PRINCIPLE OF FORMAL LEGALITY: DEATH PENALTY IN THE INDONESIAN NATIONAL CRIMINAL CODE

ABSTRACT : TLaw number 1 of 1946 concerning the Criminal Code, which covers one of the main crimes involving the death penalty, is the source of criminal punishment. However, regarding the implementation of death penalty sanctions against perpetrators of criminal acts, there is still a fairly serious debate about execution, which still relatively does not provide legal certainty. Moreover, after Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code, there is a new breakthrough that the death penalty is no longer the main crime but a special crime that is threatened alternatively with the death penalty. The purpose of this study is to see how important the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code is to repeal the conditional death penalty. The research specifications used are descriptive and include data collection techniques using literature studies. The normative juridical approach is used by examining several norms. The results showed that Law Number 1 of 2023 concerning the Criminal Code can allow the death penalty as a death penalty after good behavior for 10 (ten) year’s probation and obtain the approval of the President after consideration by the Supreme Court. After that, the sentence can be changed to life imprisonment. As mentioned in paragraph 4 of Article 100, the provision of the death penalty is conditional with the word “may”. As a result, it is unclear whether the death penalty can be replaced with a life sentence. This shows that the time limit for his criminal probation period is too long. As a result, the judicial process is not yet clear about when the president will make a decision.

KEYWORDS :Legality, Renewal, Death Penalty and Indonesia