The Problem of Implementing the Death Penalty From the Perspective of Human Rights and Criminal Law
Keywords:
Death Penalty, Human Rights, Criminal LawAbstract
This study aims to analyze the application of the death penalty in relation to Human Rights (HAM) and criminal law. The study was conducted using a juridical-normative approach. The results of the study show several main findings. First, the death penalty is a topic that raises various views from legal experts. Second, from a human rights perspective as regulated in the Constitution of the Republic of Indonesia and Law Number 39 of 1999 concerning Human Rights, there are efforts to adopt international human rights principles, including the UN Charter of Human Rights, to encourage the abolition of the death penalty. Third, although it is still maintained in the Criminal Code (KUHP) and a number of laws and regulations in Indonesia, the death penalty has received sharp criticism from human rights activists. Therefore, in the new Draft Criminal Code, there is a policy compromise by changing the death penalty from the main punishment to an alternative punishment that is only applied for extraordinary crimes.
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