DEATH PENALTY ARRANGEMENT IN LAW NO. 1 YEAR 2023 ON CRIMINAL CODE IN RELATION TO RIGHT TO LIFE AND FAIR TRIAL PRINCIPLE

Abstract

This research examines the death penalty regulation in Law No. 01 of 2023 concerning “The Criminal Code (KUHP) in Indonesia, and its relation to the right to life and the principle of fair trial.” Although the death penalty is still accommodated in the law, there is an intense debate regarding its compatibility with human rights, especially the right to life guaranteed in the constitution and various international instruments. In addition, this research also highlights the principle of fair trial, which covers the rights of the accused during the judicial process, including the right to an effective defense, humane treatment, and the right to appeal. Through normative juridical analysis, this research aims to identify and evaluate the extent to which the death penalty provisions in the new Criminal Code comply with international human rights standards and the principle of fair trial. The results show that despite efforts to tighten the procedures and conditions for imposing the death penalty, there are still significant challenges and criticisms related to its implementation which is considered not fully compliant with human rights principles and procedural justice. This research recommends the need for legal review and reform to ensure that the death penalty regulation in Indonesia truly respects and protects the right to life and the principle of fair trial.