AGAINST LEGAL UNCERTAINTY: THE WAITING PERIOD FOR DEATH PENALTY EXECUTION AS A VIOLATION OF HUMAN RIGHTS
Death penalty is one of the oldest and most controversial types of punishment, carried out by the authorities by eliminating the life of a criminal who has been found guilty by a court, and based on the applicable laws and regulations. This type of research is normative legal research with a statutory, conceptual, and historical approach. The results show that the legal arrangements related to the waiting period for death penalty in Indonesian legislation have not shown any legal certainty or in other words that there is no legal certainty for the waiting period for execution for death convicts in the current regulations. During the waiting period for execution, the fulfillment of the rights of death convicts can be seen in two ways: the first, temporary placement in a correctional institution with the status of not serving a sentence as a convict and not having to take part in a coaching program, and the second, the provision of opportunities to use the rights of death convicts. Regardless of the polemic on the number of applications for review, death convicts have the opportunity to have their sentences commuted through judicial review. Regarding clemency, since 2014, there has never been a request for clemency granted for a convict in a narcotics crime.
Death Penalty; Execution; Human Rights; Narcotics; Waiting Period