Indonesian Law and the Death Penalty

Indonesian law still retain the death penalty for certain crimes. Although the latest issue of the death penalty in Indonesia invited pros and cons reaction. Some time ago, the debate about the death penalty heated up again after President Joko Widodo refused clemency to death row. By law, the reason most frequently asked is, that the death penalty is a model of legal sanctions legacy of the Dutch colonial government and other reasons put forward human rights issues that have been set in 1945, namely the right to life

The important question is, whether the death penalty is still needed or not? The answer to this question led to the pros and cons, because each side has a view of reason and rationality of their own that can not be ignored. Thus, the issue of the death penalty in Indonesia, must be separated from the two poles of a different opinion. The use of the death penalty should be oriented to form and as a result of the crime. With closer in form and effect of any crime, the use of the death penalty to be freed from the view of the pros and cons. That is, whether the death penalty is removed or retained is determined by the classification of the crime itself, and finally, whether the crimes committed by someone actually violate the human rights of others for example, or crimes committed in fact negate the rights of persons and communities to live.

By specifying the forms of crime or classifying a number of crimes punishable by the death penalty, then the use of the death penalty may be free of the opinion the pros and cons. However, to apply the death penalty or drop witness to the perpetrator of a crime is not easy. The trial judge must consider the severity of the error offenders, to deserve death. Therefore we need a study or legal discovery and deep essential for forms of crime witnesses the death penalty may be imposed. In other words, in determining whether a crime punishable death law is not based on the principle of punishment alone, but considered also, what is the impact of the crime for the long term, both the person and society. This view is only an initial note, with hope in the future there are legal forum about the death penalty dissected thoroughly and deeply in Indonesia. (Note law: Boy Yendra Tamin)

Baca Juga : Indonesian version: Hukum Indonesia dan Hukuman Mati