A Review of the Death Penalty Under the New Indonesian Criminal Code in the Perspective of Critical Legal Studies

Death penalty is a punishment that has a long history. In fact, it has been carried out since humans have run civilisation systematically. The study on death penalty has developed rapidly, starting from the political aspect, spiritualistic aspect, philosophical aspect, and implicating to the juridical aspect as the guideline to execute the punishment itself. The development in the study of death penalty is divided into two major axes, namely abolitionists who oppose death penalty and are oriented towards the abolition of death penalty in the entire legal system. Then, the retentionist axis, which still carries out the death penalty as part of the punishment system. The debate and polemics over the death penalty can be seen ontologically and epistemologically with a critical perspective within the scope of Legal Studies. Critical Legal Studies with reference to KUHP 2023 provides a critical perspective in presenting two views on death penalty.