State Responsibility for Delays in the Implementation of Death Penalty

Abstract

The implementation of the death penalty in Indonesia is currently a serious problem, and this is due to the pros and cons of its implementation. On the one hand, the death penalty is still regulated in existing statutory regulations, while on the other hand, it is contrary to the human rights that apply in Indonesia. In order to resolve the number of death row inmates who have not yet been shot, execute them after they have exercised their rights. The best way in this case is first to carry out reconstruction of the laws currently in force and also do this with Restorative Justice, which is a legal breakthrough. From the research results, it was concluded that postponing the execution of death row inmates is necessary to anticipate the impact of misguided justice. The minimum period is five years starting from the date of the court decision, which has permanent legal force. The legal product that can be used to regulate the postponement of death executions in Indonesia is a Presidential Regulation because the Attorney General, as the executor of death row inmates, is a subordinate of the president who must comply with the Presidential Decree. Presidential regulations are faster and easier to make than making or changing laws. Apart from that, the State, in this case, is an institution that protects its people in whatever way its citizens do. The execution of the death penalty still occurs. It is because the implementation of statutory regulations still regulates it. The author believes that the government must execute death row inmates if their legal rights have been sought and denied by the government. If not done, the government will have committed crimes against humanity.