Wamenkum Explains the Speciality of the Death Penalty in Indonesia

JAKARTA - Deputy Minister of Law (Wamenkum) Prof. Edward Omar Sharif Hiariej explained that the death penalty in Indonesia is no longer a capital offense, but a special offense whose specificity lies in the 10-year trial.

Regarding the death penalty in the New Indonesian Criminal Code, Eddy, a nickname for Edward Omar Sharif Hiariej, said that the death penalty had been changed by Law Number 1 of 2026 concerning Criminal Adjustment, this penalty is also something that is controversial in material terms.

"For those who follow the abolitionist (who want to abolish the death penalty) have a strong argumentation and are as strong as those who have the retentionist (still support the death penalty)," Eddy said in a follow-up trial on the material test of Law Number 1 of 2023 concerning the Criminal Code on Monday, March 9.

He explained that what was contained in the new Criminal Code was then adjusted to the Law on the Adjustment of the death penalty as a special crime. The specificity lies in the 10-year trial.

"As stated in the 2006 MK decision, it means that every death penalty will be imposed on trial," he said.

The 10-year trial, he said, was carried out based on an assessment (requirements). After that, a commutation of the sentence (changing or mitigating a heavier sentence to a lighter sentence) from death penalty to life imprisonment was carried out.

"This is the Indonesian Way, it is a win-win solution between those who want to maintain the death penalty and those who want to abolish the death penalty," he explained.

He explained the reason why the government imposed a death penalty by trial, because according to the national vision of the Criminal Code is social reintegration.

"If a convicted person dies without any trial, his name is not social reintegration, but heaven or hell reintegration, he is immediately executed. However, because of social reintegration, he is given a trial," he said.

Regarding the formulation of the 10-year probation period, there was a response from Judge Daniel Yusmic F. who asked for the indicators or methods used by the government. Because it could be that in a few years the convict has changed for the better, why wait 10 years.

Responding to this, Eddy explained that the 10-year indicator was in accordance with the Supreme Court's decision, not from the government.

Meanwhile, regarding the 10-year probation period in which the president asked for the Supreme Court's approval whether the sentence was death or life imprisonment, according to the Chief Justice, there was room for presidential authority that could lead to abuse of authority.

He asked the government, as the lawmaker, to explain, in the context of which is more significant, its political space or its judicial space.

This needs to be explained because it should not be proposed to the Chief Justice of the Supreme Court in a judicial context. Then, if it is already in the assessment of the penitentiary, there is an executive area so that it can get the president's approval.

"So behind, so the main judicial. Then the executive. Because the area of its development as a resident area is a correctional institution under the Ministry of Imipas. There are presidential authority spaces that can be seen there," said Suhartoyo.

Regarding this, Eddy explained that the president asked for the approval of the Constitutional Court because the one who assessed a convicted person's good or bad behavior, makamelibatkan the Ministry of Imipas Cq Lapas, involving the Prosecutor's Office as the court executor, investigators in the context of the case handled and Kimwasmat.

"Why involve all law enforcement officers, this is to prevent abuse of authority that occurs in correctional institutions," he explained.

Eddy added that the government regulation regarding the commutation of criminal sentences wrote how among law enforcement officers cooperate to make an assessment of the convicted person who was sentenced to death, so that it could be commuted to 10 years, then changed to a life sentence.

"It is true that after five years (of imprisonment) they have changed their behavior. Once again, the 10-year figure we obey the MK's decision," said Eddy.