2024_Death Penalty Law in Indonesia from the International Human Rights Perspective
| Format: | General Document |
|---|
| _version_ | 1860798155722850304 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2024-03-07 |
| format | General Document |
| id | 16211 |
| institution | UniSZA |
| originalfilename | DEATH PENALTY LAW IN INDONESIA FROM THE INTERNATIONAL HUMAN RIGHTS PERSPECTIVE (MASTER_2024).pdf |
| person | Ony Rafsanjani |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16211 |
| sourcemedia | Server storage Scanned document |
| spelling | 16211 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16211 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 194 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 3.0.10; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 2024-03-07 DEATH PENALTY LAW IN INDONESIA FROM THE INTERNATIONAL HUMAN RIGHTS PERSPECTIVE (MASTER_2024).pdf Ony Rafsanjani Death Penalty Law Capital punishment Human rights International aspects 2024_Death Penalty Law in Indonesia from the International Human Rights Perspective Introduction: The imposition of death punishment on criminal offenders is a controversial issue worldwide, with differing opinions on its ethical, legal, and practical implications. Indonesia is among the countries that still employ death punishment for certain crimes, including drug trafficking. The implementation of the death penalty in Indonesia has been vehemently debated by various parties for its perceived violation of fundamental human rights and inconsistency with international legal standards. The persistent debate on this topic highlights the tension between the country's sovereignty and its obligations under international law. This research aimed to examine the implementation of the death penalty in Indonesia from the perspective of international legal frameworks. Methodology: This study adopted qualitative research. It employed a doctrinal legal research approach to examine the current Indonesian legal framework on the death penalty punishment. In addition, reference was also made to international instruments to identify international standards on this matter. In terms of data collection, the study used library research, which focused on analyzing primary and secondary sources. Primary sources include statutory regulations, treaties, conventions, and court decisions. On the other hand, secondary sources were legal materials that provide explanations for primary legal materials: textbooks, journals, reports, conference papers, newspaper reports, and other periodicals. All the above materials were analyzed using a content analysis approach based on historical, philosophical, and special reference perspectives. Result: The research disclosed that Indonesia has steadfastly maintained its position as a "retentionist country," wherein the death penalty is regarded as a legally necessary and justifiable form of punishment. The retentionist stance of Indonesia has been essentially influenced by the justification for the protection of national interests and the perceived effectiveness of the death penalty as a deterrent to serious and heinous crimes. This position is still consistent with the requirement of the international rights standards set by the international instruments, despite the inclination of the later to call for the absolute abolition of the death penalty. In addition, this study also revealed that the Indonesian government had taken some positive steps to reform its law on this particular matter, including reducing the number of offences that carry the death penalty. Conclusion: This research concluded that current Indonesian law permits the implementation of the death penalty as a form of punishment for serious and heinous crimes. This position, which reflects Indonesia's stance as a retentionist country, is inconsistent with international and human rights standards. As a way forward, the study proposed a comprehensive review of Indonesian law on death penalty punishment and its alignment with international legal frameworks. Dissertations, Academic Thesis |
| spellingShingle | 2024_Death Penalty Law in Indonesia from the International Human Rights Perspective |
| state | Terengganu |
| subject | Capital punishment Human rights International aspects Dissertations, Academic |
| summary | Introduction: The imposition of death punishment on criminal offenders is a controversial issue worldwide, with differing opinions on its ethical, legal, and practical implications. Indonesia is among the countries that still employ death punishment for certain crimes, including drug trafficking. The implementation of the death penalty in Indonesia has been vehemently debated by various parties for its perceived violation of fundamental human rights and inconsistency with international legal standards. The persistent debate on this topic highlights the tension between the country's sovereignty and its obligations under international law. This research aimed to examine the implementation of the death penalty in Indonesia from the perspective of international legal frameworks. Methodology: This study adopted qualitative research. It employed a doctrinal legal research approach to examine the current Indonesian legal framework on the death penalty punishment. In addition, reference was also made to international instruments to identify international standards on this matter. In terms of data collection, the study used library research, which focused on analyzing primary and secondary sources. Primary sources include statutory regulations, treaties, conventions, and court decisions. On the other hand, secondary sources were legal materials that provide explanations for primary legal materials: textbooks, journals, reports, conference papers, newspaper reports, and other periodicals. All the above materials were analyzed using a content analysis approach based on historical, philosophical, and special reference perspectives. Result: The research disclosed that Indonesia has steadfastly maintained its position as a "retentionist country," wherein the death penalty is regarded as a legally necessary and justifiable form of punishment. The retentionist stance of Indonesia has been essentially influenced by the justification for the protection of national interests and the perceived effectiveness of the death penalty as a deterrent to serious and heinous crimes. This position is still consistent with the requirement of the international rights standards set by the international instruments, despite the inclination of the later to call for the absolute abolition of the death penalty. In addition, this study also revealed that the Indonesian government had taken some positive steps to reform its law on this particular matter, including reducing the number of offences that carry the death penalty. Conclusion: This research concluded that current Indonesian law permits the implementation of the death penalty as a form of punishment for serious and heinous crimes. This position, which reflects Indonesia's stance as a retentionist country, is inconsistent with international and human rights standards. As a way forward, the study proposed a comprehensive review of Indonesian law on death penalty punishment and its alignment with international legal frameworks. |
| title | 2024_Death Penalty Law in Indonesia from the International Human Rights Perspective |
| title_full | 2024_Death Penalty Law in Indonesia from the International Human Rights Perspective |
| title_fullStr | 2024_Death Penalty Law in Indonesia from the International Human Rights Perspective |
| title_full_unstemmed | 2024_Death Penalty Law in Indonesia from the International Human Rights Perspective |
| title_short | 2024_Death Penalty Law in Indonesia from the International Human Rights Perspective |
| title_sort | 2024_death penalty law in indonesia from the international human rights perspective |