PENJATUHAN PIDANA MATI KEPADA PELAKU TINDAK PIDANA DITINJAU DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

Abstract

According to the provisions of Article 100 paragraph (1) to paragraph (6) of Law Number 1 of 2023, the imposition of capital punishment on the perpetrators of criminal acts must take into account the provisions of the article, in other words, capital punishment is not immediately executed, but with a probationary period of 10 years. Based on this, the problem can be formulated, namely: How is the problem of imposing capital punishment on perpetrators of criminal acts reviewed in Article 100 of Law Number 1 of 2023 concerning the Criminal Code? The research method used in this paper is normative juridical research method. The results of the study show that the imposition of capital punishment on perpetrators of crimes based on the provisions of Article 100 is very ineffective, this is because if the judge imposes capital punishment and the death penalty is not carried out because the defendant has met the criteria of the article, the postponement of capital punishment can have an impact that causes violations of human rights, the impacts related to the postponement of execution include: the occurrence of legal uncertainty which results in death row convicts not being able to exercise their rights to be treated fairly before the law, there is discriminatory treatment, namely by differentiating the term of sentence between one death row convict with others, apart from that there are also indications of torture against death row convicts namely by imposing capital punishment plus imprisonment.