Implikasi Kebijakan Moratoriu Meksekusi Pidana Mati Terhadap Kepastian Hukum

Saragih, Frananda (2017) Implikasi Kebijakan Moratoriu Meksekusi Pidana Mati Terhadap Kepastian Hukum. S1 thesis, UAJY.

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Abstract

This legal research discuss about the implications of a death penalty moratorium policy against legal certainty. Executions of the death penalty in the government under President Joko Widodo and Jusuf Kalla has been done three times. Legal problems occurred when the execution stage three, ie on July 29, 2016 at Lapangan Tembak Tunggal Panaluan, Pulau Nusakambangan, Cilacap, Jawa Tengah. There are 10 people death row convicts who is suspended because the Attorney General of the Republic of Indonesia release a moratorium about it.The purpose of this researich is to know and analyze implications of the execution of the death penalty moratorium policy against legal certainty. The method of law research used is normative legal research that focal point is the positive legal norms by using secondary data as the main data and primary data as a supporter which is closely linked with the problems outline in this research.The results of this research is the death penalty moratorium policy will result in legal uncertainty, because of the grace period is not clear to do the execution.The policy of the moratorium executions will also impact the psyche of the convict, as well as unrest in society that induce a lack of public confidence to law enforcement officers and governments that are considered not serious in implementing sanctions of the death penalty, so the threat of death penalty contained in some of the legislation does not creating fear on society. Based on these results, the authors can provide advice for judges to be more careful in imposing sanctions of death penalty. For executing prosecutors to consider the issue moratorium that is to suspend execution, and should immediately be formed and enacted a legislation governing policy of the moratorium executions, especially for a definite period and rational, so it does not create a legal uncertainty.

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