scholarly journals PIDANA MATI DAN HAK ASASI MANUSIA

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 57
Author(s):  
Nikson Gans Lalu
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Life Time ◽  
Draft Code ◽  
Positive Law ◽  
The People ◽  
Pros And Cons ◽  
Individual Protection ◽  
The Individual

Death penalty is regulated in positive law of Indonesia, both governed in Civil Code and outside Code of Criminal Law, such in the Terrorism Law, Narcotics Law, and Corruption Crime Act Eradication Law. This indicates that death penalty is viewed as relevant in line with the crime dynamics growing in the community. Debates regarding death penalty among the pros and cons still take place in Indonesia so it raises a question among the people, how the existence of death penalty is seen of the viewpoints of Pancasila and Human Rights? Indeed, Pancasila contains balance value between one principle to another. If the Pancasila is seen partialy, then the answer arises on the question is the death penalty is contradictory to the Pancasila and Human Rights, however some answer also indicate it is not contracdictory to the Pancasila and Human Rights. National Draft Code of Criminal Law consistently retains the death penalty. However, in it‟s formulation policy remains considering the individual protection, namely enactment on provisions regarding “the suspension of death penalty execution” or “conditional death penalty, “if in the probation period (10 years) the convicted criminal does not show a good conduct, then the death penalty may be changed to life time imprisonment or 20 years imprisonment. The basic idea of maintaining the death penalty is to avoid people‟s demand/reaction which is revenge in nature or “extralegal execution” in nature.   Kata Kunci: Pidana mati

scholarly journals Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Criminal Law ◽  
Islamic Law ◽  
Positive Law ◽  
The Government

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

scholarly journals Legal Certainty on The Implementation of Death Criminal Decisions that have Permanent Law Power in Indonesia(A Review of the Death Criminal Decision on Narcotics in 2014-2018)

2021 ◽  
Vol 07 (11) ◽  
Author(s):  
ALI JOHARDI WIROGIOTO ◽  
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Research Method ◽  
First Principle ◽  
Legal Certainty ◽  
Positive Law ◽  
Religious Law ◽  
The Republic ◽  
International Conventions ◽  
Principle Of Legality

The principle of legal certainty applied to the principle of extra ordinary crime is contrary to the respect for humanity as the most fundamental human rights principle and the principle of legality is associated with positive law and international conventions. The results of this study are intended to seek or find arguments for the certainty of the execution of the death penalty for the community, family, convicts and the state, so that the research on death penalty decisions in narcotics cases that occurred from 2014 to 2018. This research method is included in normative juridical law research. The conclusion is, sentencing with the threat of the death penalty can still be applied in Indonesia in narcotics crime cases is appropriate. Therefore, the death penalty, of course, state law does not conflict with religious law/teachings, in other words, the death penalty does not conflict with the first precepts because the first principle of Pancasila is Belief in One God, which means based on the beliefs/religions of each person who in carrying out/believes His religion is also guaranteed in the 1945 Constitution of the Republic of Indonesia, which is contained in Article 28 E paragraph (1) and paragraph (2) and Article 29 paragraph (2).

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

5 Combatants and Non-Combatants

2021 ◽  
Author(s):  
Ipsen Knut
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Direct Part ◽  
Minimum Standard ◽  
Individual Protection ◽  
The Many ◽  
Enemy Combatant ◽  
The Individual

This chapter examines the regulation of combatant status in treaty law and the many challenges for combatant status in recent armed conflicts. The primary status under international law of persons in an international armed conflict will be one of two categories of persons: ‘combatants’ and ‘civilians’. Combatants may fight within the limits imposed by international law applicable in international armed conflict, that is, they may participate directly in hostilities, which members of medical or religious personnel and ‘non-combatants’ may not do because they are excluded—by international law and by a legal act of their party to the conflict—from the authorization to take a direct part in hostilities. The chapter then discusses ‘unlawful combatants’, or what may be considered the better term: ‘unprivileged belligerents’. The term ‘unlawful enemy combatant’ was particularly used after 11 September 2001, to introduce a third category of persons which under existing law may be either combatants or civilians, but are denied such status as not fulfilling essential conditions. To use this third category in order to reduce the individual protection below the minimum standard of human rights is under no circumstances legally acceptable.

A Powerful Sympathy: Terror, the Prison, and Humanitarian Reform in Early Nineteenth-Century Britain

1986 ◽  
Vol 25 (3) ◽  
pp. 312-334 ◽  
Author(s):  
Randall McGowen
Keyword(s):  
Nineteenth Century ◽  
Death Penalty ◽  
Criminal Law ◽  
Early Nineteenth Century ◽  
The People ◽  
Difficult Time ◽  
Administration Of Justice ◽  
Moral Taste

It is felt that men are henceforth to be held together by new ties, and separated by new barriere; for the ancient bonds will now no longer unite, nor the ancient boundaries confine. [J. S. Mill, “The Spirit of the Age” (1831)]I“The punishment of death shocks every mind to which it is vividly presented,” wrote Edward Gibbon Wakefield in 1832. It “overturns the most settled notions of right and wrong.” H. G. Bennet announced in Parliament in 1820 that he thought an execution “weakened the moral taste or sensibility of the people.” Such high-minded but platitudinous phrases frequently recurred in the early nineteenth-century debate over the criminal law, though historians have had a difficult time knowing what to make of them. Yet for all their vagueness such expressions do reveal a sensibility whose outline we can trace and whose influence we can measure. In drawing a connection between feeling and morality Wakefield appealed to social assumptions and values that were popular among humanitarians. Criminal law reformers proposed a new and exacting standard for the administration of justice: “Punishment,” argued James Scarlett, “ought to be consonant to the feelings and sympathies of mankind; and … those feelings ought to be enlisted on the side of the administration of justice.” They argued that the heavy reliance on the death penalty was a mistaken policy. The gallows aroused dangerous passions that signaled the existence of intractable social antagonism. They opposed such a spectacle with reforms that aimed at the promotion of a social union founded on shared feeling.

scholarly journals Regional Vis-à-Vis Universal Institution for the Protection of Human Rights with Special Reference to Asia

2014 ◽  
Vol 34 ◽  
pp. 39-44
Author(s):  
Sanjay Kumar Yadav
Keyword(s):  
Human Rights ◽  
Special Reference ◽  
Effective Protection ◽  
Regional Institutions ◽  
National System ◽  
The People ◽  
Effective Manner ◽  
Protection Of Human Rights ◽  
Regional Institution ◽  
The Individual

Regional institution for the protection of human rights was born in order to overcome the weaknesses of universal institution for the protection of human rights. Regional institutions not only protected the human rights of the people in a effective manner but also give the rights to the individual to move against his own State for the violation of human rights. Regional institution also provide remedy to the individual when he does not get remedy from the national system for the protection of human rights. In Asia there is no regional institution for the protection of human rights. For effective protection and enforcement of human rights there is need to establish a regional institution in Asia.

scholarly journals “PERAN PANCASILA PADA ERA GLOBALISASI” KAJIAN TERHADAP PANCASILA DAN FENOMENA LGBT (LESBIAN,GAY,BISEXUAL,TRANSGENDER) DI INDONESIA

2017 ◽  
Vol 19 (1) ◽  
pp. 126
Author(s):  
Wawan Setiawan ◽  
Yudhitiya Dyah Sukmadewi
Keyword(s):  
Human Rights ◽  
The State ◽  
The Other ◽  
Religious Groups ◽  
Sexual Deviation ◽  
Other Hand ◽  
The People ◽  
Lgbt Community ◽  
Pros And Cons ◽  
Lgbt People

LGBT phenomenon into a "hot issue" in the international and national levels. LGBT phenomenon in Indonesia would result in the pros and cons of the community. Various groups of people, mainly from religious groups opposed to the existence of the phenomenon. On the other hand, there are also groups that support the LGBT community in Indonesia, the main actors and human rights activists (Human Rights). Most LGBT people found contrary to the noble values of Pancasila, but on the other hand assumes that actors LGBT community is not sexual deviation, and shall have the rights and equality. It is thus necessary to do a study to determine the response of the people of Indonesia respond to the phenomenon of LGBT specifically in this case the younger generation, as well as to determine whether or not the phenomenon of LGBT contrary to the basic values of Pancasila as the State Indonesia.

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.

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