The Effectiveness of Applying the Death Penalty in the Indonesian Criminal Justice System (An Analysis of the Principles of Justice and Human Rights)

This study examines the effectiveness of the death penalty within the Indonesian criminal justice system by situating it at the intersection of justice principles and human rights. The debate surrounding capital punishment cannot be understood merely as a technical issue of sentencing, but rather as a value-based discourse involving the rule of law, the protection of the right to life, legal certainty, and society’s sense of justice. On one hand, the death penalty is regarded as the most severe form of punishment and is still maintained for certain crimes considered extremely serious. On the other hand, it is strongly criticized for being incompatible with the principle of respect for human dignity and for potentially eliminating the possibility of correction in cases of judicial error. This study employs a normative legal research method using statutory, conceptual, and historical approaches. The findings suggest that the death penalty in Indonesia can only be considered effective in a limited sense, namely as a symbolic instrument for addressing specific serious crimes. However, it is not fully effective when evaluated against modern standards of justice, human rights protection, and the broader objectives of criminal punishment. Keywords: death penalty, effectiveness, justice, human rights