Problems of Imposing the Death Penalty from the Perspective of Human Rights and Criminal Law

The imposition of the death penalty is an issue that continues to be debated in the realm of criminal law and human rights (HAM). On the one hand, the death penalty is seen as a form of maximum punishment to provide a deterrent effect on perpetrators of serious crimes, such as premeditated murder and drug crimes, and to provide a sense of justice for victims. However, on the other hand, this practice is often criticized because it is considered a violation of the most fundamental right, namely the right to life, as regulated in the Universal Declaration of Human Rights. In addition, the application of the death penalty often raises legal problems, ranging from the potential for judicial errors to discrimination in the trial process. By examining the perspective of human rights and criminal law, this paper aims to analyze the problems that arise in the imposition of the death penalty and explore the possibility of a balanced solution between justice, humanity, and law enforcement. This study uses a normative legal method (legal research) that focuses on the analysis of laws and regulations, legal doctrine, and human rights principles related to the application of the death penalty. Normative legal research aims to understand legal norms and analyze their conformity with human rights principles.