TINJAUAN SANKSI HUKUMAN MATI DI INDONESIA DARI SUDUT PANDANG HAM

Mangunsong, Louis Hot Asi (2009) TINJAUAN SANKSI HUKUMAN MATI DI INDONESIA DARI SUDUT PANDANG HAM. S1 thesis, UAJY.

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Abstract

This legal research entitled Review on the Omplementation of Dead Punishment in Indonesia from the Human Rights Perspective. By this problem background Indonesia state is a legal state of which protect and confess on the existence of human rights however in fact there is still the laws of which threat the crime bye dead punishment. Based on the problem background, thus the aouthor can formulate a problem, i.e. whether the implementation of dead punishment in Indonesia had been appropriate to the principle of human rights. Type of this legal writing used normative legal research. The data sources used were secondary data as main data comprising of primary legal material, secondary legal material, and tertiary legal material. The method of data collection used was literary study towards the regulation of which is related to this legal research/writing. Based on the result of this research and analysis conducted by outhor concerning on dead punishment in Indonesia from Human Right Perspective, the outhor concludes that the dead punishment against to Human Rights in particularly right to live of which is protected by the Constitution of 1945 Article 28A and Article 28 I paragraph (1) and the Laws Number 39 of 1999 on Human Right. Dead Punishment is not appropriate as well to the intention of penalization in Indonesia, i.e. to improve the bahvior of the accused instead of reminding in order not to redo his action. The practice of dead punishment implementation on the consequence for resulting curative effect to the perpetrator, in fact brings no advantage. Thus it is better in order the dead punishment in Indonesia as soon as possible to be aliminated from the field of positive law in Indonesia.

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