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KKM
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| Judul | : |
PROBLEMATIKA MASA TUNGGU BAGI TERPIDANA MATI BERDASARKAN PERUNDANG-UNDANGAN PIDANA DAN KUHP NASIONAL
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| Subjek | : |
Capital punishment
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| Pengarang | : |
Ahmad Izzi Tholat Wafa Hasibuan
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| Pembimbing | : |
Agus Raharjo,
Dwiki Oktobrian
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
345.077 3 HAS p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The death penalty (doodstraf) is the most severe punishment imposed on individuals
for their crimes. The prolonged waiting period for execution and poor prison
conditions represent a violation of human rights for death row inmates. This study
analyzes the differences in the provisions for implementing the death penalty as
regulated in criminal legislation and the National Criminal Code (KUHP), as well
as the relevance of the provisions in the KUHP in reducing the potential for
prolonged waiting periods. The research employs a normative juridical method with
a statutory approach, examining legal theories and the practice of positive law
related to the identified problems.The findings show that the implementation of the
death penalty in Indonesia has not changed since 1964. Under Law No. 2 of PNPS
1964, executions are carried out by firing squad. The provision of a 10-year
probation period mentioned in Article 100 Paragraph 1 of Law No. 1 of 2023
provides legal certainty for the waiting period compared to previous criminal
legislation before the National Criminal Code. Although the execution method
remains unchanged, the regulation prioritizes the protection of death row inmates
by ensuring that executions are carried out in a closed location without exception.
The 10-year probation period is crucial to be included in written law to guarantee
legal certainty for death row inmates. Execution of the death penalty must uphold
the dignity of inmates by adhering to the relevant provisions. Monitoring and
supervision of the 10-year probation practice must be conducted by the court
through judges to ensure proper implementation.
Keywords: death penalty; execution implementation; waiting period
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