Eddy, Rifai and HS, Tisnanta and Tomy, Pasca rifai (2016) Death Penalty on Indonesia Criminal Law. Shield 1 Conference Proceeding. pp. 42-55.

Preview

Text 8.pdf Download (465kB) | Preview

Abstract

This research using normative juridical approach to studies the implementation of death penalty executions and the legal policy of death executions in Indonesia. There are also delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK) or clemency. Further, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as executor can ask the convicted person or his family whether to use their rights or not, which if the convict clearly does not want to use their rights, therefore the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by 10 years probation. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still keep putting the death penalty in criminal law nationaly, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User:	HIERONYMUS
Date Deposited:	05 Jun 2017 02:19
Last Modified:	05 Jun 2017 02:19
URI:	http://repository.lppm.unila.ac.id/id/eprint/3160

Actions (login required)

View Item