Implementation of Death Penalty in Indonesia on Human Rights’s Perspective

Abstract

The aim of this study is to know how to exercise execution of death penalty in Indonesia; and it is also to know whether the implementation of the execution of death penalty in Indonesia is not contrary to human rights.

The study was conducted in the Attorney General of the Republic of Indonesia, the Indonesian Supreme Court, the Constitutional Court of the Republic of Indonesia, the Ministry of Justice and Human Rights and several universities in Indonesia, both public and private universities. The research approach is a socio-juridical approach in which it will be formulated in terms of the applicable law to see the implementationof it. The result of the applicable law will conclude whether  it is contrary to human rights or not. The research’s results indicate that execution death penalty in Indonesia has been established by the Law No. 5 of 1979 and technically is set in the Chief Police Regulation No. 12 of 2010. The regulation governs that the procedure of execution of the offenders must be shot until death in an enclosed place by a firing squad of Brimob Police of the Republic of Indonesia. According to the Supreme Court of the Republic of Indonesia No. 2-3 / PUU-V / 2007 and opinion of 8 (eight) experts on law and human rights that the execution of death penalty in Indonesia is not contrary to the human rights.

Keywords: Implementation; Death Penalty; Human Rights.