Perspektif Hukum dan Hak Asasi Manusia Terhadap Pelaksanaan Tindaj Pidana Mati di Indonesia

Jamalul, Kamal (2018) Perspektif Hukum dan Hak Asasi Manusia Terhadap Pelaksanaan Tindaj Pidana Mati di Indonesia. Masters thesis, Universitas Bhayangkara Jakarta Raya.

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Abstract

The death penalty (dood straj) is one of the ways of criminal law enforcement of the most controversial in the world, it happened since the days of Babylon until today, including in Indonesia, the pun ishment is still used as one of the penalties for those convicted of the crime. Many experts approve of capital punishment , but most of them do not approve it, while still having a view that is argumentative and supported by a solid reason. The purpose of this study is to learn more about the sanction of capital punishment under criminal law in Lndonesia, and to find out how the sanction of capital punishment in human right perspective . This is a library research that using data written material as reference basis, and the specification of the research is analytic. Crime is the basic part of an error cornrnitted against someone in a crime and should be sanctioned for his actions in accordance with applicable law. The sanctions are the toughest criminal penalty of capital puni shment, especially in Lndonesia could be given to serious criminal offenses such as drugs, terrori sm, treason, or planned murder. If assessed , the rising drug crime, terrori sm , or other crimes not solely caused by the absence of the death penalty , but by structural problems such as poverty or the law enforcement agencies I countries are corrupt. Some data indicate that, in some countries, a decrease in drug case not caused the death penalty. However, the reduction in the number of drug distribution is due on law enforcement , such as the attitude of law enforcement agencies in these countries are not venal. As known to the fundamental principle of human rights, which are listed in the "Universal Declaration of Human Rights" in 1948 and the Act No. 5 1998 Rl 1998 states that the right to life is one of human rights. Therefore, the fundamental reason that states that the death penalty is a kind of the most important human rights violations, namely the right to life and is a fundamental right that can not be violated, reduced or restricted under any circumstances, whether it is in a state of emergency, war, including when a person as a prisoner . The death penalty will not be repaired if a judge had erred and the death penalty has been carried out, and Life will never be returned to the person who bas been sentenced to death. Therefore worthy presumably the government to consider and analyze the return on criminal laws of the death penalty, and is expected to further maximize rule of law and human rights in Indonesia , with the attempt to create a clean government in enforcing the rule of the law and full respect for human rights enforcement in the form statements and real action . Keywords: crime, human rights, the death penalty

Item Type: Thesis (Masters)
Additional Information / Pembimbing: Pembimbing I: Prof. Koesparmono Irsan, S.IK., SH., MBA., MM, Pembimbing II: Dr. Boy Nurdin, SH., MH
Subjects: Ilmu Sosial > Hukum
Ilmu Sosial > Hukum > Hukum Pidana
Divisions: Fakultas Hukum > Magister Ilmu Hukum
Creators:
CreatorsNIM/NIDN
Jamalul, KamalUNSPECIFIED
Depositing User: Raden Ola Triana
Date Deposited: 10 Feb 2020 07:11
Last Modified: 10 Feb 2020 07:11
URI: http://repository.ubharajaya.ac.id/id/eprint/1930

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