Questioning the Future of Death Penalty in Indonesia: A Hermeneutic Analysis

Abstract

Through the enactment of the new Criminal Code, Indonesia is facing a turning point in the implementation of its national criminal law. After more than 100 years of applying the old KUHP, Indonesia now has its own criminal law code that is progressive, reformative and in accordance with the development of Indonesian criminal law. However, in its ratification, the community is still divided into supporters and opponents of the ratification of the new criminal code. Opponents argue that there are problematic articles that should be reviewed. One example is that there is still a death penalty that has changed from the principal punishment to an special crimes punishment. The death penalty has often been debated by legal experts but no resolution has ever been found. In the discussion in this article, the author aims to further explore the future of the death penalty in Indonesia and examine the death penalty from a hermeneutical perspective. This research uses a conceptual method and hermeneutic method which results in the finding that by using the deconstructive hermeneutic method introduced by Jacques Derrida, the death penalty threatened in the CC should not only be viewed from a juridical perspective, but also from various aspects including social, cultural, and religious aspects. However, the presence of the death penalty remains highly necessary in Indonesia, albeit no longer as the primary form of punishment. Instead, it serves as a distinctive kind of punishment that must be considered as an alternative.