JEAIL > Volume 17(2); 2024 > Notes & Comments
Research Paper
Published online: November 30, 2024
DOI: http://dx.doi.org/10.14330/jeail.2024.17.2.07

Reformulating Death Penalty: Dynamics and Polemic of International Human Rights Standard and Indonesian Position

Joko Sriwidodo & Diana Fitriana & Dwi Andayani Budisetyowati
Universitas Bhayangkara Jakarta Raya
Jl. Raya Perjuangan, Harapan Baru, Kota Bekasi, Jawa Barat, 17123, Indonesia.
Corresponding Author: joko.sriwidodo@dsn.ubharajaya.ac.id

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This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The death penalty is a controversial topic due to its implications for human rights, particularly the right to life, considered a fundamental right. Some argue that the death penalty violates this right, while others believe it is a form of justice for severe crimes. This research explores the debate between the death penalty and human rights using a normative, juridical method and literature review. Some countries still practice the death penalty, while others have abolished it, citing concerns about justice and fairness. The criminal justice system often exhibits disparities, with marginalized groups facing higher rates of execution than wealthier or majority individuals. These inequalities challenge the principle of equality before the law and the integrity of justice. Efforts to reform include restricting or abolishing the death penalty due to concerns about law enforcement abuse, judicial errors, and ineffectiveness in deterring crime. The debate over its place in justice systems remains ongoing.

Keywords : Death Penalty, International Human Right, Reformulation, Indonesia, Criminal Justice, UN System

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