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VOL. 11, ISSUE 11 (2025)
Law number 1 of 2023's ratio of the death penalty sanction based on the punishment purpose
Authors
Edgar Erlangga Manawan, Elsa Rina Maya Toule, Reimon Supusepa
Abstract
The implementation of Law No. 1 of 2023 on the
Criminal Code aims to resolve a significant and intricate issue in Indonesia,
encompassing political, cultural, and religious dimensions, as well as
addressing the plight of death row inmates who remain incarcerated while
awaiting execution that is perpetually delayed. Nonetheless, several legal
viewpoints contend that the National Criminal Code continues to provide legal
challenges. The implementation of the death penalty in Article 100 generates
legal ambiguity over the timing of its execution, so affecting the enforcement
of death sentences pending trial. This results in protracted criminal
proceedings within the court process, lacking confidence regarding the verdict
and devoid of explicit regulations on the time frame for the issue of a
presidential decree, taking into account the Supreme Court's considerations.
This research employs a normative juridical method, utilizing both a regulatory approach and a conceptual approach. The study's findings indicate that the death penalty, now supplanted by the primary form of punishment, is predicated on the notion that it is not the principal method for rehabilitating individuals or society. Furthermore, the protracted and unknown duration of execution induces compounded distress for convicts, including psychological and mental strain. Law Number 1 of 2023 establishes an alternative death sentence framework featuring a 10-year probationary period, designed to reconcile the interests of offenders, victims, and the community. This affords the condemned individual the chance to assert their right to life as stipulated by the 1945 Constitution and Human Rights Law, while simultaneously ensuring justice for the victims and society
This research employs a normative juridical method, utilizing both a regulatory approach and a conceptual approach. The study's findings indicate that the death penalty, now supplanted by the primary form of punishment, is predicated on the notion that it is not the principal method for rehabilitating individuals or society. Furthermore, the protracted and unknown duration of execution induces compounded distress for convicts, including psychological and mental strain. Law Number 1 of 2023 establishes an alternative death sentence framework featuring a 10-year probationary period, designed to reconcile the interests of offenders, victims, and the community. This affords the condemned individual the chance to assert their right to life as stipulated by the 1945 Constitution and Human Rights Law, while simultaneously ensuring justice for the victims and society
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Pages:21-25
How to cite this article:
Edgar Erlangga Manawan, Elsa Rina Maya Toule, Reimon Supusepa "Law number 1 of 2023's ratio of the death penalty sanction based on the punishment purpose". International Journal of Law, Vol 11, Issue 11, 2025, Pages 21-25
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