理解死刑:历史视角、正当性和批判性分析

Q4 Social Sciences
Utami Yustihasana Untoro, Chrisbiantoro Chrisbiantoro, Hudi Yusuf
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引用次数: 0

摘要

基于正义、人道和预防犯罪可能性问题的死刑问题值得商榷。从生命和人道主义因素的角度来看,拒绝死刑的理由是不合理的,判处死刑将无法预防犯罪和降低犯罪率。但是对于那些因为社会的正义感和和平感而同意实施死刑的人来说。这幅画像只是对有关死刑存在的利弊的讨论中所涉及的问题的一瞥。死刑的保留派和废除派基于他的理论框架和规范展开了争论。印度尼西亚作为欧洲大陆法系的国家之一,除伊斯兰法系的沙特阿拉伯实行死刑外,还在刑罚体系中实行死刑。这两个国家的法律地位都建立在元规范,他们的理论和哲学之上,当然,在谴责死刑存在的国家中,每个国家都有其紧迫性。这是一篇文章,分析了两个拥有不同法律制度的国家在死刑适用方面的比较关系,这一比较研究将为印度尼西亚的刑法改革提供思路。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Understanding Death Punishment: Historical Perspective, Justification, and Critical Analysis
Debatable of the death penalty based on the issues of justice, humanity, and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be capable of preventing crime and reducing crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glance at the issues that colored the discourse on the pros and cons of the existence of capital punishment. The retentionist and the abolitionist against the death penalty have an argument based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still applies the death penalty in the punishment system besides Saudi Arabia with qhisash which is applied in the Islamic Law system. Both countries have a legal standing built on the meta norms, their theories, and philosophies each, of course, has its urgency to be discussed in the middle of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relations to the applications of the death penalty in both countries that embrace different legal systems, this comparative study will contribute thoughts on the reforms of criminal law in Indonesia.
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来源期刊
Journal of Social Research and Policy
Journal of Social Research and Policy Social Sciences-Sociology and Political Science
CiteScore
0.30
自引率
0.00%
发文量
0
审稿时长
8 weeks
期刊介绍: Welfare states have made well-being one of the main focuses of public policies. Social policies entail, however, complicated, and sometimes almost insurmountable, issues of prioritization, measurement, problem evaluation or strategic and technical decision making concerning aim-setting or finding the most adequate means to ends. Given the pressures to effectiveness it is no wonder that the last several decades have witnessed the imposition of research-based social policies as standard as well as the development of policy-oriented research methodologies. Legitimate social policies are, in this context, more and more dependent on the accurate use of diagnostic methods, of sophisticated program evaluation approaches, of benchmarking and so on. Inspired by this acute interest, our journal aims to host primarily articles based on policy research and methodological approaches of policy topics. Our journal is open to sociologically informed contributions from anthropologists, psychologists, statisticians, economists, historians and political scientists. General theoretical papers are also welcomed if do not deviate from the interests stated above. The editors also welcome reviews of books that are relevant to the topics covered in the journal.
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