scholarly journals Scientific Testimony Terhadap Hukuman Mati Bagi Pelaku Tindak Pidana Narkotika

2020 ◽  
Vol 3 (1) ◽  
pp. 61-69
Author(s):  
Cardio S. Butar-Butar ◽  
Alpi Sahari ◽  
Surya Perdana
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Economic Losses ◽  
Criminal Cases ◽  
Legal Sanctions ◽  
The Government ◽  
And Function ◽  
North Sumatra ◽  
Scientific Testimony

The rise of narcotics circulation in recent years, has caused many losses not only economic losses but the loss of a generation of people who have lost common sense to become victims of life, even though in a very productive age. Based on this condition, the legal policy taken by the government by making maximum legal sanctions for drug dealers and drug dealers with a maximum sentence of life or death sentence. This writing aims to examine the position and function of scientific testimony on the death penalty for narcotics offenders and the perspective of North Sumatra BNN and North Sumatra Regional Police on scientific testimony on the death penalty for narcotics offenders. The results of this study indicate that the use of scientific testimony in criminal cases will scientifically reveal narcotics criminal cases, so that it can be seen what articles can be applied in narcotics crime cases, that the position and function of scientific testimony against capital punishment for narcotic offenders is as a tool or means to supplement other evidence whether a suspect is indeed eligible for a death sentence or not and also whether or not a recommendation from the results of scientific testimony can change the law enforcement authorities not to impose the death penalty for narcotics offenders depending, whether the investigator or the investigator is willing to use information from the letter of the results.

The Use of the Death Penalty

1969 ◽  
Vol 15 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Walter C. Reckless
Keyword(s):  
United States ◽  
Death Penalty ◽  
Capital Punishment ◽  
The United States ◽  
Death Sentence ◽  
Dramatic Reduction ◽  
Public Sentiment ◽  
Discernible Effect ◽  
The World ◽  
Important Trend

Undoubtedly the most important trend in capital punishment has been the dramatic reduction in the number of offenses statutorily punishable by the death penalty. About two hundred years ago England had over two hundred offenses calling for the death penalty; it now has four. Some countries have abolished capital punishment completely; a few retain it for unusual offenses only. The trend throughout the world, even in the great number of countries that retain the death penalty, is definitely toward a de facto, not a de jure, form of abolition. In the United States, where the death penalty is possible in three-fourths of the states, the number of executions has declined from 199 in 1935 to an average of less than three in the last four years. This change is related to public sentiment against the use of the death penalty and even more directly to the unwillingness of juries and courts to impose a first-degree sentence. The increasing willingness of governors to commute a death sentence and of courts to hear appeals also contributes to this decline. A review of the evidence indicates that use of the death penalty has no discernible effect on the commission of capital offenses (especially murder).

The Execution of Wallace Wilkerson

2017 ◽  
Vol 42 (4) ◽  
pp. 349-367 ◽  
Author(s):  
James R. Acker ◽  
Ryan Champagne
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Legal Documents ◽  
Judicial Decisions ◽  
Firing Squad ◽  
Lethal Injection ◽  
The U.S

Wallace Wilkerson was executed by a Utah firing squad in 1879 after the U.S. Supreme Court affirmed the constitutionality of his sentence. Shots from the marksmen’s rifles missed his heart. Not strapped into the chair where he had been seated, Wilkerson lurched onto the ground and exclaimed, “My God!…They missed it!” He groaned, continued breathing, and was pronounced dead some 27 min later. Relying on contemporaneous news accounts and legal documents, this article describes Wilkerson’s crime, the judicial decisions upholding his death sentence, and his execution. It next examines ensuing methods of capital punishment from the electric chair through lethal injection and notes persistent gaps between principle and practice in the continuing quest for increasingly humane modes of execution. The article concludes by suggesting that Wilkerson’s botched firing squad execution harbingered difficulties which continue to plague capital punishment. The implications for the future of the death penalty—a long-standing and resilient practice in American criminal justice—and the ultimate legacy of Wallace Wilkerson remain uncertain, although starkly evident is the daunting and perhaps impossible challenge of reconciling the paradox inherent in the concept of a “humane execution.”

scholarly journals PROBLEMATIKA YURIDIS PENJATUHAN SANKSI PIDANA MATI TERHADAP KORUPTOR PADA MASA PANDEMI COVID-19

2021 ◽  
Vol 8 (2) ◽  
pp. 178
Author(s):  
Wildan Tantowi
Keyword(s):  
Natural Disaster ◽  
Death Penalty ◽  
Criminal Law ◽  
Literature Study ◽  
Criminal Cases ◽  
Legal Method ◽  
The Government ◽  
The Impact

<p>Abstract<br />Corrutiption is categorized as an extraordinary crime, the eradicting must also be done  seriously. This article examines the criminal law policy of imposing the death penalty for corruptors during the covid-19 Pandemic. The Covid Pandemic in Indonesia as a national non-natural disaster which has been a serious concern of the government. In the event of corruption cases occur during the Covid-19 Pandemic, such criminal cases should be tackled in an extraordinary and special way because the impact of Covid-19 Pandemic has affected all sectors of life. Considering the Covid-19 Pandemic, it is appropriate if Indonesia is currently categorized under certain conditions. It means that this condition implies that if a criminal act of corruption occurs during the Covid-19 Pandemic, law enforcers can prosecute or impose a death penalty for corruption perpetrators as stipulated in Article 2 paragraph (1) and (2) of the Corruption Eradication Law. This research used the normative legal method which is carried out through literature study and used the statue approach to find out what weaknesses can lead to juridical problems with the enforcement of the death penalty against corruptors in Indonesia and to analyze the urgency of criminal law policy n the imposition of the death penalty for corruptors during the Covid-19 Pandemic.<br /><br /></p><p>Abstrak<br />Tindak pidana korupsi dikategorikan sebagai extraordinary crime, Pemberantasan tindak  pidana korupsi  juga harus dilakukan dengan cara yang luar biasa. Artikel ini mengkaji tentang kebijakan hukum pidana penjatuhan sanksi pidana mati terhadap koruptor pada masa Pandemi Covid-19 . Pandemi Covid-19 di Indonesia ditetapkan sebagai bencana non-alam nasional yang telah menjadi perhatian serius dari pemerintah. Apabila terjadi tindak pidana korupsi pada masa Pandemi Covid-19 ini, maka penanggulangan tindak pidana korupsi tersebut harus dilakukan secara luar biasa dan khusus. Mengingat dampak dari Pandemi Covid-19 ini telah mempengaruhi segalam macam sektor kehidupan. Melihat kondisi Pandemi Covid-19 sudah selayaknya apabila Indonesia saat ini dikategorikan dalam kondisi keadaan tertentu. Artinya dari kondisi tersebut berimplikasi apabila terjadi tindak pidana korupsi pada masa Pandemi Covid-19 penegak hukum dapat menuntut atau menjatuhkan pidana mati bagi pelaku korupsi sebagaimana telah diatur dalam Pasal 2 ayat (1) dan (2) Undang-Undang Pemberantasan Tindak Pidana Korupsi. Metode Penelitian yang digunakan dalam artikel ini menggunakan metode penelitian hukum normatif yang dilakukan melalui studi kepustakaan dan dipadukan dengan pendekatan perundang-undangan yang nantinya tujuan dari penulisan artikel untuk mengetahui kelemahan-kelemahan apa saja yang dapat memunculkan sebuah problematika yuridis terhadap penegakan hukuman pidana mati kepada koruptor di Indonesia dan menganalisis urgensi<br />kebijakan hukum pidana di Indonesia dalam penjatuhan pidana mati kepada koruptor pada  masa Pandemi Covid-19.<br /><br /></p>

The Shadow of Subversion

2020 ◽  
pp. 201-244
Author(s):  
David M. Doyle ◽  
Liam O’Callaghan
Keyword(s):  
Criminal Justice ◽  
Northern Ireland ◽  
Death Penalty ◽  
The State ◽  
Death Sentence ◽  
Death Sentences ◽  
Irish Government ◽  
Additional Protection ◽  
The Republic ◽  
The Government

This chapter examines the abolition of the death penalty in Ireland. The Criminal Justice Act 1964, introduced by the Minister for Justice and staunch abolitionist Charles Haughey, removed the death penalty for all offences apart from murder committed under certain circumstances. Among these was murder of an on-duty member of the Garda Síochána, who, the government decided, warranted the additional protection assumed to be afforded them by the death penalty. The legislation was grounded in lingering fears, as old as the state itself, about anti-state subversive activities, mainly those likely to be carried out by the IRA. In light of this, the chapter compares the abolition experiences of the Republic of Ireland and Northern Ireland. That the death penalty was a dubious deterrent under the southern legislation was proven by a spate of garda murders (and resultant death sentences) in the 1970s and 1980s perpetrated by individuals specifically targeted by the 1964 Act. The potency of the 1964 Act was also undermined by the singular unwillingness of any Irish government even consider confirming a death sentence, especially in light of the abolitionist consensus among western European governments.

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 Formulative Policy of Death Penalty for Corruptors in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Capital Punishment ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Analysis Technique ◽  
Library Studies ◽  
The Republic ◽  
The Government ◽  
Materials Used

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.

scholarly journals Disparity Of Death Penalthy Decision Against People Criminal Acts Of Dark Circular Narcotics

2020 ◽  
Vol 2 (1) ◽  
pp. 9-19
Author(s):  
Yogi Prasetya Sinambela
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Drug Trafficking ◽  
Illicit Drug ◽  
Secondary Data ◽  
Primary Data ◽  
Death Sentence ◽  
Constitutional Court ◽  
Special Rules ◽  
Illicit Drug Trafficking

According to Law NUMBER 35 of 2009 concerning Narcotics. Regulate the death penalty for drug traffickers listed in article 114 paragraph (12), article 119 paragraph (2) and article 121 paragraph (2) which can impose the death penalty that has evidence exceeding 5 (five grams) and narcotics groups 1 and 2. The purpose of the study is to find out how the regulation of capital punishment against perpetrators of criminal acts of illicit drug trafficking and how capital punishment disparities against perpetrators of illicit trafficking in narcotics as well as criminal law policies to overcome the disparity in the death penalty for perpetrators of illegal drug trafficking through approach according to Law Number 35 of 2009 concerning Narcotics. The research conducted juridical legal research with a normative approach taken from primary data by conducting library studies and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it was understood that the regulation of the death penalty against perpetrators of criminal acts of illicit drug trafficking could be carried out by the death penalty reinforced by the Decision of the Constitutional Court (MK) Number 203 / PUU-V / 2007 dated October 30th, 2007, be carried out carefully and pay attention to the rights of death row inmates who are in the stage after the verdict will wait for the period of clemency, and then will wait for the execution of the death sentence. The disparity in narcotics penalty decisions is caused by several factors, namely the difference in the philosophy of punishment, the factor of the absence of criminal guidance, the factor of the independent judicial authority, the factor of authority of the judge’s decision. In this case there will be discrimination between dealers who are given a decision by the judge, in the case of a sentence that is not in accordance with its portion., regarding it should be associated with evidence found. Therefore, special rules are needed regarding the death penalty associated with narcotics evidence, for example having 5 kg of narcotics can be sentenced to death, without having gaps like what happened in article 114 paragraph (2)

scholarly journals SANKSI PIDANA KEMATIAN BAGI ORANG KORUPSI DI INDONESIA (Death Criminal Sanctions For Personnel Of Corruption In Indonesia)

2021 ◽  
Vol 3 (2) ◽  
pp. 118-135
Author(s):  
Irvino Rangkuti, Alvi Syahrin, Suhaidi, Mahmud Mulyadi
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Shock Therapy ◽  
Death Sentence ◽  
Prison Sentence ◽  
Life Imprisonment ◽  
Republic Of China ◽  
Criminal Sanctions ◽  
Running Away ◽  
Economic Standpoint

The application of capital punishment itself has been regulated in Indonesia as contained in the law. Article 2 paragraph (2) of Corruption Act concerning Eradication of Corruption Crimes. According to Romli Atmasasmita, it was argued that the death penalty for corruptors was effectively implemented in the People's Republic of China (PRC), and it was quite successful to reduce corruption. This certainly can be used as an example in Indonesia in imposing capital punishment for corruptors. The imposition of capital punishment for perpetrators of corruption is urgently needed as "shock therapy" because psychologically the death penalty aims for the benefit of general prevention so that others do not participate in committing crimes. Also, the application of capital punishment is based on the reason that capital punishment is more certain than the prison sentence because the prison sentence is often followed by running away, forgiveness, or because of the release. When compared from an economic standpoint, basically the death sentence is more efficient when compared to life imprisonment. As for the problems that can be formulated, namely: legal arrangements regarding corruption in the Corruption Act; the application of capital punishment sanctions against perpetrators of corruption in Indonesia. The results of the study show that: Corruption is a type of extraordinary crime ("extra-ordinary crime") that must be handled extraordinarily, so that the act is contrary to the 1945 Constitution, therefore it does not need to be protected by the 1945 Constitution. accommodated in Article 2 paragraph (2) of the Corruption Act, must meet the requirements "in certain circumstances" by the Elucidation of Article 2 paragraph (2), but its application has never been implemented, so it is necessary to review the rules "in certain circumstances".

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.

Damnatio Memoriae

2021 ◽  
Vol 2 (12) ◽  
pp. 52-63
Author(s):  
Alexander B. Joy ◽  
Keyword(s):  
Death Penalty ◽  
Short Story ◽  
Capital Punishment ◽  
New Technologies ◽  
The State ◽  
Public Affair ◽  
Electrical Shocks ◽  
History Of ◽  
The Government

Are we just the sum of our memories? Is erasing all the memories of a person more, or less humane, than the death penalty? In this work of philosophical short story fiction, a member of the diplomatic corps recounts the history of Etescanate people and the evolution of their implantation of the death penalty over the centuries. Initially, the death penalty was a drawn out, painful and public affair. As time progressed, it remained public, but became more humane. With the advent of new technologies, it was moved indoors as a private affair where electrical shocks or injections were used. Now, the Etescanate people believe they have found the most humane form of capital punishment, complete memory erasure. Those that are found guilty of the most serious crimes are given a chemical cocktail that completely erases their minds of their entire past. There is one caveat to this punishment, while the government has outlawed killing by the state, it still leaves open the possibility of killing by others and, in some cases, the convicted opt to be killed privately instead.

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