PERBANDINGAN KUHP DENGAN RUU KUHP EKSEKUSI TERPIDANA MATI DI INDONESIA DALAM TEORI KEPASTIAN HUKUM

Abstract

The Draft Criminal Code (RUU KUHP), which aims to codify all criminal provisions, including those related to serious human rights violations, is marked by inconsistencies between the formulated provisions and the standards set in various legal instruments. The large number of death row inmates in Indonesia who are still waiting for execution has caused public concern. This is due to the fact that, under the old Criminal Code (KUHP), many people consider the prolonged waiting period experienced by death row inmates to be contrary to human rights. Meanwhile, under the perspective of the new Draft Criminal Code (RUU KUHP), convicts are given opportunities beyond clemency, judicial review, and appeal, so that they are not immediately executed, namely through a probation period of 10 years for the death penalty (within a specified period), in accordance with the provisions of Article 100 paragraph (1) of the Draft Criminal Code. The method used in this study is a qualitative research method with a literature approach. The results of this study indicate that the death penalty in the Criminal Code is classified as a principal punishment, whereas in the Draft Criminal Code it is categorized as a special punishment or a punishment imposed alternatively. Therefore, in its existence, the death penalty will continue to be maintained under Indonesian law, although in the future its implementation will differ between the Criminal Code and the Draft Criminal Code.