Death Penalthy (Bella Yanuar yusman)

For those who agree, the death penalty was indeed enforceable because the crimes committed should be with life due to the level of danger of the crime impact should be rewarded with life. While the cons of the death penalty, assuming no one party could snuff out the life of a person, except the Lord. The death penalty also often juxtaposed with accusations of violating human rights. . The death penalty also often juxtaposed with accusations of violating human rights. in Chapter 10 of the PENAL CODE are allowed to apply the death penalty. However, if further views in the Constitution Article 28 I, explained that everyone should respect other people's right to life. Any conflict between the CRIMINAL CODE as lex speciales and the CONSTITUTION of 1945 as a general rule. Thus, the policy on the death penalty should be adapted to the general rule, in that it is the CONSTITUTION of 1945.

HUMAN RIGHTS activists argued there are at least three reasons why the death penalty must be rejected. First, unplug the life of a person is the right of God only. second, the judge convicting a dead human is against defendants who are not perfect so there is always the possibility of making a decision is wrong. people should be given the opportunity to undergo conversion for crimes that were made.third, people should be given the opportunity to undergo conversion for crimes that were made.

In an award, the COURT confirms that the procedures for the execution of the death penalty in Indonesia is according to Act No. 2/Pnps/1964 concerning the procedures for the execution of the death penalty which is a lex speciales, which negated article 11 CODE of CRIMINAL PROCEDURE.

Further, the CONSTITUTIONAL COURT declared the Act No. 2/Pnps/1964 concerning Pelakasaan death penalty Procedures determined by the courts in the judicial environment in General and the military is not incompatible with article 28I paragraph (1) of the Constitution of the Republic of Indonesia Year 1994.

The ruling of the CONSTITUTIONAL COURT who noticed that the execution of the death penalty is not incompatible with article 28I paragraph (1) of the Constitution as regards the procedures for the execution of the death sentence based on law No. 2/Pnps/1964 does not constitute acts of torture was a decision that formal legal positivism is stuck, because just looking at the items sued, because just looking at the items sued alone, namely torture. Whereas, Article 28I paragraph (1) of the Constitution expressly and clearly regulate the fundamental rights of citizens as a unified whole, which flatly stated that the right to life is a fundamental right that should be guaranteed by the State.

Sentenced to death in Indonesia is still valid and in accordance with the provisions of the Constitution. What's in a positive ACT still govern Indonesia reserved the death penalty, such as the ACT of terrorism and drugs.

According to MA, the death penalty is contrary to article 28, paragraph 1 of the Constitution and violates article 4 of law No. 39/1999 on human rights.

Article 365 paragraph (4) Of the criminal law (CRIMINAL CODE) which set about the death penalty.