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ANALISIS NORMA HUKUMAN MATI DALAM UU NO 1 TAHUN 2023 TENTANG KUHP PERSPEKTIF MASLAHAH MURSALAH
After the enactment of Law No. 1 of 2023 concerning the Criminal Code, especially Article 100 where there was a renewal of criminal law in Indonesia when the position of the death penalty which was previously the main punishment became an alternative punishment with a probation period of 10 years by taking into account the defendant's remorse and there is hope to improve himself/her role in the criminal act, this policy raises pros and cons. Those who are pro with this norm change think that it is a countermeasure against human rights violations because it has given a second chance to the defendant to show remorse and improve himself. Meanwhile, the cons feel that with a 10-year probation period, legal certainty will be difficult to realize. The use of Maslahah Mursalah as an analytical knife to review the norms of the death penalty by paying attention to the benefits of the legal reform. The formulation in this study is first, how is the implementation of the death penalty norm in Law No. 1 of 2023 concerning the Criminal Code? and second, how is the Maslahah Mursalah review of the imposition of the death penalty in Indonesia? This type of research is a category of Library Research which is related to a problem that is happening. This research uses a juridical-normative approach with the theory of the principles of the formation of laws and regulations, the theory of legal certainty and maslahah mursalah as an analytical knife to explain the norms of the death penalty in Law No. 1 of 2023 concerning the Criminal Code. The results showed that the death penalty norm in the new Criminal Code is a legal reform with the intention of thinking about the purpose of punishment and the purpose of criminal law, one of which is as a criminal policy and social policy. So, the provision regarding the postponement of punishment with a probation period of 10 years is an effort to maintain a balance between those who hold an abolitionist view that the death penalty must be abolished because it is against human rights and retentionist groups or people who still want to maintain the death penalty with certain regulations as a form justice for victims and society, as well as extreme groups who want the implementation of the death penalty to be the same as Islamic law, including ambivalence, namely people who are neutral about the death penalty at the international level. The death penalty is already regulated in Islamic Law. If elaborated with maslahah mursalah, then the norm of the death penalty in Article 100 of Law No. 1 of 2023 concerning the Criminal Code can be carried out with the assumption that it is a repressive measure to guarantee human rights. As has been explained that, the purpose of Islamic law is in principle how to realize “benefit / welfare” to all human beings.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21203012118 Adellia Laksita Putri, S.H
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