ARCHIVES
VOL. 8, ISSUE 1 (2026)
A review of the philosophical justification of the death penalty within the framework of criminal law politics in Indonesia
Authors
Dr. Siswanto, Dr. Bambang Slamet Riyadi
Abstract
The death penalty is a form of criminal
sanction that continues to spark philosophical, moral, and legal debate in
various countries. The differing views between countries that retain and those
that have abolished the death penalty demonstrate the complexity of the values
of justice, human rights, and legal politics in the modern criminal system.
In the Indonesian context, the validity of the death penalty remains in various
laws and regulations, including the new Criminal Code, thus necessitating a
philosophical study of the justification for its implementation. This study
uses normative legal research methods with conceptual and legislative
approaches, through a qualitative literature review. The results show that the
basic idea of the death penalty in Indonesia can be understood from several
perspectives, namely the perspective of national legal politics, the purpose of
punishment, the values of Pancasila and human rights, and the decisions of
the Constitutional Court. From all these perspectives, it is found that the
death penalty still has a philosophical justification within the framework of
national criminal law politics as an instrument to balance legal certainty,
justice, and practicality, as reflected in the formulation of the death penalty
in the new Criminal Code.
Download
Pages:160-165
How to cite this article:
Dr. Siswanto, Dr. Bambang Slamet Riyadi "A review of the philosophical justification of the death penalty within the framework of criminal law politics in Indonesia". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 160-165
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.