Pidana Mati Tindak Pidana Narkotika Dalam Sistem Peradilan Pidana Indonesia Ditinjau Dari Aspek Keadilan Dan Hak Asasi Manusia

Purba, Samuel Sandi Giardo (2021) Pidana Mati Tindak Pidana Narkotika Dalam Sistem Peradilan Pidana Indonesia Ditinjau Dari Aspek Keadilan Dan Hak Asasi Manusia. Other thesis, Universitas Islam Riau.

Text 171021082.pdf - Submitted Version Download (2MB)

Abstract

Pros and cons regarding the death penalty have been going on for a long time in this country, capital punishment is one of the criminal provisions that are still being maintained to punish crimes in the criminal law system in Indonesia. Addressing the problems and conflicts that occur can be seen in essence, thoughts related to the pros and cons of crimes in Indonesia. How successful has the death penalty been or not in the Indonesian legal system. The main problems in this research are: First, what is the Mathematical Problem of Death Penalty in the Justice Criminal Justice System in Indonesia, and Second, what is the Human Rights View of the Waiting Series for the Death Penalty in the Justice Criminal Justice System in Indonesia. The research method used in this research is a type of Normative research using literature study and document study, and legal records study. The literature referred to is from laws and written books in the field of law, while the document study referred to is court decisions (jurisprudence), for the problem approach used is to use the applied normative approach (applied legal approach). The data used is secondary data obtained through library materials. The results of the research in this study are the death penalty for narcotics crimes in the criminal justice system in Indonesia in terms of aspects of justice and human rights focusing on First, Consideration of the objectives to be captured. The classical school is more concerned with the actions committed, while the modern school first looks at the maker and wants the individualization of the criminal. Based on the data presented by the researchers in this paper, it shows that the application of the death penalty lies in how the convict undergoes the sentence given, because the most severe punishment such as the death penalty is even given to a criminal incursion can not be seen from the severity of the sentence given to the convict, but can be seen from how the convict was sentenced. Second, the waiting line in the criminal justice system in Indonesia, viewed from the aspect of justice and human rights, is very critical because the postponement of the execution resulted in the convict receiving 3 (three) sentences at the same time, namely the prison sentence, the sentence for the death execution process is an act far from a sense of justice. and humanity, and such treatment is included in Article 7 of the International Convention on Civil and Political Rights.

Actions (login required)

View Item