Journal of Law and Nation
Vol. 1 No. 2 (2022): NOVEMBER

TINDAKAN PIDANA MATI TERHADAP HAK ASASI MANUSIA (ANALISIS PADA TERDAKWA KASUS NARKOTIKA DI INDONESIA)

Rizky Yudi Pradipta (Universitas Nasional, Jakarta, Indonesia)
Rumainur Rumainur (Universitas Nasional, Jakarta, Indonesia)



Article Info

Publish Date
13 Oct 2022

Abstract

In 2010 the General Assembly of the United Nations (UN) voted for 109 countries to approve the death penalty. Still, 41 countries did not agree based on the decision, one of which was Indonesia. To break the narcotics network in Indonesia, the application of severe punishment in the form of the death penalty is carried out as a preventive measure. The State of Indonesia established these rules in the 1945 Constitution, which is the legal basis for implementing state life and the welfare of the Indonesian people. However, implementing the death penalty contains different views from various groups. These factors include law enforcers who are not firm and social conditions that do not support and involve human rights. This study will use the method of normative juridical that researchers will analyze based on secondary data, which includes books, previous research, and news. The data analysis technique in this study is called "library research" or normative juridical, namely through data processing, systematization, and interpretation of the qualitative analysis. The findings of this study are that the death penalty does not affect human rights (HAM), and the application of the death penalty in Indonesia must follow the decision of the Constitutional Court or based on court decisions. In undergoing a court decision, the defendant still has the opportunity to obtain clemency (pardon) which is the right of every perpetrator of the death penalty.

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Journal Info

Abbrev

joln

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, ...