Dino Riska Afdhali, . (2025) OPTIMALISASI PENGATURAN PIDANA MATI DALAM HUKUM PIDANA NASIONAL. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
In Law Number 1 of 2023 or the New Criminal Code, the execution of the death penalty is regulated as a punishment that is in nature to take the life of the defendant for serious crimes committed by the implementation that follows the procedural rules of the death penalty in Indonesia. The rules stated in Article 67 of the New Criminal Code state the method of implementation in Indonesia that the death penalty is no longer the main punishment, but the last alternative after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating the death penalty, as well as secondary legal materials, which explain and clarify the primary law. The debate on the death penalty involves two main schools of thought, namely those who support the application of the death penalty for serious crimes that occur and those who reject the application of the death penalty due to the human rights perspective adopted by the Indonesian state. Criticism of the death penalty includes the issue of a person's right to life and the legal handling that should be carried out by the government against the defendant for the extraordinary crimes he has caused, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found (1) That the form of optimization in the regulation of the death penalty for extraordinary crimes has actually been implemented quite well, only that the implementation of this death penalty is still considered weak by the Author because the implementation of the death penalty must undergo a waiting period in the form of imprisonment for several years first for the convict sentenced to death (2) that the new Criminal Code can balance the retributive and rehabilitative aspects as an ideal concept for the implementation of the death penalty. It's just that in several provisions where it is hoped that the death penalty can be used as a Premium Remedium in certain cases.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No.Panggil: 2310623051] [Pembimbing 1 : Yanto] [Pembimbing 2 : Slamet Tri Wahyudi] [Penguji 1 : Handoyo Prasetyo] [Penguji 2 : Handar Subhandi Bakhtiar] |
| Uncontrolled Keywords: | Optimization, Death Penalty, National Criminal Law |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | DINO RISKA AFDHALI |
| Date Deposited: | 14 Aug 2025 01:54 |
| Last Modified: | 14 Aug 2025 01:54 |
| URI: | http://repository.upnvj.ac.id/id/eprint/39025 |
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