scholarly journals DEATH PENALTY AND THE RIGHT TO LIFE IN HUMAN RIGHTS PERSPECTIVE, THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA, AND INDONESIAN LAW

2017 ◽  
Vol 96 ◽  
Author(s):  
Oksidelfa Yanto . .
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Deterrent Effect ◽  
General Nature ◽  
Right To Life ◽  
Positive Law ◽  
Legal Power ◽  
The Republic ◽  
The Right

The execution of Death penalty in Indonesia is based on the court verdict that has had a permanent legal power. Only through the court ruling a man can be executed a death penalty upon the guilty alleged at him/her. The death penalty application in Indonesia is provided in the positive law with specific or general nature. As a country having the most verdicts with the capital punishment, either to its local citizen or to the foreign citizen who commits any offenders in the jurisdiction of Republic of Indonesia, triggering the existing of pro and contra stance on the capital punishment execution. The opposing stance based its argument on the human rights perspective, affirming that the capital punishment can be categorized as a form of savage and inhuman punishment and is in the contrary with the constitution. While the stance supporting the capital punishment execution is based on the argumentation that the perpetrator must be avenged in compliance with his/her commit, in order to give a deterrent effect for others who want to commit similar offense. Nevertheless as a matter of fact, there are still many similar offense occurred though capital punishment has been implemented.<br /><br />Keywords : Capital punishment, rights to live and human rights.

scholarly journals DEATH PENALTY EXECUTION AND THE RIGHT TO LIFE IN PERSPECTIVE OF HUMAN RIGHTS, 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA, AND INDONESIAN LAW

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Oksidelfa Yanto
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Deterrent Effect ◽  
General Nature ◽  
Right To Life ◽  
Positive Law ◽  
Legal Power ◽  
The Republic ◽  
The Right

<p align="center"><strong><em>Abstract</em></strong></p><p><em>The execution of Death penalty in Indonesia is based on the court verdict that has had a permanent legal power. Only through the court ruling a man can be executed a death penalty upon the guilty alleged at him/her. The death penalty application in Indonesia is provided in the positive law with specific or general nature. As a country having the most verdicts with the capital punishment, either to its local citizen or to the foreign citizen who commits any offenders in the jurisdiction of Republic of Indonesia, triggering the existing of pro and contra stance on the capital punishment execution. The opposing stance based its argument on the human rights perspective, affirming that the capital punishment can be categorized as a form of savage and inhuman punishment and is in the contrary with the constitution. While the stance supporting the capital punishment execution is based on the argumentation that the perpetrator must be avenged in compliance with his/her commit, in order to give a deterrent effect for others who want to commit similar offense.    Nevertheless as a matter of fact, there are still many similar offense occurred though capital punishment has been implemented.    </em></p><p><strong><em>Keywords : Capital punishment, rights to live and human rights</em></strong><strong><em>.</em></strong><strong><em> </em></strong></p>

scholarly journals KEBERADAAN PIDANA MATI DALAM KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP)

2020 ◽  
Vol 6 (1) ◽  
pp. 104
Author(s):  
Ni Komang Ratih Kumala Dewi
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Legal System ◽  
Capital Punishment ◽  
Criminal Code ◽  
Deterrent Effect ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Right

Capital punishment is the heaviest crime and difficult to apply in a country of law considering the death penalty is one of the acts of human rights violations, but to make someone discourage of committing a crime there needs to be rules or penalties that can provide a deterrent effect and provide security for the community from all form of crime. The purpose of writing is directed to find out the regulation of the Death Penalty in the Criminal Law Code which is stipulated in several articles in the Criminal Code and the existence of capital punishment in the legal system in Indonesia in terms of human rights perspective, which of course would be contrary to human rights, especially the right to life, however capital punishment is also needed as an effort to prevent the occurrence of crimes, especially those classified as serious

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.

scholarly journals EKSISTENSI HUKUMAN MATI DITINJAU DARI ASPEK HAM SIPIL DALAM PERSEPEKTIF HAK UNTUK HIDUP

2021 ◽  
Vol 3 (2) ◽  
pp. 72-91
Author(s):  
I Gusti Bagus Hengki
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Research Methodology ◽  
Scientific Paper ◽  
Human Rights Law ◽  
Right To Life ◽  
The Republic ◽  
Perpetrators And Victims ◽  
The Right

This scientific paper is expected to find out how the existence of the death penalty is viewed from the aspect of Civil Human Rights in the perspective of the right to life and whether the existence of the death penalty is contrary to the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia and the Human Rights Law with a normative research methodology with using a statutory approach. From the results of the discussion that the existence of the death penalty in terms of the Civil Human Rights aspect in the perspective of the right to life still needs to be maintained, because it does not conflict with the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, UDHR and ICCPR, as well as religion. in Indonesia, as long as it is not carried out arbitrarily, in accordance with the provisions of the legislation. This needs to be done because to provide protection for individual perpetrators and victims against acts of revenge, emotional, uncontrollable, vigilante, so that it does not guarantee that the death penalty is abolished. Indeed, there are parties who are pro and contra about the death penalty by both underpinning Pancasila, all of which is to make Pancasila a "Justification".   Tulisan ilmiah ini diharapkan dapat mengetahui bagaimana eksistensi  hukuman mati  ditinjau dari aspek  HAM Sipil dalam perspektif hak untuk hidup  dan apakah eksistensi  hukuman mati bertentangan dengan  ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 serta  Undang-Undang HAM dengan metodologi penelitian normatif dengan menggunakan jenis pendekatan perundang-undangan (statute Approach). Dari hasil pembahasan bahwa eksistensi hukuman mati ditinjau dari aspek HAM Sipil dalam perspektif Hak untuk hidup  masih perlu dipertahankan, karena tidak bertentangan dengan ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang HAM, UDHR dan ICCPR, maupun agama yang ada di Indonesia, asal dilaksanakan  tidak sewenang-wenang, sesuai dengan ketentuan peraturan perundang-undangan. Hal ini perlu diadakan  karena untuk memberikan perlindungan terhadap individu pelaku dan korban terhadap tindakan balas dendam, emosional, tidak terkendali, main hakim sendiri, sehingga tidak menjamin bahwa kalau hukuman pidana mati ditiadakan.  Memang ada pihak yang pro dan kontra tentang hukuman mati dengan sama-sama mendasari Pancasila, semuanya itu untuk menjadikan Pancasila sebagai “Justification“.

scholarly journals A Gap Between Right to Live Protection and Death Penalty in Indonesia (Judges Decision on Cases Threatened Death Penalty)

2018 ◽  
Vol 54 ◽  
pp. 02005
Author(s):  
Febrian ◽  
Nurhidayatuloh ◽  
Helena Primadianti ◽  
Ahmaturrahman ◽  
Fatimatuz Zuhro
Keyword(s):  
Human Rights ◽  
Literature Review ◽  
Death Penalty ◽  
Capital Punishment ◽  
Deterrent Effect ◽  
District Courts ◽  
Human Rights Law ◽  
Right To Life ◽  
Life And Death ◽  
The Government

In Indonesia, right to life and death penalty has been perceived separately both by legislative and judiciary institutions. It can be seen from the government stand to ratify covenant regarding to right to life, but impose death penalty. This article is trying to elaborate judges’ decisions to cases threatened to death at district courts in South Sumatra and Yogyakarta Province. The research will contribute to provide an understanding of judges to the Article 6(2) ICCPR in both provinces. The main methods for this research comprise literature review and review of selected verdicts from district courts in both provinces. The data will be supported by several interviews to several judges serving in the district courts. As a result, none of the verdicts provide a consideration on human rights law set forth in the Article 6(2) for the cases threatened to death. In contrast, some judges believe that capital punishment has a deterrent effect for others. Fortunately, in some district courts, the judges are for sure that death penalty is the very last choice for very sadistic culprit when there is no mitigating circumstance in sentencing.

scholarly journals The problem of the legislative sentence to the death penalty in russia in the context of international obligations

2015 ◽  
Vol 2 (2) ◽  
pp. 153-161
Author(s):  
A V Ivanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
Capital Punishment ◽  
Right To Life ◽  
Council Of Europe ◽  
Fundamental Freedoms ◽  
Long Time ◽  
International Obligations ◽  
The Right

Legislative Sentence to the death penalty as an exceptional measure of capital punishment and its relation to the right to life have been a subject of public discussion for a long time, and nowadays they are topical ones for every civilized state.The International law prohibits the use of capital punishment by a country because the death penalty is the ultimate cruel, inhumanand degrading punishment as well as because the legislative Sentence to the death penalty is contrary to the basic principle of respectfor human rights and fundamental freedoms including the recognition of an absolute right to human life.One of the essential conditions for invitation of Russia to the Council of Europe has been the legislative Sentence for the abolition ofthe death penalty, but Russia still has not ratified Protocol No. 6, and has not taken action on the absolute refusal of the death penalty,so the problem of the Sentence to the death penalty as a capital punishment, continues to be topical more than ever.

scholarly journals Hukuman Mati dalam Tindak Pidana Narkotika Ditinjau dari Perspektif Hak Asasi Manusia (Studi Putusan Mahkamah Konstitusi Nomor 2-3/Puu-V/2007

2021 ◽  
Vol 2 (2) ◽  
pp. 361-366
Author(s):  
Christofel Brayn Leonard Totomutu ◽  
I Ny Oman Gede Sugiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Human Rights ◽  
Capital Punishment ◽  
Judicial Review ◽  
Processing Method ◽  
Constitutional Court ◽  
Right To Life ◽  
Original Source ◽  
The Republic ◽  
The Right ◽  
Laws And Regulations

The capital punishment is regulated in several laws and regulations in Indonesia, in particular for narcotics crimes that are submitted for judicial review against the Constitution. The type of research used is the type of normative. The sources of the data used in this research are primary, which are taken from the original source of the law and secondary materials are materials derived from books, journals and scientific works and tertiary legal materials. The technique of collecting data in this research is carried out by collecting existing materials or studying documents from existing laws and regulations as well as the decisions of the constitutional court judges and explaining the sentence by using the legal material processing method systematically. The purpose of this research was to determine the capital punishment for narcotics crime in terms of human rights and to find out the judges considerations on the capital punishment for narcotics crime in Indonesia based on the decision of the constitutional court number 2-3/PUU-V/2007. The results of the research revealed that the capital punishment for narcotics crime has been stated in articles and laws, but on the other hand there is a consideration of the panel of judges regarding the capital punishment case for narcotics crime that the capital punishment in the Narcotics Law does not contradict human rights and human rights as in the 1945 Constitution of the Republic of Indonesia because the guarantee of human rights and the right to life in the 1945 Constitution of the Republic of Indonesia does not adhere to absolute principles.

scholarly journals Implementasi Nilai Pancasila Terhadap Hukuman Mati Tindak Pidana Narkotika

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 158-167
Author(s):  
Fathur Rachman
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Ethical Values ◽  
Right To Life ◽  
Drug Offenders ◽  
Life And Death ◽  
Positive Law ◽  
The Right ◽  
The Universe

The proliferation of drug trafficking and use activities in Indonesia today, makes Indonesia a drug emergency. Narcotics is an extraordinary crime and needs special attention in its eradication efforts. Therefore great power is needed by using the toughest legal actions in which Indonesia has a death sentence. The purpose of capital punishment is to give a violent deterrent to drug offenders and as a warning to other communities not to commit these crimes. The issue examined in this paper is the suitability of Pancasila as the legal basis for the application of the death penalty, and the application of the death penalty to narcotics crime. The reality of capital punishment in Indonesia shows that the implementation of the judicial system is not good and the execution of the death penalty is always postponed so that it seems indecisive . In addition, the regulation of capital punishment also raises the debate between the ethical values of Pancasila and positive law (KUHP). It is undeniable that in the effort to implement such assertiveness sometimes experience obstacles both from within and outside the country. As well as various counter opinions regarding capital punishment that violate human rights . Even in Indonesia alone for those who contradict the death penalty, it is associated with violating the first precepts of Pancasila, where God is the ruler of the universe who has full provisions for the right to life and death. But Indonesia still applies the death penalty based on the positive law (KUHP).

scholarly journals EKSEKUSI HUKUMAN MATI Tinjauan Maqāṣid al-Sharī’ah dan Keadilan

Al-Ahkam ◽  
2013 ◽  
Vol 23 (1) ◽  
pp. 81
Author(s):  
Imam Yahya
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Islamic Law ◽  
Deterrent Effect ◽  
Right To Life ◽  
The Law ◽  
The Right

The debate about death penalty, is still attracted attention of people. At least, there are, two mainstream firstly those who agrees and secondly who refuses the death penalty being imposed. For those who agrees reasoned that severe violations of the right to life, should be punished by death so that could provide a deterrent effect, while those who refuses argued that the death penalty is a denial of human rights, especially right to life. The essence of the death penalty is not a violation of the law, because the implementation the death penalty actually enforced in order to protect human rights itself. In the view of Islamic law, death penalty, can be done on four cases, namely that of adultery, killing intentionally, Hirabah and apostasy. Furthermore, the death penalty should be carried out in accordance with maqāṣid al-sharī'ah and justice. In maqāṣid al-sharī'ah perspective, the purpose of death penalty should refer to maintain religion (ḥifẓ al-dīn), maintain body or maintain the survival (ḥifẓ al-nafs), mind (ḥifẓ al-'aql), descent (ḥifẓ alnasl), and maintaining property (ḥifẓ al-māl). While in the perspective of justice, State, on behalf of the law must protect its citizens from legal events that harm society.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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