Legal Construction of the Application of the Death Penalty in Indonesia

Abstract

The aim of this research is to determine and analyze the legal political interpretation of the application of the death penalty in Indonesia. In this writing the author uses a normative juridical method with research specifications in the form of descriptive analysis. The death penalty still causes debate in society. The existence of pros and cons makes the death penalty still a matter of debate to this day. Some people who are pro believe that imposing the death penalty on perpetrators of extraordinary crimes is indeed very appropriate so that the perpetrators of the crime feel a deterrent effect and is a lesson for others so that they do not commit the same crime, but on the other hand, those who are against it are of the opinion that the death penalty is a severe punishment that goes beyond humanitarian limits and violates the Human Rights Justice Act. The death penalty in Indonesia is regulated in Article 10 of the Criminal Code in conjunction with Article 11 of the Criminal Code. The death penalty is one of the main crimes that is still maintained by the Criminal Law in Indonesia. Juridically, the implementation of the death penalty is based on a court decision which has permanent legal force (incracht van gewssdje). Which decisions are based on applicable positive legal provisions, such as the Criminal Code and other laws and regulations outside the Criminal Code which contain the threat of the death penalty.