Urgensi Penerapan Pidana Mati dalam Transisi Sistem Hukum Pidana di Indonesia

Abstract

This study examines the urgency of capital punishment in the context of the transition of Indonesia’s criminal law system, focusing on a comparison between the Old Penal Code (KUHP Lama) and the New Penal Code (KUHP Nasional). The Old Penal Code placed capital punishment as an absolute penalty for serious crimes, reflecting a retributive penal paradigm that emphasized retribution and formal legal certainty, while largely neglecting humanitarian aspects and the right to life. The New Penal Code, through Law Number 1 of 2023, introduces conditional capital punishment with the possibility of conversion to life imprisonment, marking a paradigm shift toward a humanistic model that integrates preventive, rehabilitative, and restorative principles. This study employs a doctrinal research method with a normative juridical approach, analyzing statutory provisions, legal literature, penal theory, and previous research findings. The analysis indicates that capital punishment remains normatively and practically relevant, particularly for extraordinary crimes that threaten public safety and state security, yet its application must be selective and adhere to principles of proportionality, substantive justice, and human rights. The urgency of this research lies in the need to understand the transformation of penal concepts and the rational application of capital punishment under the New Penal Code, supporting the development of a fair, constitutional, and effective criminal law policy. The findings provide both theoretical and practical contributions for academics, policymakers, and law enforcement officers in assessing the role of capital punishment as a last resort (ultimum remedium) in Indonesia.