Hukuman Mati Menurut Undang-Undang Nomor 1 Tahun 2023 Tentang KitabUndang-Undang Hukum Pidana Dalam Perspektif Hak Asasi Manusia

Abstract

Indonesia is a country that acknowledges the existence of Human Rights, but this does not lead to the abolishment
of the death penalty in its positive law. Both the old and new Criminal Codes (KUHP) still regulate the death
penalty, albeit in different concepts. This research aims to identify the differences between the death penalty in the
old and new Criminal Codes and to understand and analyze the death penalty in the new Criminal Code from a
human rights perspective. The research employs a normative juridical method. The findings indicate that the
death penalty in the new Criminal Code is no longer the primary punishment as in old Criminal Codes and has been
replaced with an alternative penalty. Under the new Criminal Code, those sentenced to death will undergo a
probationary period of 10 (ten) years, and if they demonstrate good behavior during this period, the death penalty
will be commuted to life imprisonment or imprisonment for 20 (twenty) years. This change is motivated by the
perception that the death penalty constitutes a violation of human rights.