Imposition Of Death Penalty Research Articles

PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TERORISME DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA

Children of terrorism cannot be considered as perpetrators of crimes, but victims of crime, victims of terrorism networks, victims of doctrine, exploitation of thoughts, propaganda from parents or adults around them so they must be protected specifically. Children like this should not be imprisoned, but must be educated, given counseling, rehabilitated and social assistance. Judging from the Law on the Juvenile Criminal Justice System, the imposition of death penalty and life imprisonment does not apply to perpetrators of criminal acts of terrorism who are under 18 years of age or who are still classified as children. The state is also obliged to provide special protection for children who commit acts of terrorism. As for the legal arrangements for child perpetrators of terrorism from the perspective of human rights in Indonesia, it is regulated in several national regulations.
 
 Keywords: child of terrorism, human rights

Understanding Death Punishment: Historical Perspective, Justification, and Critical Analysis

Debatable of the death penalty based on the issues of justice, humanity, and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be capable of preventing crime and reducing crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glance at the issues that colored the discourse on the pros and cons of the existence of capital punishment. The retentionist and the abolitionist against the death penalty have an argument based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still applies the death penalty in the punishment system besides Saudi Arabia with qhisash which is applied in the Islamic Law system. Both countries have a legal standing built on the meta norms, their theories, and philosophies each, of course, has its urgency to be discussed in the middle of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relations to the applications of the death penalty in both countries that embrace different legal systems, this comparative study will contribute thoughts on the reforms of criminal law in Indonesia.

PENJATUHAN PIDANA MATI KEPADA PELAKU TINDAK PIDANA DITINJAU DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

According to the provisions of Article 100 paragraph (1) to paragraph (6) of Law Number 1 of 2023, the imposition of capital punishment on the perpetrators of criminal acts must take into account the provisions of the article, in other words, capital punishment is not immediately executed, but with a probationary period of 10 years. Based on this, the problem can be formulated, namely: How is the problem of imposing capital punishment on perpetrators of criminal acts reviewed in Article 100 of Law Number 1 of 2023 concerning the Criminal Code? The research method used in this paper is normative juridical research method. The results of the study show that the imposition of capital punishment on perpetrators of crimes based on the provisions of Article 100 is very ineffective, this is because if the judge imposes capital punishment and the death penalty is not carried out because the defendant has met the criteria of the article, the postponement of capital punishment can have an impact that causes violations of human rights, the impacts related to the postponement of execution include: the occurrence of legal uncertainty which results in death row convicts not being able to exercise their rights to be treated fairly before the law, there is discriminatory treatment, namely by differentiating the term of sentence between one death row convict with others, apart from that there are also indications of torture against death row convicts namely by imposing capital punishment plus imprisonment.

Death Penalty for Criminal Actions in Indonesia in a Legal Perspective and Human Rights

Death penalty for perpetrators of narcotics crimes is one of the punishments that is debated in various international countries, especially in Indonesia, a very big reaction from the community and even international countries in responding and intervening in the imposition of capital punishment with various fundamental reasons that death penalty is one of the crimes. the most cruel, sadistic, and undignified. This study aims to analyze capital punishment for crimes in Indonesia from a legal and human rights perspective. The method applied in this study uses normative legal research, which is a way of writing based on an analysis of several legal principles and legal theories as well as laws and regulations that are appropriate and related to problems in legal research writing. Death penalty for perpetrators of narcotics crimes in a country based on Pancasila as the basis of the philosophy of the Indonesian state and the 1945 Constitution of the Republic of Indonesia as the Great State Norms or Basic Norms of the Unitary State of the Republic of Indonesia and certain statutory regulations that regulate them in law something positive that is upheld is not said to violate the provisions on human rights violations, especially the basic right to life which is continuously debated in various international conventions, this must continue to be implemented.

Crude Palm Oil Corruption: A Discourse on the Imposition of Capital Punishment

The study aims to discuss on the corruption of Crude Palm Oil (CPO) export cases that have led to the scarcity of cooking oil at affordable prices in Indonesia. It is harmful for the public as the Crude Palm Oil (CPO) has been exported without a permit and does not meet the requirements of Domestic Market Obligation (DMO) and Domestic Price Obligation (DPO). The study is a normative legal research employing descriptive-qualitative upon data collected through a library study. The study shows that the case of crude palm oil (CPO) export corruption made the supply of cooking oil disrupted that led to economic and political instability. In response to this, the government conducted an investigation and found several suspects of corruption cases. While the legal process running, the discourse on the application of death penalty arose within the society. It was so because this corruption occurred during the pandemic. However, the use of the capital punishment in cases of corruption is restricted because it can only be used in specified circumstances, especially when the funds are intended for dealing with dangerous situations, national natural disasters, social unrest, economic and monetary problems, and corruption repetition.

SANKSI PIDANA KEMATIAN BAGI ORANG KORUPSI DI INDONESIA (Death Criminal Sanctions For Personnel Of Corruption In Indonesia)

The application of capital punishment itself has been regulated in Indonesia as contained in the law. Article 2 paragraph (2) of Corruption Act concerning Eradication of Corruption Crimes. According to Romli Atmasasmita, it was argued that the death penalty for corruptors was effectively implemented in the People's Republic of China (PRC), and it was quite successful to reduce corruption. This certainly can be used as an example in Indonesia in imposing capital punishment for corruptors. The imposition of capital punishment for perpetrators of corruption is urgently needed as "shock therapy" because psychologically the death penalty aims for the benefit of general prevention so that others do not participate in committing crimes. Also, the application of capital punishment is based on the reason that capital punishment is more certain than the prison sentence because the prison sentence is often followed by running away, forgiveness, or because of the release. When compared from an economic standpoint, basically the death sentence is more efficient when compared to life imprisonment. As for the problems that can be formulated, namely: legal arrangements regarding corruption in the Corruption Act; the application of capital punishment sanctions against perpetrators of corruption in Indonesia. The results of the study show that: Corruption is a type of extraordinary crime ("extra-ordinary crime") that must be handled extraordinarily, so that the act is contrary to the 1945 Constitution, therefore it does not need to be protected by the 1945 Constitution. accommodated in Article 2 paragraph (2) of the Corruption Act, must meet the requirements "in certain circumstances" by the Elucidation of Article 2 paragraph (2), but its application has never been implemented, so it is necessary to review the rules "in certain circumstances".

Effects of Public Sector Entities Reform on Transparency and Accountability in Nigeria between Year 2015- 2020

This paper examined the effects of public sector reforms in entities and how the reforms promote accountability and transparency. The purpose is to examine public sector reforms between 2015 - 2020 that support transparency and accountability. We further examine to what extent the objectives have been attained and factors or challenges militating against efficient public sector reforms in Nigeria. We focus on a three specific proxies and their dimension of transparency and Accountability-Ease of doing business, Open Budget Initiative and Corruption Index using World Bank's Indicators and Transparency International Rankings. We carry out a thematic survey and find that in the Nigeria context, several public sector reform initiatives have been implemented over the years covering all sectors and different levels. The reform measures vary depending on the priority of the political leadership, however, it all anchored on the principles of economy, efficiency and effectiveness, transparency, social growth, innovation, and good governance. In the end we discovered that some of the reforms initiatives yielded moderate result why other have little or no impact on transparency and accountability. We concluded that, though, Nigeria has developed general guidelines and evolve initiatives to improve the ease of doing business and its budgeting processes, corruption is a widespread problem and is responsible for poor socioeconomic growth and development. We recommend that government take a more direct and frontal route, like imposition of death penalty in the fight against corruption. This will create an environment in which graft and fraud are less likely to proliferate. Additionally, it will ensure government operate seamlessly to the benefit of the general public, the emergence of strong public institutions and finally, a nation where the rule of law actually rules.

The Influence of Latino Ethnicity on the Imposition of the Death Penalty

With respect to African Americans, the history of racial discrimination in the imposition of the death penalty is well-known, and the persistence of racial disparities in the modern era of capital punishment is well-documented. In contrast, the influence of Latino ethnicity on the imposition of the death penalty has been studied very little. A review of the limited literature reveals evidence of discrimination against Latinos. Archival studies generally find ethnicity-of-victim discrimination, and some of those studies find ethnicity-of-defendant discrimination disadvantaging Latino defendants; these findings parallel the findings of the much more robust literature investigating bias against African American defendants and victims. The controlled experimental studies generally show both ethnicity-of-defendant and ethnicity-of-victim discrimination disadvantaging Latinos. Related literature investigating stereotypes, animosity, and discrimination in other criminal justice decisions further suggests the likelihood of ethnicity discrimination in the imposition of capital punishment, as well as the need for further research.

ANALISIS PUTUSAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DAN PSIKOTROPIKA

ABSTRAK
 The imposition of capital punishment on narcotics and psychotropic criminals in Indonesia in the perspective of human rights based on the 1945 Constitution needs to be reviewed to understand whether capital punishment is a way of law enforcement that is contrary to human rights. The main problem being the object of research, is the imposition of capital punishment against narcotics and psychotropic criminals violating human rights based on the 1945 Constitution. This research is a normative legal research through a legislative approach, conceptual, case. The data used is secondary data with qualitative data analysis. The results of the study show that the imposition of capital punishment on narcotics and psychotropic criminals does not violate human rights because it does not conflict with the provisions of Article 28A, Article 28I paragraph (1) and Article 28J paragraph (2) of the 1945 Constitution and does not violate Indonesia's international legal obligations that were born from international agreements on the eradication of illicit trafficking in narcotics and psychotropic substances. As a suggestion, law enforcement needs to be improved, because crime / narcotics and psychotropic crimes are transnational types of crime by using high modus operandi.

PIDANA MATI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM

Debatable of the death penalty actually based on the issue of justice, humanity and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be able to prevent crime and reduce crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glimpse of the issue that colored the discourse on the pros and cons of the existence of capital punishment. Between the retensionist and the abilitionist against true the death penalty has an argument each based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still apply the death penalty in punishment system beside Saudi Arabia with qhisash which applid in Islamic Law system. Both countries have a legal standing built on the meta norms, their theories and philosophies each of course has its own urgency to be discussed in the midst of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relation to the application of thedeath penaltyin both countries that embraces the different legal system, from this comparative study will contribute thoughts in the reform of criminal law in Indonesia.

Indian Judiciary on Death Penalty

The Supreme Court of India as the highest Judicial Tribunal of the country has given its authoritative decisions on various points of law from time to time. The apex court has examined the constitutional validity, procedure and many other issues related to death sentence and delivered its valuable verdict on numerous occasions in last 50-60 years. The constitutionality of death penalty has been questioned before the Supreme Court several times on the ground that it contravenes provisions incorporated in Indian Constitution. However, the Court has made it clear many times that the imposition of death penalty is not opposed to the supreme law of the land, Bhagwati, J., is of opinion that Sec. 302 of the I.P.C. in so for as it provides for imposition of death penalty as an alternative to life sentence is ultra vires and void as being violative of Art. 14 and 21 of the constitution since it does not provide any legislative guidelines as to when life should be permitted to be extinguished by imposition of death sentence.

Earth Accuses Earth: Tracing What Jesus Wrote on the Ground

The story of the woman taken in adultery (John 7:53–8:11) has a long, complex history. Well-known in the Latin West, the story was neglected but not forgotten in the East. Incorporated within Late Antique and Early Medieval Gospel manuscripts, depicted in Christian art, East and West, and included within the developing liturgies of Rome and Constantinople, the passage has fascinated interpreters for centuries despite irregularities in its transmission.1Throughout this long history, one narrative detail has been of particular interest: the content and significance of Jesus— writing. Discussed in sermons, elaborated in manuscripts, and depicted in magnificent illuminations, Jesus— writing has inspired interpreters at least since the fourth century, when Ambrose of Milan first mentioned it. Offering his opinion on the propriety of capital punishment, the bishop turned to the pericope in order to argue that Christians do well to advocate on behalf of the condemned since, by doing so, they imitate the mercy of Christ. Nevertheless, he averred, the imposition of capital punishment remains an option for Christian rulers and judges. After all, God also judges and condemns, as Christ showed when, responding to the men questioning him and accusing the adulteress, he wrote twice on the ground. Demonstrating that “the Jews were condemned by both testaments,” Christ bent over and wrote “with the finger with which he had written the law,” or so the bishop claimed.2Ambrose offered a further conjecture in a subsequent letter: Jesus wrote “earth, earth, write that these men have been disowned,” a saying he attributes to Jeremiah (compare Jer 22:29),3. As Jeremiah also explains, “Those who have been disowned by their Father are written on the ground,” but the names of Christians are written in heaven.4

Constitutionality or Otherwise of Death Penalty Enforcement in Nigeria

This paper appraises the constitutionality of death penalty enforcement in Nigeria. The six common methods of enforcing death penalty are reviewed while highlighting the tortuous and humiliating nature of death penalty enforcement. A distinction was made between the imposition of death penalty and the actual enforcement of same. In making this distinction, the concession was made that the imposition of death penalty in itself may not be considered unconstitutional.However, the same cannot be said of the enforcement of the death penalty. The two popular methods used in enforcing death penalty in Nigeria, hanging and firing squad, were shown to involve torture. They are also inhuman and degrading. Based on these findings, the conclusion was reached that the enforcement of death penalty in Nigeria is unconstitutional. A conclusion that was further strengthened by a consideration of the negative backlash relatives of a condemned prisoner suffer as a result. Beyond psychological torture the relatives of a condemned prisoner suffer, they could have their personal liberty encroached upon. Therefore, death penalty enforcement in Nigeria can be said to be grossly unconstitutional both from the point of view of condemned prisoners and from the point of view of relatives of condemned prisoners.

Race and Capital Punishment: State Level Analysis of the Effects of Race on States' Capital Punishment Policies

ABSTRACT This research examines the imposition of capital punishment on racial minorities by conducting a state level analysis of capital punishment systems. This is represented by three decisions of states to implement capital punishment systems: the decision to legislate capital punishment, the decision to sentence people to death and finally the decision to execute them. The research found that urbanized states characterized by higher concentrations of Black citizens and liberal populations and political elites are less likely to legislate capital punishment and execute fewer prisoners. States with higher concentrations of Black citizens and conservative populations and political elites, primarily in the South, and states with a high percentage of Hispanic population are more likely to have a high number of prisoners on death row and to execute a higher number of those prisoners.

Future Dangerousness Revisited

One rationale used in the imposition of capital punishment is the potential future dangerousness of the most serious offenders. Most research in this area has focused on the postcommutation and postrelease behavior of formerly condemned offenders and found that the majority of them did not pose significant danger risks. The current study examined the prison infraction records of 1,005 Arizona inmates serving determinate, life, or death sentences. Zero-inflated negative binomial regression models indicated that inmates sentenced to death were more dangerous than noncondemned inmates were. This effect achieved modest statistical significance and withstood controls for demographic characteristics, offense severity and type, criminal history, and diagnostic measures. Overall, these findings suggest that condemned defendants may be more dangerous than others, a statement sharply discordant with the extant literature regarding the future dangerousness of capital defendants. Additional research employing different samples from different regions of the United States is needed.

A Descriptive Profile and Socio-Historical Analysis of Female Executions in the United States

This paper constructs a descriptive profile and socio-historical analysis of female executions in the United States from 1632 to 1997. The profile documents the race, offense, age, and occupation of executed female prisoners, and the date, method, place, jurisdiction, and region of female executions. Historical analysis of these data suggests that female executions increase when women challenge the social, political, and economic interests of the male dominant group. In the colonial period, white female executions were higher than black female executions when white females challenged the male dominated leadership of newly established colonial settlements aimed to maintain social, political, and economic controls. Black female executions increased under the extreme controls imposed on protecting institutional slavery and when black females challenged their subordinate status as slaves. Female executions decreased in the immediate postbellum period when social relations were relatively positive, but increased in later decades when social relations became chaotic and heavily strained. Analysis also reveals limited evidence supporting the notion that female prisoners in the modern era have received preferential treatment in the imposition of capital punishment in the United States.

Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions concerning the Execution of Juveniles and Persons with Mental Retardation

The American Bar Association's (ABA's) recent call for a moratorium on the imposition of capital punishment' constitutes a dramatic escalation of the ABA's efforts to improve the American death penalty system. Over the past twenty years, the ABA has focused on particular aspects of state practices and recommended piecemeal relating to competency of counsel, postconviction review, race discrimination, and the execution of juveniles and persons with mental retardation.2 Recognizing that each of these prior resolutions has essentially fallen on deaf ears, and that current death penalty reforms have run in the opposite direction of its proposals, the ABA concluded that the overall system surrounding the American death penalty had become so seriously flawed3 that a stronger position was warranted. We are sympathetic to the ABA's global approach to the administration of the death penalty in this country and have elsewhere taken stock of the courts' quarter-century effort to regulate state capital systems via the Eighth and Fourteenth Amendments.4 In this article, we address the ABA's resolutions regarding the execution of juveniles and persons with mental retardation.5 Al-

Two Different Worlds: Criminologists, Justices and Racial Discrimination in the Imposition of Capital Punishment in Rape Cases

Two Different Worlds: Criminologists, Justices and Racial Discrimination in the Imposition of Capital Punishment in Rape Cases

Constitutional Law: Imposition of Death Penalty after Successful Appeal from Sentence to Life Imprisonment Held to Violate Double Jeopardy Provision of California Constitution

Constitutional Law: Imposition of Death Penalty after Successful Appeal from Sentence to Life Imprisonment Held to Violate Double Jeopardy Provision of California Constitution

Criminal Law. Federal Kidnapping Act. Imposition of Death Penalty

Criminal Law. Federal Kidnapping Act. Imposition of Death Penalty