scholarly journals FUNGSI LEMBAGA PEMASYARAKATAN SEBAGAI TEMPAT UNTUK MELAKSANAKAN PEMBINAAN DAN PELAYANAN TERPIDANA MATI SEBELUM DIEKSEKUSI

2009 ◽  
Vol 9 (3) ◽  
Author(s):  
Budiyono Budiyono
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Service Provision ◽  
Death Row ◽  
Child Socialization ◽  
Physical Care

Penitentiary was a place to conduct coaching Educate Prisoners and Child Socialization. There are pro-death penalty views (Retensionist) and cons of death penalty (abolitionist) on the existence of death penalty and execution. This issue is causing problems from the aspect of regulation that is the basis of service provision on death row since capital punishment on all the services there are no specific rules. The problem is the placement and service must be performed by the prisons before the execution on death row, before it is executed on death row man alive who is naturally still have rights that must be protected as a right to physical care and health until the corresponding executable , including also get their rights, as for the rights referred to was referring to the provisions of Article 14 of Act No.12/1995 about Correctional. Kata kunci : Lembaga Pemasyarakatan,  Pidana mati, Peraturan khusus

California's Death Penalty Dilemma

1969 ◽  
Vol 15 (1) ◽  
pp. 142-148
Author(s):  
Joseph A. Spangler
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Court Decisions ◽  
Death Row ◽  
Court Orders

This article discusses California's legal machinery in capital punishment cases, cites relevant court decisions, and provides tables showing the number of persons on death row and how long they have been awaiting execution. While executions have been stemmed by various court orders, death penalty cases con tinue to arrive on the row. Quick justice or even orderly or systematic justice does not exist in the present administration of capital punishment cases. There are no known solutions to California's present dilemma.

In Their Own Words

2016 ◽  
Vol 75 (4) ◽  
pp. 376-394 ◽  
Author(s):  
Maranda A. Upton ◽  
Tabitha M. Carwile ◽  
Kristina S. Brown
Keyword(s):  
United States ◽  
Death Penalty ◽  
Capital Punishment ◽  
Prison Population ◽  
The United States ◽  
Future Research ◽  
Common Theme ◽  
Death Row ◽  
Research Areas ◽  
Death Row Inmates

Last statements have been a common practice as part of capital punishment as far back as the 1300s in Europe. In the United States, the first execution occurred in 1608, and currently, 32 states have the death penalty. In 1991, Missouri integrated death row inmates into the general prison population, which makes this population unique compared with other death row populations across the United States. This article is a qualitative study on the themes found in the last statements of 46 capitally punished inmates in Missouri from 1995 to 2011. The purpose of this study was to determine if capital punishment inmates being housed in the general population had an impact on an inmate’s last statement prior to execution. Three domains emerged from these last statements: life, death, and execution. The most common theme identified was love while the least common theme was acceptance. The themes found in this research were consistent with previous studies which looked at inmates executed in Texas where inmates sentenced to capital punishment are separated from the general prison population. Implications, limitations, and future research areas are discussed.

scholarly journals PROBLEMATIKA PIDANA HUKUMAN MATI DALAM PERSPEKTIF SISTEM PEMASYARAKATAN

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Ravi Agsel Pratama ◽  
Mitro Subroto
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Criminal Code ◽  
Law Reform ◽  
Death Row ◽  
Normative Analysis ◽  
Correctional System

Indonesia, which is trying to reorganize in the field of criminal law reform, cannot be separated from the issue of the death penalty. Of course this will have an impact on the context of the formation of the new Criminal Code (KUHP) made by the Indonesian people themselves which have long been aspired to. In addition, the increasing number of death penalty sentences handed down against criminals makes the author interested in studying the existence of capital punishment sanctions, especially in the aspect of human rights and also in the perspective of the correctional system. This is because the death penalty has conflicting values and concepts in the Constitution and the Indonesian Correctional System. In this study, the researcher conducted a normative analysis which resulted in the conclusion that convicts on death row would be able to carry out the coaching program without coercion. 

What Accounts for Southeast Asia’s Diverse Clemency Practice?

2019 ◽  
pp. 193-225
Author(s):  
Daniel Pascoe
Keyword(s):  
Case Studies ◽  
Death Penalty ◽  
Capital Punishment ◽  
Decision Makers ◽  
The Political ◽  
Final Decision ◽  
Death Row ◽  
The Third ◽  
International Audience ◽  
Executive Clemency

Chapter 7 draws together the findings of each of the preceding four case studies to discuss common patterns and ultimately develop a three-part hypothesis to explain clemency frequency in Southeast Asian death penalty cases over the period of study. The first limb of the hypothesis suggests that jurisdictions whose police, prosecutors, and judiciary are initially able to exercise a great deal of lenient discretion in converting potential capital charges into non-capital sentences (or into acquittals) are not the kind of systems where executive clemency thrives as a remedy against unfair or excessive punishment. The second theoretically supported explanation deriving from the four jurisdictions under analysis is that unelected decision makers are more likely to grant clemency than the elected leaders of democratic or semi-democratic governments. Where unelected final decision-makers such as the king of Thailand, Indonesian presidents Suharto and Habibie, or the Malay hereditary rulers grant clemency, often to bolster their own power and legitimacy before domestic constituents and the international audience, their mass grants of commutation or pardon can greatly increase the historical clemency rate vis-à-vis executions. The third explanatory factor posits that the longer prisoners remain on death row without being executed or removed for other reasons (e.g. escape, or death by natural causes), the more likely they are to be granted clemency. Independent of the political elite’s preferences for or ambivalence over capital punishment, inefficient judicial appeal and clemency petition systems that do not resolve a prisoner’s fate for many years on death row may actually create the conditions for clemency success.

The Politics of the Death Penalty

2009 ◽  
Vol 7 (4) ◽  
pp. 923-924
Author(s):  
Robert Y. Shapiro
Keyword(s):  
Public Opinion ◽  
Mass Media ◽  
Death Penalty ◽  
Capital Punishment ◽  
Technical Detail ◽  
Dna Testing ◽  
Death Row ◽  
Innocent People ◽  
News Stories ◽  
New Evidence

This is one of the most interesting books I have read on the mass media, public opinion, and policymaking. Capital punishment is an important and compelling issue in its own right, which makes the first part of the book a great read, devoid of technical detail and filled with stunning descriptions of specific cases. Moreover, the rise and staying power of the idea of innocence—that innocent people sit on death row and may be executed—is clear. There continues to be a stream of news stories and commentaries about convicted murderers making plausible appeals for DNA tests that may set them free. While the overturning of murder convictions based in new evidence or faulty defenses preceded the use of DNA testing, this testing became important since it could confirm guilt or prove innocence.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

Against Capital Punishment

2019 ◽  
Author(s):  
Benjamin S. Yost
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Legal Institutions ◽  
Remedial Measures ◽  
Procedural Injustice ◽  
Central Claim

Against Capital Punishment offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments for capital punishment and presumes the appropriateness of execution in limited cases. At the same time, the book contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. The heart of Against Capital Punishment is a philosophical defense of the well-known irrevocability argument, which analyzes the argument’s premises, establishes their validity, and vindicates them against objections. The central claim is that execution violates the principle of remedy, which requires legal institutions to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The death penalty is repellent to the principle of remedy by dint of its irrevocability. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the obligatory remedial measures, execution is impermissible. Against Capital Punishment also reveals itself to be free from two serious defects plaguing other versions of proceduralism: the retributivist challenge and the problem of controversial consequences.

State- and Individual-Level Predictors of Mexican Death Penalty Support

2017 ◽  
Vol 64 (12) ◽  
pp. 1590-1611 ◽  
Author(s):  
Alexander H. Updegrove ◽  
Erin A. Orrick
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Mexican Immigrants ◽  
State Level ◽  
The United States ◽  
Individual Level ◽  
Specific Factors ◽  
Nationally Representative ◽  
Future Practice ◽  
Insight Into

Mexico exerts a unique influence on Texas through immigration. As immigrants bring perspectives from their country of origin when they immigrate, studying attitudes toward capital punishment in Mexico may provide insight into ways Mexican immigrants could affect its future practice in Texas. Multilevel modeling is used to examine individual- and state-level predictors of death penalty support among a nationally representative sample of Mexicans. Results indicate age and Catholic affiliation are associated with death penalty support, although not in the expected directions, whereas states bordering the United States are less likely to support capital punishment, despite experiencing less overall peace and a higher average homicide rate. Findings suggest the need for researchers to use culture-specific factors to predict death penalty support.

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