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8 Lentera Hukum 115 (2021)
Death Penalty in Indonesia: Revisiting the Debate between the Retentionist and the Abolitionist

handle is hein.journals/lenth8 and id is 115 raw text is: Lentera Hukum, Volume 8 Issue 1(2021), pp. 115-150 ISSN 2355-4673 (Print) 2621-3710 (Online) https://doi.org/10.19184/ejlh.v8i1.20138 Published by the University of Jember, Indonesia Available online 24 April 2021 Death Penalty in Indonesia: Revisiting the Debate Between the Retentionist and the Abolitionist Abdul Jalil Salam* Ar-Raniry State Islamic University, Indonesia Zahlul Pasha Karim Ar-Raniry State Islamic University, Indonesia ABSTRACT: Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law. KEYWORDS: Death Penalty, Criminal Law, Right to Life, Indonesian Law. Copyright ©2021 by Author(s) Ct: ` This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions. HOW TO CITE: Salam, Abdul Jalil & Zahlul Pasha Karim, Death Penalty in Indonesia:T Revisiting the Debate Between the Retentionist and theAholitionist (2021) 8:1 Lentera Hukum 115-150. DOI: <https://doi.org/ 10.19184/ejlh.v8il.20138>. Submitted: 10/12/2020 Reviewed: 18/12/2020 Revised: 22/03/2021 Accepted: 01/04/2021 * Corresponding author's e-mail: abduljalilsalam@ar-raniry.ac.id