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Sanjaya, Steven Tjahjadi; Kusuma, Ardli Johan; Rosadi, Zidni Alifyan

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2025 Prodi PPKn Universitas Slamet Riyadi

The aspect of labor in the context of global citizenship is not only about how the lives of workers and laborers are guaranteed wages and work systems, but human rights actions are one of the most crucial issues. One of them is the action that happened to Tuti Trisilawati in 2018. The action of the death penalty is considered as an action that does not benefit Indonesia and Saudi Arabia. Through this research, which is packaged exploratively and collected through case studies and trusted agency literature, the results show that there are differences between the ideologies of Indonesia and Saudi Arabia which result in these actions resulting in a high record of death penalty cases, so that massive diplomacy between the two countries is followed by improving a fair criminal law system or fair trial so that no rights are threatened. Keywords: global citizenship, death penalty, labor.

Mang Tra Himam Idayat

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The death penalty is one of the means of protecting society and the state in the form of prevention and action. Indonesia is one of the countries that still maintains and recognizes the legitimacy of the death penalty as a punishment for perpetrators of criminal acts. The death penalty is closely related to human rights because the death penalty is the most severe punishment because perpetrators of criminal acts will lose the right to life which is a priceless right. Therefore, there is a conflict between the imposition of the death penalty on perpetrators of criminal acts and human rights. This paper aims to determine the provisions regarding the death penalty and the protection of human rights. The type of research taken in this study is normative legal research that contains relevant issues. Normative legal research is research that is conducted by reviewing applicable laws and regulations or applying them to legal problems. Several laws and regulations in Indonesia still maintain the threat of the death penalty, although the death penalty has been criticized by human rights activists. Therefore, there is a compromise (criminal policy) in the Criminal Code, namely using the death penalty as an alternative punishment rather than the main punishment and only applies to very serious crimes.

Dino Rizka Afdhali; Yanto Yanto; Slamet Tri Wahyudi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Under Law No. 1 of 2023 or the New Criminal Code, capital punishment is regulated as a punishment that involves the deprivation of the defendant's life for serious crimes committed, with its implementation following the procedural rules for capital punishment in Indonesia. The provisions outlined in Article 67 of the New Criminal Code specify the application of capital punishment in Indonesia, stating that it is no longer the primary punishment but rather the last resort after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating capital punishment, as well as secondary legal materials, which explain and clarify the primary laws. The debate on capital punishment involves two main schools of thought, namely those who support the application of capital punishment for serious crimes and those who reject the application of capital punishment due to the human rights perspective adopted by the Indonesian state.  Criticism of the death penalty includes issues of the right to life and the legal treatment that should be given by the government to defendants for extraordinary crimes, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found that (1) the optimal form of regulation of the death penalty for extraordinary crimes has actually been implemented quite well, but the execution of the death penalty is still considered weak by the author because the execution must be preceded by a waiting period of several years in prison for the condemned prisoner (2) that the death penalty is not contrary to human rights, whether viewed from a legal, religious, or international perspective. (3) The new Criminal Code can balance the retributive and rehabilitative aspects as the ideal concept for the implementation of the death penalty. However, in some provisions, it is hoped that the death penalty can be used as a Premium Remedium in certain cases.

Abdul Haris Nafis; Handar Subhandi Bakhtiar

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The problem of drug abuse is a serious challenge in various countries, including Indonesia and Malaysia. Both countries have strict legal systems in dealing with drug crimes, with an approach that emphasizes the imposition of severe criminal sanctions on perpetrators. This study aims to compare drug law policies between Indonesia and Malaysia, especially in terms of regulation, law enforcement, and the types of criminal sanctions applied. The research method used is normative juridical with a comparative legal approach between countries. The results of the study show that although in general both countries adopt a repressive approach, there are important differences in their legal systems. Malaysia applies a mandatory death penalty for drug dealers in certain amounts, as regulated in the Dangerous Drugs Act 1952. Meanwhile, Indonesia gives judges the authority to determine the type of sanctions, including the death penalty, based on legal considerations and justice in Law No. 35 of 2009. This study is expected to be an evaluation material for policy makers in Indonesia in formulating a drug law system that is not only repressive, but also pays attention to aspects of justice, human rights, and legal effectiveness.  

Felix Eka Firtin Smit Kandun Mas; Sagung Putri M. E. Purwati

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Writing journal about "death penalty from a criminal and human rights perspectiveis " is to find and describe how the application of death penalty to date, in which there are several countries that apply it to as a payment and even the punishment must be accepted by someone who has violated the provisions of regulations in a country. There are Countries Applied death penalty include China, Saudi Arabia, Iran, the Indonesia and United States. In all countries there are various types of capital punishment, but the most commonly used are shooting and death row Implementation of death penalty in the Criminal Code is only regulated by Article 11 with the compiler R. Soesilo As the formula: the execution of death penalty is imposed by a judicial institution within the military court or general court, with a procedure of being shot to death in accordance with the provisions of Law No. 2 (PNPS) of 1964 However, death penalty contradicts of notion by human rights as described in article 3 of the DUHAM which states that the most extreme form of violation of the right to life is killing or injuring a person or group of people physically or mentally.

Kristianto Jansen Hengkengbala

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to explore how Law Number 11 of 2012 regulates the Juvenile Criminal Justice System and how juvenile criminal responsibility is regulated in the juvenile criminal justice system in Indonesia. By applying normative juridical research methods, it can be concluded as follows: 1. The Juvenile Criminal Justice System aims to achieve practical progress in efforts to optimally protect children, who are considered valuable assets for the future of the nation and state. Legal protection for children is defined as legal protection measures for various freedoms and human rights of children, as well as interests related to their welfare. 2. Criminal liability for minors who are involved in violating the law in accordance with the provisions regulated in the Criminal Code and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Children who are involved in criminal acts can still be held accountable, subject to criminal threats determined by the Criminal Code. The penalty for children is set at half the maximum penalty imposed on adults. It is important to note that life sentences and the death penalty are not applied to children in this context  

Gisella Tiara Cahyani; Siti Bilkis Sholehah; Dara Nurul Salsabillah; Muhammad Alwan Ramadhana; Revand Arya Pratama +1 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Law is a tool for regulating people's lives with a coercive nature and requires people to follow existing rules. The law is made for the benefit of the people and contains the norms of life as a guide in society. Death penalty is a punishment with the most severe sanction scale for perpetrators of extraordinary crimes such as narcotics, premeditated murder, terrorism, and crimes against state security. However, the application of death penalty in Indonesia is controversial because it violates Human Rights (HAM) and the right to life guaranteed by the 1945 Constitution Article 28A paragraph (1). Even though there is an update in the latest Criminal Code (KUHP) which regulates probation for 10 years, pros and cons still occur in the application of death penalty. Various views on capital punishment exist, in which some consider human rights and the principles of justice. However, the death penalty must be applied carefully and pay attention to human rights.