SENTRI: Jurnal Riset Ilmiah
Vol. 2 No. 8 (2023): SENTRI : Jurnal Riset Ilmiah, Agustus 2023

PENJATUHAN PIDANA MATI KEPADA PELAKU TINDAK PIDANA DITINJAU DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

Fitriani Fitriani (Universitas Darma Agung)



Article Info

Publish Date
05 Aug 2023

Abstract

According to the provisions of Article 100 paragraph (1) to paragraph (6) of Law Number 1 of 2023, the imposition of capital punishment on the perpetrators of criminal acts must take into account the provisions of the article, in other words, capital punishment is not immediately executed, but with a probationary period of 10 years. Based on this, the problem can be formulated, namely: How is the problem of imposing capital punishment on perpetrators of criminal acts reviewed in Article 100 of Law Number 1 of 2023 concerning the Criminal Code? The research method used in this paper is normative juridical research method. The results of the study show that the imposition of capital punishment on perpetrators of crimes based on the provisions of Article 100 is very ineffective, this is because if the judge imposes capital punishment and the death penalty is not carried out because the defendant has met the criteria of the article, the postponement of capital punishment can have an impact that causes violations of human rights, the impacts related to the postponement of execution include: the occurrence of legal uncertainty which results in death row convicts not being able to exercise their rights to be treated fairly before the law, there is discriminatory treatment, namely by differentiating the term of sentence between one death row convict with others, apart from that there are also indications of torture against death row convicts namely by imposing capital punishment plus imprisonment.

Copyrights © 2023






Journal Info

Abbrev

sentri

Publisher

Subject

Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

SENTRI: Jurnal Riset Ilmiah accomodates original research, or theoretical papers. We invite critical and constructive inquiries into wide range of fields of study with emphasis on interdisciplinary approaches: Humanities and Social sciences, that include: Engineering Agriculture Economics Health IT ...