Restriction On Death Penalty In Indonesia From Perspective Of International Human Rights Law

Most of countries in the world have terminated the death sentence for the sake of respecting the human rights internationally as the universal human rights.In fact,Indonesia have the different practice in the executing the death penalty for certain crimes.Using the normative legal research method,this research analysed issues including to what extent of the international protection of human rights in Indonesia.This study is to analyze two main issues:to what extent the international protection of human rights in Indonesia and how the law and the international protection of human right impact the policy of implementation of death penalty in Indonesia.This study concluded two points:first,there was the implementation of human rights in Indonesia in implementing the death sentence in apply certain limitation(restriction)in implementing the death sentence.Restriction of the death penalty is assumed as one of important element in the development of democracy in the nations who will break down a relation to the last age with terror,injustice and oppression.The trend of this limitation is indicated by international law product in order to encourage the abolition of death penalty.This will explain about it and how patterns of compliance to the ICCPR(as International Legal Instrument)by Indonesia and its relation to the application of the death penalty in Indonesia.Death Penalty and the right to live as the right that cannot be limited under any circumstances(non derogable)are contradictive.This contradiction results a conflict of norm between legislations that legalize the existence of capital punishment and legislations that legalize the existence of the right to live.Solutions should be resulted to solve the conflict of norms.Second,the approval of the International covenant about the civil right and political right becomes the basic parameter to what extent Indonesia regulate the policy of death sentence and to what extent of the attempt of in making its domestic law harmonious with the international human right.