Law Policy Reformulation of Death Sentence in Positive Penal Law Based on Pancasila Values

Abstract

The idea from abolitionist to abandon penal law has arose the past few years in line with the strengthening of the idea of human
rights. Including the idea to abandon death sentence. At present, there are at least 75 countries already removing death sentence
for ordinary crime categories. However, htere is still 68 countries that applies death sentence, and Indonesia is one of them. This
normative juridical research aims to examine the legal policies of the execution of death sentence in Indonesia, to analyze the
weaknesses of the law of execution of death sentence, and to reformulate the law of execution of death sentence based on the
values of Pancasila. The results of the implementation of death sentence in Indonesia are regulated in Law no. 5 of 1969 jo Law
no. 2 / Pnps / 1964, Weaknesses lies in the accuracy of the death sentence, the fears of executing innocent people, and the
effectiveness of death sentence in providing deterrence as one of the purposes of punishment, death sentence is considered
inhumane and ineffective. Reformulation of death sentence in Article 7 of Law no. 2 / Pnps / 1964 should be amended and
amended so that the article, "Implementation of death sentence on pregnant women is done until the woman gives birth and
breastfeeds her child for 2 (two) years.