The phenomenon of the death penalty in Indonesia: a review from the aspects of norms, morals, and legality

Abstract

Background: This research explores the phenomenon of the death penalty in premeditated murder cases in Indonesia through the lens of H.L.A. Hart’s perspective. The moral and justice analysis in such cases differs significantly from general discussions on capital punishment. This study aims to examine the legal, normative, and moral dimensions of the death penalty in premeditated murder cases. Methods: The research employs a qualitative approach, using a literature review of actual issues, with a descriptive-analytical methodology. Data analysis is conducted through descriptive, inductive, and deductive methods, focusing on holistic understanding, internal coherence, and reflection. Findings: The study found that, from a legal standpoint, the death penalty in premeditated murder cases in Indonesia does not conflict with the nation’s positive laws. However, from a normative perspective, the death penalty appears to clash with societal norms that highly value human life. The research emphasizes the need for a fair judicial process to prevent issues such as extended waiting times for execution and unjust trials. Morally, based on Hart’s view, the death penalty is fundamentally considered immoral. Conclusion: While the death penalty is legally justified in Indonesia for premeditated murder, it remains controversial in terms of societal norms and moral values. The study highlights the necessity of improving judicial practices to align better with both legal and moral standards. Novelty/Originality of This Study: This study uniquely integrates H.L.A. Hart’s moral philosophy with the analysis of the death penalty in Indonesia, offering a distinctive perspective on the alignment between legal practices, societal norms, and moral principles in premeditated murder cases.