Art Original

Perspektif Hukum Progresif terhadap Hukuman Mati dalam Pembaharuan Hukum Pidana di Indonesia

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The issue of the death penalty phenomenon in Indonesia is always an interesting topic for discussion. The presence of two opposing groups, namely the first group who want to maintain the existence of the death penalty (retensionists) and the second group who want to abolish the death penalty (abolitionists). The two groups never found a middle ground that could provide a solution and end their long debate over the death penalty. After the Indonesian people declared their independence on August 17 1945, the Dutch colonial legal product which implemented the death penalty was adopted as a means of criminalizing people by destroying people. Legal products that emerged after independence still use the death penalty as a means of punishment. Even after the wind of reform blew, regulations increasingly regulated crimes punishable by death. The existence of the death penalty norm, apart from being contained in the Criminal Code, is also spread in several other laws outside the Criminal Code. The formulation of the problem in this research is what the ideal concept of death penalty regulations is in Indonesian positive law and what is the progressive criminal law policy in the criminal law reform system in Indonesian positive law. The research method in terms of the type and nature of the research is normative law or normative law research. It is descriptive in nature, namely describing a progressive legal perspective on the death penalty in criminal law reform in Indonesia. Data and data sources consist of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research and discussion discuss two important aspects of the Indonesian legal system, namely the Death Penalty Regulations and Progressive Criminal Law Policy, which highlight the complexity of Indonesian law and efforts to update legal regulations by considering human values and justice.

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Detail Information

Call Number

Hukum 364.6 Ar p

Language

Indonesia

NPM

221021073

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Criminal Law Reform
Death Penalty
Progressive Law
Perspective

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