Hukuman Pidana Mati dalam KUHP Baru dan Perspektif Abolisionalis serta Retensionis

In Law Number 1 of 2023 or the New Criminal Code, the death penalty is regulated as an extreme punishment for serious crimes with a stricter approach. Article 67 of the New Criminal Code states that the death penalty is no longer the main punishment, but the last alternative after a ten-year probation period. This study uses a normative method with two categories of legal sources: primary legal materials, namely laws that regulate the death penalty, and secondary legal materials, which explain and interpret primary laws. The debate on the death penalty involves two main currents of thought: retensionists, who favor the application to serious crimes, and abolitionists, who reject it because of human rights concerns and the risk of judicial wrongdoing. Criticism of the death penalty includes the issue of the right to life and its effectiveness in reducing crime rates, especially in corruption and narcotics cases. In this study, it was found that the New Criminal Code tries to balance the retributive and rehabilitative aspects by providing an opportunity for remorse before the application of the penalty, describing Indonesia's legal efforts to maintain the death penalty with a more selective and strict application.

Authors

Publication Details

Journal
Eksekusi Jurnal Ilmu Hukum dan Administrasi Negara
Published
2024-08-20
DOI
https://doi.org/10.55606/eksekusi.v2i4.1451
Citations
3
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
12.22
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article

Hukuman Pidana Mati dalam KUHP Baru dan Perspektif Abolisionalis serta Retensionis

Dita Melati Putri
3 citations
Eksekusi Jurnal Ilmu Hukum dan Administrasi Negara
Legal Studies and Policies
12.22
article

Hukuman Pidana Mati dalam KUHP Baru dan Perspektif Abolisionalis serta Retensionis

Dita Melati Putri
article en
3 citations

Abstract

In Law Number 1 of 2023 or the New Criminal Code, the death penalty is regulated as an extreme punishment for serious crimes with a stricter approach. Article 67 of the New Criminal Code states that the death penalty is no longer the main punishment, but the last alternative after a ten-year probation period. This study uses a normative method with two categories of legal sources: primary legal materials, namely laws that regulate the death penalty, and secondary legal materials, which explain and interpret primary laws. The debate on the death penalty involves two main currents of thought: retensionists, who favor the application to serious crimes, and abolitionists, who reject it because of human rights concerns and the risk of judicial wrongdoing. Criticism of the death penalty includes the issue of the right to life and its effectiveness in reducing crime rates, especially in corruption and narcotics cases. In this study, it was found that the New Criminal Code tries to balance the retributive and rehabilitative aspects by providing an opportunity for remorse before the application of the penalty, describing Indonesia's legal efforts to maintain the death penalty with a more selective and strict application.

Eksekusi Jurnal Ilmu Hukum dan Administrasi NegaraVol. 2(4)
Openalex Percentile: Top 1%
Legal Studies and Policies
12.22
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Hukuman Pidana Mati dalam KUHP Baru dan Perspektif Abolisionalis serta Retensionis — Dita Melati Putri · Eksekusi Jurnal Ilmu Hukum dan Administrasi Negara (2024) | TGRS Research Map | TGRS