Lifetime Imprisonment in the Perspective of Human Rights

Abstract

Lifetime imprisonment applied in Criminal Justice System in Indonesia and it raised pros and cons in the practices. However, this kind of punishment has a long time history for Indonesian criminal law. On the other side, this punishment often criticized by legal experts especially related to human rights. The Republic of Indonesia has guaranteed the protection of human rights, based on the provisions of the law, and not including the will of a person or a group that can be the basis of power. In this case, the 1945 Constitution has regulated the human rights that have been enshrined and described in article 28 letter A to article 28 letter J. therefore, the certainty in the article can be attributed using Law No. 39 of 1999 on Human Rights which explains that everyone has the right to live in a peaceful, secure, and peaceful society and state that respects, protects, and fully implements human rights and basic human obligations as regulated in this law. The implementation of life sentence decisions in the Indonesian legal system contradicts human rights, namely the right to live independently in accordance with the values ​​of pancasi1a and the 1945 constitution. In the criminal system in Indonesia, life imprisonment is one of the alternatives to the death penalty. Lifetime imprisonment is related to the subsidiary function which is a substitute for a criminal who is punishable by a maximum death penalty. The punishment is the classification of criminal sanctions that can be selected in its implementation.