Year: 2024 | Month: May | Volume: 11 | Issue: 5 | Pages: 275-285
DOI: https://doi.org/10.52403/ijrr.20240532
Rehabilitation of Death Row Inmates in Correctional Facilities in Connection with Law Number 1 of 2023 on the National Penal Code of Indonesia
Manase Putra1, Yasmirah Mandasari Saragih2, T. Riza Zarzani3
1,2,3Program Studi Magister Ilmu Hukum, Universitas Pembangunan Panca Budi, Medan, Indonesia.
Corresponding Author: Manase Putra
ABSTRACT
There has been a shift in the position of the capital punishment in Indonesia from previously being a principal punishment to an alternative punishment as per Law No. 1 of 2023 concerning the National Penal Code (called KUHP). The new Indonesian Penal Code positions the capital punishment as an alternative with a probation period of 10 (ten) years, which will impact the role of Correctional Institutions as referred to in Law No. 22 of 2022. The methodology of this research employs a normative legal approach, primarily drawing from the National Penal Code and related regulations, as well as court decisions.
The 10-year probation period for death row inmates aims to encourage good behavior among them, thus opening the possibility of changing the form of punishment from the capital punishment to life imprisonment. Data from 2022 shows that death row inmates in Indonesia are distributed across several correctional institutions, with the highest numbers at the correctional facilities in Medan and Nusakambangan, predominantly for drug-related offenses. The shift of the capital punishment to an alternative places central importance on correctional institutions during the 10-year probation period to rehabilitate death row inmates. This rehabilitation process is crucial in determining the execution of the capital punishment, necessitating an effective formulation of rehabilitation to ensure the probation period in correctional institutions is not in vain.
Keywords: Rehabilitation, Death Row Inmates, Correctional Institutions
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