Transformation of Punishment Paradigm: From Death Penalty to Probation

Abstract

Punishment sanctions in Indonesia vary, the most highlighted is the death penalty. In the development of Indonesian criminal law, the death penalty became a long debate among various groups. Until finally in the normative development, the death penalty shifted to the probationary death penalty, which will turn into life imprisonment. This is certainly a middle ground regarding the long debate on the criminal sanction. This research is written with the aim of knowing, understanding, and analyzing the development of legal norms relating to the death penalty and probation in the Indonesian criminal justice system. With normative juridical research method. The point of this paper is that although the death penalty is legally recognized, the change to probation reflects a reflection of concerns over the risk of error and the enforcement of human rights.