THE EFFECTIVENESS OF THE THREAT OF THE DEATH PENALTY FOR PERSONS OF THE CRIME OF MURDER IN INDONESIA FROM A LEGAL AND HUMAN RIGHTS PERSPECTIVE

MARIA KRISPINA HALOHO, NPM 2102403190 (2024) THE EFFECTIVENESS OF THE THREAT OF THE DEATH PENALTY FOR PERSONS OF THE CRIME OF MURDER IN INDONESIA FROM A LEGAL AND HUMAN RIGHTS PERSPECTIVE. Tugas_Akhir (Artikel) IJECK International Journal of Economy, Computer, Law, Management and Communication, 2 (1). pp. 17-24. ISSN 2986-4852 (e-ISSN)

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Abstract

The aim of the research is to determine the regulations regarding the death penalty that apply in Indonesia and the effectiveness of the threat of the death penalty for perpetrators of the crime of murder in Indonesia from a human rights perspective. Until now, the death penalty carried out in Indonesia is no longer visible, we can see this from the case of Ferdy Sambo, former Head of the Propam Division of the National Police Headquarters who was accused of the premeditated murder of his subordinate, Novriansyah Yosua Hutabarat or Brigadier J. In accordance with the decision The district court panel of judges imposed the death sentence, but on cassation, the death penalty was reduced to life imprisonment. This research uses Normative Law research. Discussion Results: first, the regulation of death crimes in Indonesia. Death penalties in Indonesia are regulated based on article 10 of the Criminal Code in conjunction with article 11. Article 10 of the Criminal Code states that there are 2 types of criminal acts, namely basic crimes and additional crimes. The main punishment consists of: death penalty, prison sentence, imprisonment and fine. Meanwhile, additional punishment consists of: Revocation of certain rights, confiscation of certain items and announcement of the judge's decision. Furthermore, Article 11 of the Criminal Code states: "The death penalty is carried out by the executioner at the hanging place by tying the rope tied to the gallows around the neck of the convict and then dropping the board on which the convict is standing." The procedures for carrying out the death penalty are regulated in Law no. 2/PnPs/1964. Updates in the Criminal Code (KUHP) Number 1 of 2023 concerning the latest Criminal Code which regulates a probation period of 10 years, if during the 10 year probation period the convict shows a good and commendable attitude then the sentence can be reduced to life imprisonment, however If the convict shows the opposite attitude, the death sentence will still be carried out. secondly, the threat of the death penalty for perpetrators of the crime of murder in Indonesia from a human rights perspective does not work effectively, considering that the death penalty is considered a cruel and inhuman punishment because it is contrary to human rights, namely the right to live longer. The right to life is clearly guaranteed in the 1945 Constitution Article 28A paragraph (1). Keywords : Efektifitas, Threat of Punishment, Death Penalty, Perpetrators, Crime of Murder, Human Rights.

Item Type:	Article
Uncontrolled Keywords:	Efektifitas, Threat of Punishment, Death Penalty, Perpetrators, Crime of Murder, Human Rights.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	Unnamed user with email repository@ulb.ac.id
Date Deposited:	18 Sep 2024 08:57
Last Modified:	18 Sep 2024 08:57
URI:	http://repository.ulb.ac.id/id/eprint/1124

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