JHR (Jurnal Hukum Replik)
Vol 12, No 1 (2024): JURNAL HUKUM REPLIK

Enforcement of Reduced Punishment for Perpetrators of Terrorism Crimes against Death Penalty Punishment

Serbabagus, Shalahudin (Unknown)
Andreianto, Frifqi Dewangga (Unknown)
Munir, Ahmad (Unknown)
Hudi, Moh. (Unknown)



Article Info

Publish Date
02 Apr 2024

Abstract

Terrorism is one of the crimes that fall under the death penalty category. The threat of the death penalty for perpetrators of criminal acts of terrorism as a tool to enforce the law. However, there are conflicting rules between the death penalty and human rights. So, can the death penalty be changed to life imprisonment? This research aimed to analyse whether reducing punishment for those convicted of terrorism could be enforced. This research uses a normative research method with a statutory, conceptual, and case approach through judge decisions relating to terrorism cases. The implementation of Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism considers acts of terrorism to be a threat to ideology and national security. The death penalty is imposed as a last resort to protect society and can be carried out after a prisoner's request for pardon is rejected by the President. Legal efforts that can be taken to reduce terrorism punishment range from filing an appeal, cassation, and judicial review to the final application to ask for forgiveness from the President, who is the convict's only hope of reducing the sentence to obtain human rights protection and legal relief.

Copyrights © 2024






Journal Info

Abbrev

replik

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic ...