Kontroversi Pelaksanaan Hukuman Mati Dikaitkan Dengan Perlindungan Hak Asasi Manusia Ditinjau Dari Pasal 28 UUD 1945 Dan Undang-Undang Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia ( Tesis MH, 2014 )

Agusman Zai, . (2014) Kontroversi Pelaksanaan Hukuman Mati Dikaitkan Dengan Perlindungan Hak Asasi Manusia Ditinjau Dari Pasal 28 UUD 1945 Dan Undang-Undang Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia ( Tesis MH, 2014 ). Masters thesis, Universitas Pamulang.

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Abstract

The death penalty is one of the penalties provided in article 10 of the Code of Criminal Law . The death penalty is the most severe punishment , the right to freedom of depriving a person's life . The death penalty is still in force in Indonesia , although the Netherlands which is the origin of abolishing the law of Indonesia since 1870 . In terms of the application of the death penalty , both in Indonesia and the countries in the world there are many pros and cons opinion . The debate over the death penalty from the perspective of human rights resulted in various opinions , both among academics , legal experts and religious leaders . There is agree on the death penalty , and some who do not agree enforced , even asking eliminated from Indonesian law , with different reasons . The research method used is a normative study, which was done by examining library materials or secondary data ( library research) . At which stage of the search and assessment of the various sources through the stages of data collection , data assessment , interpretation and inference is supported by field research , in order to obtain more accurate data on the death penalty. Those who oppose the death penalty ( cons ) at least use the base argument, among others, contrary to Pancasila , limiting the right to life , the possible execution of an innocent person ( the possibility of the execution of an innocent person) , the lack of a deterrent effect on crime violence ( the lack of deterrence of violent crime) . In addition , they are also based on moral and religious arguments (based on moral or religious basic ) . Conversely party favor ( pro ) death penalty view that the death penalty can be a deterrent effect ( the deterrence of violent crime) , fair to the friends and families of the victims ( of closure to the families and friends of the Victims ) , and this group believes that the criminalization other form will not be effective . As the formulation in Article 28 A of the 1945 Constitution applies to the provisions of Article 28, first paragraph ( 1 ) , that a person 's rights must be balanced with the obligation to respect the human rights of others, including the right to life of others, so if violated should be punished . Example : the crime of murder in violation of the right to life , and treason against the state in violation of the sovereignty of the state , including serious crimes . So it is natural that criminal punishable by death . Thus , the death penalty does not violate the 1945 Constitution . Keywords : Death Penalty , Human Rights .

Item Type: Thesis (Masters)
Subjects: K Law > K Law (General)
Depositing User: Admin Perpustakaan UNPAM
Date Deposited: 09 Sep 2015 01:51
Last Modified: 10 Sep 2015 02:08
URI: http://eprints.unpam.ac.id/id/eprint/372

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