Jurnal Akta Yudisia
Vol 8, No 2 (2023): Desember 2023

KEBIJAKAN HUKUMAN MATI DAN PROBLEMATIKA PENERAPAN DITINJAU DARI HAK ASASI MANUSIA

Abshar, Rijal Ulil (Unknown)



Article Info

Publish Date
14 Dec 2023

Abstract

AbstractIndonesia is one of the countries that still maintains and acknowledges thelegality of the death penalty as one of the ways to punish perpetrators of criminalacts. Furthermore, the existence of the death penalty in Indonesia will continueto persist in the future, as it is retained as one of the criminal sanctions in thenew draft of the Criminal Code. The death penalty, in addition to being the mostsevere punishment, is also a highly daunting penalty, particularly for convictsawaiting execution. This research employs a normative juridical approach, amethod in which law is conceptualized as norms, rules, principles, or doctrines.The approach in this study utilizes secondary data comprising primary legalmaterials, secondary legal materials, and tertiary legal materials. Based on thefindings of this research, the policy of the death penalty, when viewed throughthe lens of Human Rights, significantly contradicts Human Rights principles as itpertains to the fundamental right to life. The 1945 Constitution of Indonesia, asthe written fundamental law of the nation, has declared that every individual hasthe right to life and the protection of that life.Keywords: the death penalty, death penalty policy, human rights

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Journal Info

Abbrev

aktayudisia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and ...