Hukuman Mati (Literature Review)

Abstract

The aim of writing this paper is to analyze the basis for implementing the death penalty in the criminal law system in Indonesia, evaluate the death penalty from a human rights (HAM) perspective, and assess its effectiveness as an effort to prevent serious crimes. The research method used is a qualitative method with literature study, which relies on a review of literature, regulatory documents and related data. The results of the discussion show that the application of the death penalty in Indonesia has a historical and legal basis rooted in the colonial period, but this basis is considered irrelevant in the context of an independent country. The human rights perspective considers that the death penalty is contrary to the right to life, which is protected by international regulations and the Indonesian constitution. However, the death penalty is still regulated in applicable law. In terms of effectiveness, research shows that the threat of the death penalty is not significant enough in reducing serious crime rates. The application of the death penalty often has no deterrent effect and can create counterproductive impacts, such as increasing distrust of the justice system and worsening social conditions. A more humane and preventive approach based on increasing education and improving the justice system is recommended to reduce crime rates.