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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Istiqlal Assaad
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Law, Crime, Criminology & Criminal Justice

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Life Imprisonment: Legal and Human Rights Perspectives in The Indonesian Criminal Justice System Istiqlal Assaad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6221

Abstract

The death penalty in Indonesia, as governed by the new Penal Code (KUHP) under Law No. 1 of 2023, represents a significant shift from its previous application. Historically, the death penalty was considered the most severe punishment for serious crimes such as premeditated murder, terrorism, and drug trafficking. However, the revised KUHP reclassifies the death penalty as a special form of punishment with a probationary period of 10 years, during which the convict's behavior and potential for rehabilitation are assessed. If the offender demonstrates remorse and positive behavioral change, their sentence may be commuted to life imprisonment. This reform introduces a more restorative approach to justice while still retaining the death penalty as an option for the most serious crimes. The KUHP also includes provisions to protect vulnerable individuals, such as postponing executions for pregnant women and those with mental health conditions. From a human rights perspective, the death penalty raises significant concerns regarding the right to life and freedom from cruel and inhuman treatment. While proponents argue that it serves as a deterrent, human rights organizations emphasize the protection of fundamental freedoms. The new KUHP aims to strike a balance between justice, deterrence, and human rights, with the potential for a future moratorium on the death penalty in Indonesia
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