Death Crime Regulation As A Formal Legal Concept In Justice In Indonesia

Authors

  • Joko Cahyono Doctoral Law Program of Law Faculty of Brawijaya University
  • Herman Suryokumoro Lecturer of Doctoral Law Program of Law Faculty of Brawijaya University, Malang, Indonesia
  • Nurini Aprilianda Lecturer of Doctoral Law Program of Law Faculty of Brawijaya University, Malang, Indonesia
  • Setiawan Noerdajasakti Lecturer of Doctoral Law Program of Law Faculty of Brawijaya University, Malang, Indonesia

Abstract

ABSTRACT

Sentences of death penalty by judges in the norms of Indonesian criminal justice law are still the pattern of punishment in several specific criminal act laws such as terrorism, corruption, narcotics, psychotropics and human rights justice the death penalty is still regulated, as well as in the Constitution Criminal law in Indonesia the death penalty is still applied. There are groups that disagree with the conception and application of the death penalty, arguing that killing is not a solution, it is not within the authority of humans to revoke it. This study used a normative method to produce the fact that the law must regulate capital punishment under certain conditions from a humanitarian point of view, as well as answering the conflict between groups who wish to abolish capital punishment and groups who wish to continue to apply capital punishment. Conditional capital punishment is needed as a middle way between these two conflicting opinions. Conditional death sentences are also needed as an evaluative process for convicts in serving their sentence and the right to life as a human being in accordance with national and international humanitarian perspectives.

 

Keywords: Death Penalty, Legal Concept

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Published

2023-08-16

Issue

Vol. 2 No. 1 (2023)

Section

Articles