CAPITAL PUNISHMENT IN INDONESIAN LEGAL SYSTEM: BETWEEN LEGAL CERTAINTY AND LEGAL CULTURE

Abstract

The research has a purpose to analyze and find answer for two things, there are: first, the enforcement of capital punishment in Indonesian legal system. Second, The reasons, background, and consideration of the exsistance of capital punishment. This research done by normative legal research, thus the research examine the problems to find out the solutions using the methods which obtaining the remaining way which could be controled and has the basis of any kind of supporting theories related to the enforcement of capital punishment. It also directly related to the legal practice which concerning into two main aspects regarding the legal forming (legal development) and legal implementation concerning the capital punishment. In this research writing, using approach of statute; comparative; and philosophy by using related laws, regulations, and legal principles, supporting by the theories and principles that related to the research problem as the central of focus, in addition author using comparative approach with Malaysian Law limited to certain regulations which concern to the Capital Punishment. The result of research that had already found: first, the capital punishment does not violate Pancasila, the 1945 Constitution and any other Laws both nationally and internationally. Second, capital punishment feasible to be applied as long as society still need it and as deterrence effect.