Adi Saputra, Febrian Jadug Santoso

Death Penalty, Right to Life, and Various Controversies in Human Rights

Introduction

Death penalty, right to life, and various controversies in human rights. Explore the death penalty debate in Indonesia, its conflict with the right to life, and various human rights controversies. Understand pro & contra arguments.

Abstract

In Indonesia, the issue of capital punishment is a matter of controversy between those who are pro to the death penalty and those who are against the death penalty. Those who disagree with the death penalty assume that the inhuman death sentence is contrary to the principle of fair and civilized humanity in accordance with Pancasila, only Allah can take a person's life, if the judge is wrong in passing the sentence, what can be improved again. The pro-death penalty party considers that the death penalty deserves to be imposed on a sadistic criminal in carrying out his action because if he is not sentenced to death he will repeat his crime. The death penalty is also in accordance with the National RKUHP which is pro on capital punishment, but with certain conditions. If we observe from existing laws such as the Narcotics Act, the Corruption Law, the Terrorist Law, etc. then it can be said that the Law is pro death sentence. In the context of capital punishment, Kontras, which is concerned with the matter of upholding human rights, provides a criminological view that capital punishment does not provide a deterrent effect on the perpetrators of Extraordinary Crimes, because such actions can be motivated, not only from individual distributor factors, but also structural factors, for example community economic instability due to domestic political conditions. So, because the death penalty also conflicts with the right to life, it is fitting that the death penalty be replaced with life imprisonment.

Review

This paper tackles the highly contentious issue of capital punishment in Indonesia, framed against the fundamental human right to life and various associated controversies. The abstract effectively highlights the binary divide within Indonesian society regarding the death penalty, presenting arguments from both proponents and opponents. Given the ongoing global and domestic debates surrounding capital punishment, particularly in the context of human rights and legal reform within a Pancasila-based state, the chosen topic holds significant contemporary relevance and scholarly interest. The review outlines a range of arguments central to the debate. Those against the death penalty primarily cite its inhumanity, conflict with Pancasila's principles, the religious conviction that only God can take a life, and the irreversible nature of judicial error. Conversely, proponents argue for its necessity for sadistic criminals, its role in preventing recidivism, and its alignment with existing Indonesian legal frameworks, including the National RKUHP (with certain conditions) and specific laws such as the Narcotics, Corruption, and Terrorist Acts. The abstract also introduces a critical criminological perspective from Kontras, suggesting that capital punishment lacks a deterrent effect for "Extraordinary Crimes," which are often rooted in both individual and structural factors like economic instability. While the abstract successfully sketches the landscape of the death penalty debate in Indonesia, its depth of analysis remains to be seen in the full paper. The mention of the National RKUHP and various laws as "pro-death sentence" would benefit from further elaboration on the specific conditions and justifications. Similarly, the criminological argument about the lack of deterrent effect and the role of structural factors presents a promising avenue for deeper empirical or theoretical exploration. The ultimate recommendation to replace the death penalty with life imprisonment, while aligning with one side of the debate, would ideally be substantiated by a more comprehensive evaluation of the arguments presented and a robust analysis of potential impacts and alternatives within the Indonesian context.

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