Hukuman mati dalam konteks undang-undang hak asasi manusia di Indonesia

• Main Author: Girsang, Nelvitia Purba
• Format: Thesis
• Language: English; English
• Published: 2016
• Subjects: DS Asia; K Law (General)
• Online Access: http://etd.uum.edu.my/6513/

A research about the death penalty more often than never always ignites negative impression to human rights. However present literature has not been able to determine the extent of such human rights infringements. Therefore the objective of this study is to discuss death penalty in the context of Indonesian Constitution and its relevance to the law of human rights in Indonesia. The method used in this study is socio-legal with a qualitative approach that is by examining the judgment in cases deliberated by Indonesian Constitutional Court in Jakarta,, the role played by the human rights court and state court in Medan in cases with regard to human rights issues and violations where the death penalty is concerned. Respondents interviewed included legal experts, religious leaders and Non Governmental Organization (NGO) in Jakarta. Research findings showed that the death penalty is not in violation of human rights as provided under the provisions of Undang-Undang No 39 Tahun 1999 and Fasal 28 Undang-Undang Dasar 1945. The findings indicated that the death penalty remains the agreed law as provided in the laws of Indonesia Moreover the death penalty is only applicable to serious criminal offences and is imposed with the aim of preventing crimes in society. However the authorities could not achieve this aim due to administrative issues and the implementation of the death penalty it self where uncertain executions take a relatively long period of time. For instance the waiting of up to 10 years in prison pending the execution of the death sentence. The long wait for execution of the death sentence is one gross human rights infringement since the offender would suffer stress and emotional disorder due to the uncertainties of their status. This study proposes a reform for an effective imposition of the death sentence in Indonesian criminal law for serious crime offenders. Rigor of execution should be implemented once a death sentence is pronounced by the court.