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VOL. 12, ISSUE 2 (2026)
Conditional death penalty policy in the new criminal code: An analysis of the 10-year probation period from the perspective of international human rights
Authors
M Irsyad Haryanto, Joko Setiyono
Abstract
Law Number 1 of 2023 on the Criminal Code (New
Criminal Code) introduces the concept of conditional death penalty as a form of
criminal justice reform in Indonesia. One of its key mechanisms is a 10 (ten)
year probation period regulated under Article 100 of the New Criminal Code, in
which death row inmates are given the opportunity to demonstrate remorse and
behavioral change before a decision on execution or sentence commutation is
made. This study aims to analyze whether the 10-year probation mechanism complies
with international Human Rights standards, particularly the International
Covenant on Civil and Political Rights (ICCPR) and other human rights
instruments. Using normative legal research methods, this study examines
various laws and regulations, court decisions, and relevant legal doctrines.
The results show that although the conditional death penalty mechanism
represents a progressive step in Indonesia's criminal law reform, several
unresolved legal problems remain, including the absence of clear criteria for
assessing convict eligibility, the potential occurrence of the death row
phenomenon contrary to Article 7 of the ICCPR, and legal uncertainty due to the
lack of a definitive time limit in the clemency application process. This study
recommends the need for comprehensive implementing regulations to ensure legal
certainty while protecting the human rights of death row convicts during the
probation period.
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Pages:317-321
How to cite this article:
M Irsyad Haryanto, Joko Setiyono "Conditional death penalty policy in the new criminal code: An analysis of the 10-year probation period from the perspective of international human rights". International Journal of Law, Vol 12, Issue 2, 2026, Pages 317-321
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