The Basis Of The Death Penalty Law In Indonesia And The Implementation Of Its Execution

Illustration of the premeditated murder article (Pixabay/NomeVisualizato)

YOGYAKARTA - Indonesia is a country that applies the death penalty for perpetrators of serious crimes. The death penalty is the toughest sentence in prison sentences, imprisonment, fines, and closed sentences.

The death penalty in Indonesia is included in the main sentence in Article 10 of the Criminal Code (KUHP). The death penalty is not a new form of punishment in Indonesia. This punishment has been carried out in the era of the kingdoms of the archipelago.

The death penalty in Indonesia has again emerged for the murder of Brigadier J by Inspector General Ferdy Sambo. As the mastermind behind the premeditated murder, Ferdy Sambo is threatened with the death penalty. Several experts say that Ferdy was spared from the death penalty due to illicit attempts behind the legal process.

The death penalty is the most controversial type of crime or is often debated. There are parties who are pros and cons of this form of crime. Many countries have also abolished the death penalty in legal action.

The pro-death penalty assesses that the death penalty needs to be carried out in order to provide a deterrent effect for the perpetrators of serious crimes. The death penalty is considered commensurate with the actions committed, such as premeditated murder, crime, and others.

Meanwhile, the counter-mortem assessment is inhumane or irrelevant to global legal developments. In addition, the death penalty is also considered not to give the perpetrators the opportunity to correct their mistakes and lives in the future.

The basis of the death penalty law in Indonesia is regulated in Law or Law Number 2/PNPS/1964 concerning Procedures for the Implementation of the Death Penalty which is imposed by the Court in the Public and Military Courts. The death penalty will be applied to civilians and is carried out by shooting dead.

Previously, the provisions of the death penalty in Indonesia contained Article 11 of the Criminal Code or the Criminal Code: The death penalty was carried out by the executioner for hanging by tying the neck of the convict on the hanging pole and dropping the board from below the feet.

List Of Crimes In The Death Penalty In Indonesia As Regulated In The Criminal Code

The basis of the death penalty law is also regulated outside the Criminal Code, such as the Narcotics Law, the Corruption Crime Law, the Terrorism Law.

Implementation Of The Death Penalty

The implementation of the death penalty in Indonesia is regulated in Law Number 2/PNSP/1964. Three times 24 hours before the execution time, the prosecutor informed the convict about the death penalty plan.

If the convict is pregnant, the death penalty can be carried out 40 days after his child was born. In preparation for the execution, the Kapolda formed a firing squad consisting of 1 NCO, 12 Tamtama, under the leadership of an officer. All firing teams came from the Mobile Brigade Corps or Brimob.

Based on the Regulation of the National Police Chief Number 12 of 2010, here are the procedures for implementing the death penalty in Indonesia.

After the execution is complete, the doctor will examine the condition of the convict along with Komanda Pelaksana and the execution prosecutor. If there are still signs of life, the prosecutor ordered the Executing Commander to carry out the finishing shooting.

The death penalty was declared final after the doctor stated that there were no signs of life from the convict. Furthermore, the Executing Commander reported the results of the shooting to the executing prosecutor by saying, "The execution of the death penalty is complete."

That is the basis for the death penalty in Indonesia and the assets included and the execution. Until now, the death penalty is still a pro-contra in Indonesia and many other countries.

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