The Death Penalty In The Draft Criminal Code (RKUHP): What Are The Regulations And Mechanisms?

Abstract

: This article aims to explain the discussion of the death penalty in the draft criminal code (RKUHP) with a review from the point of regulation and mechanism of its application. This research uses a normative juridical approach method to facilitate step by step in describing the discussion. After research, it can be concluded that the RKUHP regulates the death penalty as a special punishment which is always threatened alternatively with other types of punishment, namely life imprisonment or a maximum of 20 (twenty) years in prison. In addition, crimes are regulated in the Criminal Code (KUHP) and other special laws. When referring to the purpose of punishment described in the RKUHP, there is a distinction between the goal to be achieved and the method used. Some of the objectives of sentencing are not achieved by applying the death penalty. The use of the death penalty cannot contribute to the socialization of convicts and the settlement of conflicts caused by criminal acts. Considering that imprisonment as an alternative to death penalty has a negative impact on convicts, it is necessary to develop other alternatives. This alternative not only fulfills the purpose of punishment stipulated in the KUHP, but also becomes an alternative that is not detrimental to the convict.