Analisis Hukum Pidana Mati Dalam Sistem Peradilan Pidana Pasca Berlakunya Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

Hasbi Asyadiki
Zhahnil Novariyanto2

Lex Stricta : Jurnal Ilmu Hukum
Vol. 3 No. 1 (2024)

The application of the death penalty in the Indonesian criminal justice system following the enactment of Law Number 1 of 2023 concerning the Criminal Code. (KUHP). This law introduces a number of significant changes to criminal law, including new provisions related to the death penalty. The main focus of this article is to explore how changes in regulations affect legal principles, implementation, and the sustainability of the death penalty in Indonesia. The application of the death penalty from a human rights perspective, as well as a comparison with the criminal justice systems of other countries that have abolished or still implement the death penalty, shows that although the death penalty is still recognized in the new Criminal Code, there is a tendency to allow for alternative punishments, particularly with the introduction of a probation period before execution. This reflects legislative efforts to balance justice, the prevention of serious crimes, and the protection of human rights.