KAJIAN YURIDIS TENTANG PELAKSANAAN PIDANA MATI DI INDONESIA (Suatu Studi Di Pengadilan Negeri Kelas IA Kendari)

Abstract

This study aims to: 1) To find out and understand whether the death penalty in Indonesia still needs to be maintained or not. 2) To find out and understand the application of the death penalty reviewed according to human rights law. The study was conducted at the Police Office, the Kendari District Attorney's Office, and the Kendari Class IA District Court, with the consideration that these institutions are legal institutions that are competent to examine and try cases of both minor and serious crimes. From all the research results, both those carried out in the library and those carried out in the field, the researcher then analyzed them based on analytical descriptions. The results of this study indicate that: 1) The death penalty is still applied in Indonesia as stated in Indonesian positive law, namely Article 10 of the Criminal Code and is included as a principal crime. This is also supported by the qualification of criminal acts that can be categorized or threatened with the death penalty, including acts of treason, or inviting foreign countries to attack Indonesia, including terrorism activities that always threaten the peace of the Indonesian nation, as well as in the Draft Criminal Code there are also provisions for the death penalty, so that the implementation of the death penalty in Indonesia will still be carried out as long as the rules for implementing the death penalty have not been changed by considering the 2nd principle of Pancasila as the State Foundation which does not want the implementation of the death penalty. 2) The application of the death penalty or what is often referred to as the death penalty is contrary to international human rights provisions, especially Article 3 of the Universal Declaration of Human Rights, namely the right to life. However, there is an exception to this Article, namely Article 4 paragraph (1) of the ICCPR derogable right, which in essence the death penalty can be implemented with the qualification that the crime endangers the public and threatens the peace and tranquility of the Indonesian people in general.