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11 Lentera Hukum 24 (2024)
Paradigm Shift of Death Penalty Regulation in the New Criminal Code (KUHP) of Indonesia

handle is hein.journals/lenth11 and id is 27 raw text is: Lentera Hukum, 11:1 (2024), pp. 24-55 Available online 30 April 2024 ISSN 2355-4673 (Print) 2621-3710 (Online) https://doi.org/10.19184/ejlh.v10i1.45809 Paradigm Shift of Death Penalty Regulation in the New Criminal Code (KUHP) of Indonesia M. Arief Amrullah * Faculty of Law, Universitas Jember, Indonesia ABSTRACT: The arrangement of death penalty in the new Criminal Code (KUH P) raises two different views between those who defend and reject death penalty. In this regard, this paper aims to find the reasoning for the retention of death penalty in the new Criminal Code, which was passed in 2022. This paper will also discuss what has caused the shift of death penalty allocation, from its position as a main to an alternative punishment with ten years' probation period. The death penalty regulation in the Dutch Criminal Code is no longer in accordance with the development of punishment, so it requires a renewal. In the new KU H P, death penalty is the last resort and is imposed alternatively with a ten-year probation period. If the convict shows a good and commendable attitude during the imprisonment, then the death penalty can be changed into life imprisonment or imprisonment for a maximum of twenty years. The arrangement of a ten-year probation period is a middle way to accommodate views that reject and support the death penalty, which demonstrates the essence of shifting the allocation of death penalty to an alternative punishment in Indonesia. KEYWORDS: Paradigm shift, Criminal Punishment, Death Penalty, Legal Reasoning, Indonesia. I. INTRODUCTION The effort to realize a New Criminal Code in Indonesia has come a long way, as the Draft Criminal Code (RKUHP) was postponed several times from 1999 to 2022. One reason is the criticism from various circles in the community regarding fourteen problematic articles, including the formulation of the death penalty. In recognition of these criticisms, President Joko Widodo requested for the Ministry of Law and Human Rights to review the RKUHP.1 The enactment of the death penalty raises various responses and views from the community; Ihsanuddin & Krisiandi, Jokowi Sebut Ada 14 Pasal Bermasalah di RKUHP, KOMPAS.com (20 September 2019), online: <https://nasional.kompas.com/read/2019/09/20 /15411811 /jokowi-sebut-ada-14-pasal- bermasalah-di-rkuhp>. * Corresponding author, email: arief.fh@unej.ac.id Submitted: 20 January 2024 I Reviewed: 11 March 2024 1 Revised: 12 March 2024 | Accepted: 23 March 2024 Published by the University of Jember (Indonesia). © The Author(s), 2024. This is an Open Access article, distributed under the terms of the Creative Commons Attribution-ShareAlike 4.0 International license (htto: / /creativecommons.org/licenses/bv-sa/4.0).