Syafitri, Arini (2024) Analisis Pengaturan Sanksi Pidana Mati Dalam Kitab Undang-undang Hukum Pidana Indonesia Ditinjau Dari Perspektif Hak Asasi Manusia. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The death penalty in Indonesia raises its own debate because many opinions arise from those who are pro and con against the death penalty sanctions. In Law Number 1 of 2023 concerning the Criminal Code, it still maintains the death penalty, but in its regulations it is not a basic crime anymore, but as a special crime that is threatened alternatively for the last means as an effort to prevent criminal acts and protect the community. So whether the death penalty sanctions in the reform of the Indonesian criminal law are in accordance with the purpose of the penal itself or the arrangement of the death penalty in the reform of the Indonesian criminal law includes violations of human rights. The formulation of the problem in this study is: first, how the death penalty regulation in Law Number 1 of 2023 concerning the Criminal Code, and second, how the death penalty regulation regulated in Law Number 1 of 2023 is viewed from a human rights perspective. The research method used in this study is a type of normative research, this research generally aims to describe a problem under study. Based on its nature, this research is literature by using primary legal materials in the form of laws and regulations, also using secondary legal materials, namely in the form of previous research such as papers, journals, and literature books related to the object of research, and also using tertiary legal materials in the form of dictionaries, encyclopedias. The results of the research in this study are First, the death penalty regulation in Law Number 1 of 2023 is very different from Wetboek van Strafrecht, because the death penalty is no longer the main crime but is placed into a separate article, namely article 67 of the Criminal Code which says a special crime as referred to in article 64 letter c is a death penalty that is always threatened alternatively. The judge sentenced the defendant to death on condition that the defendant was given ten years of probation in the hope that the defendant could improve himself. Second, the regulation of the death penalty in the criminal code from the perspective of human rights is in accordance with the constitution, namely Article 28J paragraph (2) which means, although everyone has the right to life and life that has been guaranteed by the constitution, the right is not absolute or absolute, because there are restrictions and limited by the application of the death penalty as long as it is carried out in accordance with applicable rules and norms. So the death penalty does not conflict with the human right to life.

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