Death Penalty and Human Rights in Indonesia
DOI:
https://doi.org/10.6000/1929-4409.2020.09.156Keywords:
Death penalty, criminal law, Human Rights, IndonesiaAbstract
The aim of the research was to investigate whether the applicable death penalty in the Criminal Laws of Republic of Indonesia violates the human rights or not. To achieve the objectives of the research, both legal research and social-legal research method were used. Then, the respondents of the research were the representative supreme courts, official commissions, law experts, religious leaders and non-governmental organization. Depth interview and document study were chosen as data sources of the research, then, interview guidelines, note-taking, and voice recorder were used to be the instruments of the research. Death penalty is not contradictory with human rights as stated in Presidential Regulation No 2 of 1964 discussing the death penalty in Indonesia is applicable for those who commit serious crimes, namely; murder, drug possession, terrorist, and corruption. It is also corresponding to International Covenant on Civil and Political Rights, Article 7 Verse (2) – (6), which is stated that death penalty must be performed in proper methodology without both imprisonment for years and mental suffering. Death penalty is legally stated in Indonesia law that it is not recognized as cruel action in which the death penalty have never been resulting both physical and psychological pain as well as stated in Covenant and Political Right.
References
Ali, Achmad, (2008). Revealing the Legal Reality Of The Columns And Articles Of Choice In The Field Of Law, 38. Jakarta: Kencana Prenada Media Group
Asmarani, Nur. (2015). Human Rights Concept in Indonesia: How is It Governed? Journal of Law, Policy and Globalization,vol.38, p.158- 161
Eldridge, Philip. (2002). Human Rights in Post-Suharto Indonesia. Spring 2002 – vol. IX no.1, p.127-140.
Friedman, L.M. Lawrence, (1977). Law And Society An, Introduction Prentice Hall. England: Inc, Englewood.
Garrett, B. L., Alexander, Jakubow, Ankur Desai. (2017). The American Death Penalty Decline. The Journal of Criminal Law &Criminology, vol.107, no.4,p.561- 642.
Hertanti, Rachmi and Aurora, Aravena. (2017). Human Rights As A Key Issue In The Indonesia-Eu Comprehensive Economic Partnership Agreement. Centre for Research on Multinational Corporations (SOMO) and the Transnational Institute (TNI). P.1-17
Ichinose, Masaki. (2017). The Death Penalty Debate: Four Problems and New Philosophical Perspectives. Journal of Practical Ethics. Vol.5, no.1, p. 53-80.
Irianto, Sulistyowati, (2010). Introducing the Socio-Legal Study and Its Methodological Implications, in Sulistyowati Irianto and Sidharta (ed) , Method of Legal Study: Constellation and Reflection,, p.175-177. Jakarta, Obor
Jacobstein, J. Myron & Roy M., Mersky, (1998). Fundamentals of legal research, 8, New York: The foundation Press
Law No. 12 of 2005 on Confirmation of the International Covenant on Civil and Political Rights in 1966
Law No. 2-3/PUU-V/2007 Constitutional Court of the Republic of Indonesia on Testing
Law No. 5 of 2010 on Appeal
Lincoln, Norman K. & Denzin Yvonna S. (1994), Handbook of Qualitative Research P. 23
Lombrosso, (1968). Cesare Crime Is Causes And Remedies Translated By Henry P. Horton, Patierson Smith. New Jersey:
Muladi, (2005). Human Rights, The Nature Of Concepts And Its Implications In The Perspective Of Law And Society. Bandung: Refika Aditama.
Pensra, “Dead Crime is Viewed From Human Right Angles”, (Tesis, Univ. Sum. Utara,2007), P. 90.
Sahetapy, J.E. (2009). Threat of Death Penalty against Assassination. Malang: Setara Press.
Saraswati, (2006). Human Rights Case Law Theory,7. Filsafat-UI Press.
Sayuti, Ahmad, (2006). Maintaining Death Penalty,84. Medan:2nd edition, PT. Sartika.
Soekanto, Soerjono and Mamudji, Sri. (1995). Normative Legal Study A Brief Review,14 , Jakarta, Rajawali Persada.
Tan, S, (2012). The Study Center between the UUM Nation and the former harmonious harassment of Human Rights (Suhakam) 10 November 2012.
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