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All Journal Jurnal Mahasiswa Fakultas Hukum Jurnal Cakrawala Hukum BHIRAWA LAW JOURNAL MLJ Merdeka Law Journal Jurnal Dinamika Hukum
Hatarto Pakpahan
Fakultas Hukum Universitas Merdeka Malang
Law, Crime, Criminology & Criminal Justice

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Underutilization of Death Row Clemency and Its Implications for Justice and Human Rights Hatarto Pakpahan; Fathor Rahman
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.15994

Abstract

The death penalty in Indonesia is controversial because it is contrary to human rights principles, although executions are carried out based on the sovereignty of national law. The uncertainty of the clemency process has a double impact: the convict experiences an unclear fate, and the state is criticized for the inconsistent application of the law. The "death row phenomenon" is recognized as a form of psychological torture for convicts awaiting a decision. This study analyzesdimensions of justice, ethical dimensions and the theoretical framework, as well as victim exclusion in the Indonesian Clemency Law. The study employs a normative method with a legislative and conceptual approach. Data is collected through literature studies of primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively with legal interpretation. The study identified three dimensions of death penalty clemency: the impact on justice, ethical considerations, and the effect on victims. Gaps were found in the transparency of the process, inconsistent application, low success rate (4.8%), and lack of victim involvement, which hinders psychological recovery. Clemency in the death penalty acts as a mechanism for correcting injustice and protecting human rights, but its implementation shows inconsistency. Regulatory reform is needed that balances retributive justice with humanitarian values through increased transparency, victim involvement, and the establishment of clear substantive criteria.
Analisis Kedudukan Hukum Lie Detector dalam Pembuktian Tindak Pidana Pembunuhan Berencana Hatarto Pakpahan; George Renjaan
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This research aims to analyze the legal standing of using a lie detector in the settlement of the premeditated murder case committed by Jesika Kumala Wongso against I Wayan Mirna Salihin, and to determine the implementation of applying the lie detector in the premeditated murder criminal case. The type of legal research used in this study is normative legal research, and the method of addressing the problem uses the statutory approach and the case approach. The research results show that the legal standing of using the Lie Detector constitutes valid evidence as referred to in Article 184 of the Criminal Procedure Code, namely expert testimony. This is because the results of the examination using the Lie Detector method are then printed out and explained again by an expert who possesses the necessary capability. Therefore, the position of the lie detector in the evidentiary process of the criminal case in Supreme Court Decision Number 498K/PID/2017 is as a complement to the decision-making process, as the judge's conviction was already obtained based on evidence with high probative value, and the Supreme Court judge upheld the decisions of the first-instance and appellate courts.
Co-Authors Ahmad Aryo Alief Raihan Crisjiatmoko Mindika Dwimaylando Eka Nugraha Putra Fathor Rahman George Renjaan Laila, Khotbatul Lailawati, Fadilla Dwi Nahak, Artha Ulina Nahdiya Sabrina Ni Luh Ayu Mondrisa Dwipayana Setiyono, Setiyono Talita Costanza Wika Yudha Shanty, Wika Yudha