Kontroversi Sanksi Mati dalam Hukum Pidana Indonesia: Dialektika Kepastian Hukum dan Perlindungan Hak Asasi Manusia

Abstract

The death penalty in Indonesia remains a controversial issue that creates tension between the principles of legal certainty and human rights protection. This article analyzes this dialectic through a juridical-normative approach by examining the philosophical foundations, positive regulations, and implementation of capital punishment in the Indonesian criminal justice system. The study reveals that although the Indonesian Criminal Code (KUHP) and various special laws still recognize the death penalty as a form of criminal sanction, its application contradicts international human rights instruments, particularly Article 6 of the International Covenant on Civil and Political Rights, which restricts executions to only the most serious crimes. Analysis of court decisions demonstrates inconsistencies in the application of the death penalty, where political discretion and public pressure often outweigh pure legal considerations. On the other hand, retributive and utilitarian arguments continue to be used as justifications by death penalty proponents. The article concludes that Indonesia stands at a crossroads between national legal sovereignty and its international human rights obligations, recommending a *death penalty limitation* model as a middle ground before reaching total abolition. The findings of this research make significant contributions to the discourse on criminal law reform that better aligns with modern rule of law principles and human rights.