<![CDATA[The death penalty is an extreme form of punishment that remains part of Indonesia’s positive law and continues to generate debate from legal, moral, and human rights perspectives. The enactment of Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code) reconstructs the death penalty as a special and alternative punishment with a 10-year probationary period. This study aims to analyze the dynamics and reconstruction of the death penalty following the enactment of the New Criminal Code and examine the 10-year probationary period from the perspective of Jeremy Bentham’s utilitarianism. This normative juridical study employs a statutory and conceptual approach. The analysis focuses on Articles 98 to 101 of Law Number 1 of 2023 and the concepts of the principle of utility and felicific calculus. The findings show that the reconstruction of the death penalty provides opportunities for rehabilitation, prevents immediate execution, and considers the interests of society. However, the 10-year probationary period may also cause psychological suffering, legal uncertainty, and concerns regarding the objectivity of assessing prisoners’ behavior. Based on the felicific calculus, this policy reflects a paradox between protecting society and reducing the suffering of prisoners. Its effectiveness and legitimacy depend on legal certainty, objective assessment, and a balance between social benefits and the suffering imposed.]]>
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