International Journal of Advanced Multidisciplinary Research and Studies
Volume 4, Issue 6, 2024
Principles of Legal Certainty of the Execution of Death Run Convicts Upon the Effectiveness of Law Number 1 of 2023
Author(s): Bambang Heru Ariyanto, YA Triana Ohoiwutun, Ainul Azizah
Abstract:
One of the laws that regulates public interest and regulates public interest is criminal law. Looking at the main types of criminal penalties, it seems that the most painful penalty is the death penalty. There are several figures who are pro the existence of the death penalty and there are also figures who reject the existence of the death penalty, each supported by arguments that can be legally accounted for. Starting from the legal issues above, it is interesting to study further regarding the legal certainty of the execution of death row convicts, so the author is interested in researching the problem, so the author narrows it down to three problems to be analyzed, namely: 1). Is the death penalty still applied to convicts after the enactment of Law No. 1 of 2023?; 2). Does the application of the death penalty reflect legal certainty after the enactment of Law No. 1 of 2023? and 3). What is the policy for applying the death penalty to judges' decisions that have permanent legal force after the enactment of Law No. 1 of 2023? Therefore, this article is written using the normative legal research type. The approaches used are the legislative approach, conceptual approach, case approach and historical approach. Discussion results That with the enactment of Law No. 1 of 2023, the death penalty execution will still be implemented but there is a renewal, namely that the death penalty is no longer the main punishment. The application of the death penalty does not yet reflect legal certainty after the enactment of Law No. 1 of 2023 because the legal position of the waiting period for execution for death row convicts in the legal uncertainty regarding the execution waiting period limit is still unclear, resulting in a legal vacuum (rechtvacuum).
Keywords: Legal Certainty, Execution of Death Round Conviction, Law Number 1 of 2023
Pages: 1127-1136
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