THE ROLE OF PROSECUTORS IN IMPLEMENTING THE DEATH PENALTY IN INDONESIA
This research is motivated by the conditions of the implementation of the death penalty in Indonesia, if we look at the practical order, there are still various problems related to the phenomenon of the delay in the implementation of the death penalty for so long and without any legal certainty which of course must be improved immediately, especially in terms of the time of execution or implementation of the death penalty. This study aims to discuss the basic idea of the implementation of the death penalty, the causes of the waiting period in the implementation of the death penalty, and the steps of the prosecutor's office in realizing legal certainty in the implementation of the death penalty. This research is a type of normative legal research or doctrinal research using the Legislative, Conceptual, Historical, and Philosophical Approaches which are analyzed using qualitative descriptive legal methods so that the level of synchronization of laws and regulations can be found. This research covers the scope of research that describes, examines and analyzes and finds general legal theories and laws and regulations on the Role of Prosecutors in the Implementation of the Death Penalty in Indonesia. The results of this study indicate that the government can maintain the death penalty in the Criminal Code to provide a higher preventive effect from disturbances to legal order. Several reasons that can be the cause of the waiting period in the implementation of the death penalty, namely the prisoner has made a request for the convict while pregnant, clemency and extraordinary legal efforts. The formulation of the probationary period regulated in Article 100 of Law Number 1 of 2023 is part of the government's solution to overcome legal certainty regarding the phenomenon of the waiting period for the death penalty in Indonesia. The suggestion that the author can provide from this study is that there needs to be legal clarity in regulating the waiting period before the death penalty is carried out. When the last legal effort has been implemented, the government must be limited by the maximum time. In addition, we hope that the regulations related to the death penalty need to be moderated with the existence of a new Criminal Code (KUHP) which may be a middle ground for the polemic of the waiting period for the death penalty.
Role of Prosecutors, Death Penalty.