The Criminal Imposition Revolution in the Death Penalty in Indonesia

Abstract

The pro and con conflicts related to the implementation of capital punishment in Indonesia are still a quite complicated debate both in terms of the old Criminal Code and the National Criminal Code. Death penalty is considered as a deprivation of human rights to maintain life. This is considered as a rejection of the provisions of article 28 of the 1945 Constitution which explains all human rights in it. For those who oppose the death penalty, the state is considered to have violated Article 28 of the 1945 Constitution even though it is an order of office which is in accordance with other legal regulations. In the old Criminal Code, death penalty is included in the main punishment, while in the National Criminal Code, death penalty is included in special punishment. In its development from the Old Criminal Code and the National Criminal Code, the paradigm of the death penalty remains in the concept that punishment is an alternative way, even with the death penalty which, as much as possible, if there is a way out other than capital punishment, then that's good. The formulation of capital punishment is not merely punishing someone by eliminating the right to life. Implementation of capital punishment is also carried out as a last alternative so that in the National Criminal Code the formulation of capital punishment is adjusted to the culture, values and norms that live in Indonesian society and the laws that apply in Indonesia.