Kepastian Hukum Eksekusi Pidana Mati dalam Perspektif Pasal 100 KUHP 2023

Abstract

This study aims to analyze the provisions and legal implications of Article 100 of the 2023 Criminal Code regarding the implementation of the death penalty in Indonesia, particularly in terms of legal certainty. Article 100 introduces a ten-year probation period for those sentenced to death, allowing for the conversion of the sentence to life imprisonment or 20 years if the convict demonstrates commendable behavior and actions. This policy raises questions about the consistency of court decisions, the predictability of sentence enforcement, and the authority of law enforcement agencies. The research uses a normative legal method with a legislative, conceptual, and analytical approach. The legal materials consist of the 2023 Criminal Code, the old Criminal Code, Constitutional Court decisions, academic literature, and related legal sources. The analysis was conducted qualitatively through the inventory and interpretation of legal norms. The results of the study show that Article 100 of the 2023 Criminal Code brings about a paradigm shift by placing the death penalty as a special punishment that is alternative and humanistic in nature. However, four main issues were found: potential legal uncertainty, the absence of objective standards in evaluating good behavior, the lack of synchronization between court decisions and the implementation of executions, which depend on administrative decisions, and the increasing burden on correctional institutions. Therefore, derivative regulations are needed to establish evaluation standards, oversight mechanisms, and inter-agency coordination so that the goal of humanizing the death penalty can be achieved without reducing legal certainty.