<![CDATA[Following the enactment of Law Number 1 of 2023 concerning the Criminal Code, a paradigm shift has occurred in the regulation of the death penalty, which is no longer positioned as a principal punishment but as a special and alternative punishment under Articles 67 and 100 of the National Criminal Code. This development raises conceptual questions regarding the normative construction of Article 100 and its conformity with the principle of protecting human life within the framework of maqashid shariah. This study aims to analyze the extent to which the probationary period for the death penalty as regulated in Article 100 reflects the principles of hifz an-nafs. The research employs a normative legal method using a statute approach and a conceptual approach. The findings indicate that the probationary period reflects a more humanistic penal paradigm by positioning the death penalty not only as a means of punishment but also as a mechanism for evaluating the conduct of convicts. Nevertheless, several normative weaknesses remain, particularly the use of the phrase “can be changed,” which creates legal uncertainty, and the absence of clear criteria for assessing convicts’ behavior, thereby allowing subjective interpretation. From the perspective of maqashid shariah (hifz an-nafs), this regulation demonstrates efforts to protect life through the postponement of executions and the provision of opportunities for self-improvement. However, such protection remains limited due to the continued possibility of execution, legal uncertainty, and potential subjectivity in its implementation.]]>
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