Abstract
The execution of Death penalty in Indonesia is based on the court verdict that has had a permanent legal power. Only through the court ruling a man can be executed a death penalty upon the guilty alleged at him/her. The death penalty application in Indonesia is provided in the positive law with specific or general nature. As a country having the most verdicts with the capital punishment, either to its local citizen or to the foreign citizen who commits any offenders in the jurisdiction of Republic of Indonesia, triggering the existing of pro and contra stance on the capital punishment execution. The opposing stance based its argument on the human rights perspective, affirming that the capital punishment can be categorized as a form of savage and inhuman punishment and is in the contrary with the constitution. While the stance supporting the capital punishment execution is based on the argumentation that the perpetrator must be avenged in compliance with his/her commit, in order to give a deterrent effect for others who want to commit similar offense. Nevertheless as a matter of fact, there are still many similar offense occurred though capital punishment has been implemented.<br /><br />Keywords : Capital punishment, rights to live and human rights.
Highlights
The death penalty has been carried out since centuries years ago in various parts of the world
In Indonesia, the death penalty is known through provision of positive law in Indonesia which is based on Wetboek van Strafrecht were endorsed as the Penal Code by the Dutch government on January 1, 1918
The existence of the death penalty has been stipulated in the legislation, but the existence always lead to disagreement among the people of Indonesia
Summary
No one knows on since when the death penalty was held in Indonesia. the death penalty has been carried out since centuries years ago in various parts of the world. On the other side, people opinion that death penalty is contradicted with the second amendment of the Constitution of The Republic of Indonesia on Article 28 A, Article 28 I clause 1, Article 28 J clause 1; and the Law Number 39 of 1999 on Human Rights on Article 9 clause 1. Against defendants in drug cases, but in all forms of crimes; including the most sadistic murder once (such as genocide) This opinion is supported by Ifdhal Kasim, of the National Human Rights Commission, who said that the death penalty applies in the United States, in this case the Indonesian people should not imitate the Americans.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
