Examining the Death Penalty in Indonesia using the Dignified Justice Theory

Yully Tjangklek Mulyana
Additional contact information
Yully Tjangklek Mulyana: PhD Candidate at the Doctoral Program, Faculty of Law, Pelita Harapan University, Banten-Indonesia

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 11, 2857-2862

Abstract: The death penalty or capital punishment is still recognized and remains in effect within Indonesia’s legal system. Although it was widely known during the Dutch colonial period and lately has been abolished in the Netherlands, Indonesia continues to retain it. Evidence of the death penalty’s legacy from the Dutch can be found in Indonesia’s 1946 Criminal Code Act. This study was conducted to provide a scientific description and explanation of the existence of the death penalty in Indonesia. Theoretical framework used in this research is the Indonesian legal theory known as the Dignified Justice theory. The basic premise of the theory is that the law serves as a meeting point between Divine thought and human thought, grounded in Pancasila, to uphold human dignity. Thus, the legislation governing the death penalty, as a derivative of Pancasila, is viewed as a manifestation of the derivative of the meeting point (Pancasila), aimed at making human being humane (nguwongke uwong). Guided by the Dignified Justice theory and employing normative legal research methods, the research has found that certain human rights, such as the right to life can indeed be restricted within Indonesia’s Pancasila-based legal system, which allows for the death penalty. However, the death penalty has been softened under the newly enacted Indonesian National Criminal Code. This mitigation is achieved by making the death penalty a conditional punishment. Furthermore, for some time now, under Indonesia’s human rights legislation, the death penalty can no longer be applied to children.

Date: 2024
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://www.rsisinternational.org/journals/ijriss/ ... sue-11/2857-2862.pdf (application/pdf)
https://rsisinternational.org/journals/ijriss/arti ... fied-justice-theory/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bcp:journl:v:8:y:2024:i:11:p:2857-2862

Access Statistics for this article

International Journal of Research and Innovation in Social Science is currently edited by Dr. Nidhi Malhan

More articles in International Journal of Research and Innovation in Social Science from International Journal of Research and Innovation in Social Science (IJRISS)
Bibliographic data for series maintained by Dr. Pawan Verma ().