Suspension of the Death Penalty Execution to Anticipate Adverse Effect of Miscarriage of Justice in Indonesia

Abstract

The purpose of writing this article is to find the basis of juridical and empirical justification about the necessary of suspending the execution of the death penalty  to  anticipate the bad effect of miscarriage of  justice, and to find the form of legal product used to regulate the provision of a minimum period of suspension in the execution of a the death penalty. The meaning of postponing the execution of the death penalty is the granting of a certain period of time by the state to a death penalty of murder perpetrator before undergoing execution to avoid execution errors due to a miscarriage of justice practice. The miscarriage of justice is the justice process in which there are procedural errors and/or misappropriation of the law resulting in the imposition of a criminal to a person not a perpetrator of criminal. The reasons for justifying the suspension of the execution of death penalty are: (a)  juridical justification, namely the implementation of the Constitutional Court of The Indonesia Republic  in order to  the death penalty to conduct Judicial Review more than once for the achievement of material justice because justice is more important than legal certainty; (b) empirical justification, ie (1) To Anticipate to the execution error for the death penalty who is tried by a miscarriage of  justice; (2) the win-win solution between the group that wants to stop the execution of death penalty with a group that wants the acceleration of the execution of the death convict ,(3) the provision of support to the Government of Indonesia Republic so that if the death penalty is considered fair, it will not hesitate in executing the death penalty, but if in doubt of the death penalty then it is necessary to immediately cancel the death penalty by granting clemency. The legal product that can be used to regulate suspension of the execution of death is the Presidential Regulation, as it is in accordance with the Prosecutor's Office of Indonesia Republic (as the holder of the execution authority of death penalty in Indonesia), is the executive authority of the President's subordinate who are obliged to submit to the president’s  order. Based on the provision of the Regulation of President, the Attorney General will surely postpone the execution of the death penalty.The time span for the suspension of the execution of the death penalty is 5 years from the date of the issuance of a court decision that already has permanent legal force.

Keywords: Execution, Death Penalty, Miscarriage of Justice