Problems of Implementing the Death Penalty in the Context of Law Enforcement in Indonesia (Analysis of the Sambo Case)

Made Feri (Fakultas Hukum, Universitas Mahendradatta)
A.A Sagung Poetri Praniti (Fakultas Hukum,Universitas Mahendradatta)
Ida Bagus Anggapurana Pidada (Fakultas Hukum,Universitas Mahendradatta)

Formosa Journal of Applied Sciences (FJAS)
Vol. 2 No. 10 (2023): October 2023

The death penalty is a punishment that is still recognized as being implemented in Indonesia. The death penalty is usually applied to perpetrators of certain crimes where the crime falls into the category of extraordinary crimes. This research was conducted using the normative legal research method (normative law research) using normative case studies in the form of legal behavior products. Legal certainty regarding the death penalty can be seen in Article 10 letter a of the Criminal Code (KUHP), explaining that the death penalty is one of the basic punishments. At the same time, article 28A of the 1945 Constitution explains that "everyone has the right to live and the right to defend his life and living". Apart from that, article 28I paragraph (1) of the 1945 Constitution also emphasizes that "The right to life is a human right that cannot be reduced under any circumstances". Even the International Covenant, namely the Universal Declaration of Human Rights (UDHR), in article 3, emphasizes that, "Everyone has the right to life, liberty and safety as an individual."