DEATH PENALTY AS AN ALTERNATIVE PUNISHMENT: DYNAMICS OF CHANGE IN INDONESIAN LEGISLATION IN COMPARISON WITH THE UNITED STATES AND SINGAPORE
The death penalty in Indonesia is a contentious topic that ignites debate over its effectiveness and humanitarian aspects, particularly in the context of serious crimes such as premeditated murder, terrorism, and narcotics offenses. Legal reforms, including the introduction of conditional death penalty, reflect efforts to balance law enforcement with human rights principles, offering chances for rehabilitation and reconsideration of sentences. These changes mark Indonesia's response to international pressure and shifts in social values, signaling a move towards a more humane and restoration-oriented justice system. This study aims to examine the significant legislative changes brought about by the introduction of the conditional death penalty concept in Law Number 1 of 2023 on the Criminal Code. This research employs a normative juridical method. The findings indicate that the death penalty reformulation in Indonesia creates a dilemma between upholding long-standing legal traditions and the need for modernization towards restorative justice and respect for human rights. Although rooted historically as a law enforcement tool since the kingdom era and considered effective for serious crimes like systematic corruption, global pressure post-World War II has prompted a reconsideration of its application. In this context, the government strives to align the death penalty with international standards, presenting a dilemma between seeking deterrent effects and considering the humanity and effectiveness of the punishment within a broader judicial system.
Legislation; Alternative Sentencing; Death Penalty.