scholarly journals Masalah Pidana Mati

2021 ◽  
Author(s):  
nur rois
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Contentious Issue ◽  
Abolitionist Movement

Issue of capital punishment is a contentious issue since the death penalty was man created, the controversy of the human rights and the state's right to use capital punishment. Lately the abolitionist movement are violently opposed to the death penalty policy - Masalah pidana mati merupakan masalah yang menjadi perdebatan manusia sejak pidana mati itu diciptakan, kontroversi dari sisi hak asasi manusia dan hak negara untuk mencabut nyawa warga negara. Akhir-akhir ini gerakan kaum abolisionis semakin keras menentang kebijakan pidana mati tersebut

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 Death Penalty in Pakistan in nexus with International Human Rights Laws and Sharia’h

2020 ◽  
Vol 2 (2) ◽  
pp. 78-86
Author(s):  
Muhammad Waqas Javed ◽  
◽  
Naila Kareem ◽  
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Justice System ◽  
Special Focus ◽  
Political Rights ◽  
International Human Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
International Fair

In the instant study, we focus to point out Islamic perspective in relation to international human rights laws pertaining to death penalty in the context of Pakistan. We have discussed the perspective certain jurists who claim qisas is an alternative prayer, and it can be abolished. However, the study maintains that Islamic injunctions support, and recommend for capital punishment for certain offences, while diyatis an alternative penalty. Further, we have deliberated death penalty in the light of human rights conventions with special focus on Article 6 of the International Covenant of Civil and Political Rights (ICCPR), 1966. The debate also surrounds abolitionists or retentionists views with special reference to Pakistan. It concludes that immediate abolishment of death penalty may not be possible in Pakistan. Nevertheless, as a first step, it needs to re-interpret the phrase “most serious crimes” envisaged under Article 6 of ICCPR in its true letter and spirit, or to exercise de facto abolishment of it until its crippled criminal justice system ensures international fair trial standards. As internal peace and security situation improves in Pakistan, so it may enforce de-jure halt.

scholarly journals MISUNDERSTANDING OF THE INDONESIAN HUMAN RIGHTS ACTIVISTS ON THE APPLICATION OF THE DEATH PENALTY

Asy-Syari ah ◽  
2016 ◽  
Vol 18 (1) ◽  
pp. 185-198
Author(s):  
Tajul Arifin
Keyword(s):  
United States ◽  
Human Rights ◽  
United Nations ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Statistical Data ◽  
The United States ◽  
Drugs And Crime ◽  
Low Rate

AbstractThis research mainly uses statistical data published by the United Nations Office on Drugs and Crime (UNDDC) in April 2014 to support the hypothesis of this research that “Human Rights Activists in Indonesia as in other countries have failed in comprehending the wisdom (hikmah) of the application of Capital Punishment”. This study found that: (1) the hypothesis of this research was strongly supported by the data; (2) the application of Syari`ah Criminal Law in Saudi Arabia has been an unchallenged proof for the wisdom (hikmah) behind the application of Capital Punishment by keeping the level of murder crime to a low rate which sharply contrast to many countries which apply positive laws which are based on a social contract between the ruler and the ruled, such as in The United States and Mexico; and (3) In upholding the true justice in Islamic Criminal Law, punishment can only be awarded to the criminals in a society where the Islamic ideal of social justice has been achieved. AbstrakPenelitian ini menggunakan data statistik yang diterbitkan oleh United Nations Office on Drugs and Crime (UNDDC) pada bulan April 2014 untuk mendukung hipotesis dari penelitian ini bahwa "Aktivis HAM di Indonesia seperti di negara-negara lain telah gagal dalam memahami hikmah dari penerapan hukuman mati". Studi ini menemukan bahwa: (1) hipotesis penelitian ini sangat didukung oleh data; (2) penerapan Hukum Pidana Syari`ah di Arab Saudi telah menjadi bukti tak terbantahkan untuk menunjukkan hikmah di balik penerapan hukuman mati dengan menjaga tingkat kejahatan pembunuhan pada tingkat yang sangat rendah yang sangat berlawanan dengan yang terjadi di banyak negara yang menerapkan hukum positif yang didasarkan pada kontrak sosial antara penguasa dan rakyat, seperti di Amerika Serikat dan Meksiko; dan (3) dalam menegakkan keadilan sejati dalam Hukum Pidana Islam, hukuman hanya dapat diberikan kepada penjahat dalam masyarakat di mana keadilan sosial yang ideal menurut Islam telah dicapai.

Between hammer and anvil: the Russian Constitutional Court’s position on abolition of the death penalty

2020 ◽  
Vol 29 (5) ◽  
pp. 112-133
Author(s):  
Olga Komshukova
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
Death Penalty ◽  
Capital Punishment ◽  
Professional Community ◽  
European Convention ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Council Of Europe ◽  
Key Factor

The key factor in maintaining a moratorium on the death penalty in Russia is its membership in the Council of Europe, which requires compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the abolition of the death penalty. One of the proponents of maintaining Russia’s adherence to the Convention is the Russian Constitutional Court. However, the return of the death penalty as a capital punishment finds some support in Russia. Therefore, the Constitutional Court has to maintain a balance between two forces: internal pressure from public opinion and a number of conservative government representatives, and fidelity to the fundamental principles of the Russian Constitution and international law, backed up by international obligations undertaken by Russia. The purpose of this article is to identify and analyze contradictions among the priorities of the Russian Constitutional Court in its implementation of foreign and domestic legal policy through a political and legal analysis of its argumentation regarding the abolition of the death penalty. In turn, full-fledged analysis of the Court’s argument is possible only by taking into account the domestic and international contexts. The article is structured as follows: firstly, it examines the evolution of the question of the abolition of the death penalty in Russia and the main decisions of the Russian Constitutional Court related to the introduction and maintenance of a moratorium on the death penalty. Secondly, it examines the domestic context of decisions taken by the Court from the perspective of key actors (the professional community, government officials, public opinion). Thirdly, it considers the international context of decision-making (the development of relations between Russia and the Council of Europe, the Russian Constitutional Court and the European Court of Human Rights, as well as foreign experience with the issue of abolition of the death penalty). In conclusion, the article analyzes the main arguments of the Russian Constitutional Court to justify the need to abolish the death penalty and discusses the role of the Constitutional Court in resolving the death penalty issue.

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 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 La Peine de Mort et le Droit à la Vie.

2018 ◽  
Vol 5 (1) ◽  
pp. 4322-4326
Author(s):  
Louis Mendy
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Universal Declaration ◽  
Large Majority ◽  
Moral Duty ◽  
Human Beings ◽  
The People ◽  
The World

Death Penalty has been practiced since human beings decided to constitute nations and live in countries. It was institutionalized to get rid of people who were supposed to be harmful to societies. However, proponents of Capital Punishment do not seem to understand that people may be executed because of their evil acts, but their death will never wipe evil out of their societies. Since the ratification of the Universal Declaration of Human Rights by a very large majority of countries in the world, the legality and legitimacy of Death Penalty have been constantly questioned by human rights defenders. Even the three major and revealed religions: Christianity, Judaism and Islam recognize that life is a sacred right from God. For the people who are against Death Penalty, Capital Punishment is akin to a premeditated voluntary homicide by a government. Even if Death Penalty is considered as a deterrent in many societies, it has never been proven that it can stop people from committing murders. The abolition of Death Penalty is nowadays a moral duty for all governments. Even a moratorium is proposed to countries which have not abolished it yet. The tendency today is the total abolition of Capital Punishment in the world and its restoration by countries that have already abolished it is something unheard of, retrograde and senseless.

scholarly journals FOREIGN CONVICTS EXECUTION: CRIMINAL JURISDICTION BENEATH INTERNATIONAL TENSION

2017 ◽  
Vol 96 ◽  
Author(s):  
Tajudin . ◽  
Solihin Niar Ramadhan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Death Sentence ◽  
Foreign Nationals ◽  
Law System ◽  
Head Of State ◽  
National Jurisdiction ◽  
The Postponement

The existence ofthe death penalty remains a controversial issue in several countries around the world. Although many countries have abolished the death penalty in its criminal law system, Indonesia still retainsthe capital punishment within its criminal law policy.In Practice, theexecutionhasbeen implemented long agodespite the fact that it leaves a lot of problems. There are many reactions from other countries when prosecutors process to execute foreign nationals. On fact, many head of state request to president of Republic of Indonesia to change the punishment or give forgiveness.This journal will discuss the main problemsencountered in the implementation of the death penalty in Indonesia. The problems are: Firstly,the imposition of the death penalty for foreign nationals in order to implement the national jurisdiction underinternational community’s pressure. Secondly,the postponement of death sentence associated with the theory of retribution and human rights.<br />Keyword: The death penalty, retribution theory, human rights.

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. 

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