during the 10 years he does good, his sentence can be commuted to life imprisonment by Presidential Decree. The application of the death penalty in Law Number 1 of 2023 from a human rights perspective is based on the Constitutional Court's decision in MK Decision No. 3/PUU-V/2007, which states that the death penalty for serious crimes is essentially a form of restriction on human rights