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Journal : Journal of Political And Legal Sovereignty

Construction Of Death Penalty Legal Arrangements in Indonesia Padlah RIYADI
Journal of Political And Legal Sovereignty Vol. 1 No. 1 (2023): Journal of Political And Legal Sovereignty (January – March 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i1.32

Abstract

Purpose - This study aims to investigate and understand the construction of death penalty legal arrangements in Indonesia.Methodology - This study uses document analysis to examine various documents, such as texts, records, official reports, personal diaries, or historical documents, that provide valuable insights for this study. Findings - The issuance of capital punishment as the primary punishment became an alternative (exceptional) special punishment that is based on three main ideas. From the point of view of the objective of the death penalty punishment, in essence, it is not the main or main means to regulate, discipline and improve individuals or society. The death penalty is only a means of exception. So, the death penalty is likened to amputation or surgery in the medical field, which is not the main medicine but the last medicine. Second, the concept of capital punishment as a special punishment departs from the idea of mono-dualistic balance. This idea is oriented towards balancing public interest or protecting society and paying attention to individual interests or protection, with a probationary period of 10 years. Third, the maintenance of capital punishment, even though it is a special punishment, is also based on avoiding societal demands or reactions that are revengeful or extra-legal. Implication - This study has implications for policy, public awareness, comparative analysis, human rights advocacy, and future research directions. Its findings can contribute to informed decision-making, public discourse, and efforts to promote a more just and humane legal system.
Legal Science Perspective in Modern Science Concepts Padlah RIYADI
Journal of Political And Legal Sovereignty Vol. 1 No. 1 (2023): Journal of Political And Legal Sovereignty (January – March 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i1.33

Abstract

Purpose - This research examines the problem of legal science, which is the center of debate among legal scholars with the problem of the perspective of Law in the concept of modern science.Methodology - This study uses empirical legal research methodology. Empirical legal research is a legal research method that uses empirical facts taken from human behavior, both verbal behaviors obtained from interviews and actual behavior carried out through direct observation. This research was conducted by examining the actual situation in society, namely looking for facts related to the problems in research.Findings - The development of the science of Law is progressing very fast along with the development of science and technology, so every law graduate must be able to adjust his knowledge to keep up with these developments. However, this has changed by leaving the original characteristics of the knowledge he studied. The science of Law is independent and should be able to work independently following pure legal concepts and produce laws following the development of more modern society.Implication - The science of Law must return to its central concept as pure legal science. The approaches used in understanding the science of Law as a modern science are by returning the science of Law to its existence as a body of knowledge that will be studied and studied accordingly.