An Analysis of the Death Penalty in Indonesia Criminal Law

Eddy Rifai

doi:10.28946/slrev.vol1.iss2.44.pp191-200

Abstract

This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.

Highlights

The problem of the death penalty in Indonesia does arise in the criminal stelsel as stated in Article 10 of the Criminal Code regarding the sentence of death and the other several criminal laws, but is found in the process of executions
The process of implementation of the death penalty in Indonesia apparently does not have a clear timetable for execution, since there is death penalty execution that is done faster, there is the execution that is very long since the verdict is asserted to inmates
The decision of the Court above does not provide a solution to their death row inmate who delays the execution, when the death row inmates said they would use their rights to apply for a judicial review (PK) or a pardon, but did not specify when

Summary

INTRODUCTION

The problem of the death penalty in Indonesia does arise in the criminal stelsel as stated in Article 10 of the Criminal Code regarding the sentence of death and the other several criminal laws, but is found in the process of executions. The execution as asserted in Article 11 of the Penal Code stated that: "Death punishment run by the executioner is in the hanger with a rope attached to person's neck drop the board to make convict standing" This provision is considered incompatible with the development of sentencing in Indonesia, since one of its objectives is "Punishment is not intended to make suffering and is not allowed to degrade", so that the new arrangements was held on the implementation of the death [ 190 ]. The existence of the death penalty is associated with the philosophy of Pancasila and human rights, as well as the issue of capital punishment implementation process relating to Fair Trial and human rights. Based on the above description regarding the problem in this research, we assert that first, how is the implementation of executions in Indonesia carried out? Second, how is political death penalty law in Indonesia carried out?

METHODS

CONCLUSION