The Constitution-Based Death Crime and Pancasila Values

DOI

10.2991/978-2-38476-024-4_66How to use a DOI?

Keywords

Death penalty; Constitution and Pancasila

Abstract

The death penalty is not a new form of punishment, but it is a crime that has existed for hundreds of years, this is not only in Indonesia but also in various countries in the world. In Indonesia itself, it can be seen that during the time the kingdoms had implemented the death penalty, while in other countries, for example, Rome, Greece, Germany, and others countries. The death penalty is part of the types of crimes that apply based on Indonesian positive criminal law. This form of crime is a punishment carried out by taking the soul of someone who violates the provisions of the law. This punishment is also the oldest and most controversial punishment for various other forms of crime. The purpose of holding and implementing the death penalty is so that the public pays attention that the government does not want any disturbance to the peace which is very much feared by the public. The existence of this death penalty from the past until now still reaps the pros and cons with their respective logical and rational reasons. These pros and cons do not only occur in Indonesia but also in various parts of the world. Pancasila values? From these problems the author discusses them as follows: The constitutional view of the death penalty, even though “everyone has the right to live” (Article 28A in conjunction with Article 28 I of the 1945 Constitution and Article 9 paragraph 1 in conjunction with Article 4 of the Human Rights Law); and “Everyone has the right to be free from enforced disappearances and disappearances of life” (Article 33 paragraph 2 of the Human Rights Law), but all human rights listed in Chapter XA of the 1945 Constitution can be limited. by the placement of Article 28J, and the death penalty according to the values ​​of Pancasila, namely: Belief in One God, just and civilized humanity, Indonesian unity, Democracy led by wisdom in deliberation/representation, and social justice for all Indonesian people.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Abdul Kholiq
AU  - Juhari Juhari
PY  - 2023
DA  - 2023/04/19
TI  - The Constitution-Based Death Crime and Pancasila Values
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 658
EP  - 668
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_66
DO  - 10.2991/978-2-38476-024-4_66
ID  - Kholiq2023
ER  -