EKSISTENSI PIDANA MATI DALAM KONTEKS DUE PROCESS OF LAW (STUDI KASUS PIDANA MATI TERHADAP YUSMAN TELAUMBANUA PUTUSAN PENGADILAN NEGERI GUNUNGSITOLI NOMOR 08/Pid.B/2013/PN-GS)

Raymond, Septian Laoli (2017) EKSISTENSI PIDANA MATI DALAM KONTEKS DUE PROCESS OF LAW (STUDI KASUS PIDANA MATI TERHADAP YUSMAN TELAUMBANUA PUTUSAN PENGADILAN NEGERI GUNUNGSITOLI NOMOR 08/Pid.B/2013/PN-GS). Masters thesis, Universitas Andalas.

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Abstract

This thesis discusses the due process of law on suspects / defendant. In practice, some cases have been marked by injustice and unprofessional conduct by law enforcement officials during investigation of the cases. Therefore, there has to be due and fair legal process in order to guarantee the rights of the suspect / defendant when before sub-criminal justice system (integrated criminal justice system). So, the purpose of criminal procedure i.e to find the objective truth can be brought about. To that end, the law demands the enforcement of legislation high moral integrity. In this theses, due process of law is being used as a tool to examine the effectiveness of the death penalty in bringing about justice. This theses also questions is the death penalty, particularly in Verdict of Pengadilan Negeri Gunungsitoli No. 08/Pid.B/2013/PN-GS follow the principles of criminal law. The method used in this study is normative legal research, method which collect and process data from literatures and analyzed using the approach of the principles of criminal law and approaches the concept (conceptual approach) by the method of descriptive analysis, so the results obtained after the analysis of the results research is the existence of the death penalty in Indonesia in law enforcement can be seen through the high number of statistics to the demands of prosecutors in some courts is directly proportional to the verdict of capital punishment by the judge based on the application process unfair trial. On the other hand, in the process of legislation policy are criminal acts which threatened the death penalty. Consequences of the addition of a sentence of death can be seen by the issuance of Perppu No. 1 Year 2016 on the Second Amendment Undang-Undang No. 23 Year 2002 on Child Protection. This regulation provides for punishment as a follow-neuter and the death penalty to the perpetrators. Although the purpose of sentencing the death penalty is intended to protect the public interest. Therefore, the death penalty is placed as a last resort because the death penalty is not the main means to support the objectives of the criminal prosecution. The judge must give consideration selectively and carefully prior to sentencing the death penalty, including executions were carried out. However, the fact shows, the defendants were threatened with the death penalty, did not get a fair legal process as in the case Yusman Telaumbanua. Therefore, the existence of the criminal justice system as a form of due process of law in a country committed to the law would provide protection (rechtbescherming) against those seeking justice (justititabelend) to get a fair trial in defending their rights. Keywords: Death Penalty, Criminal Justice System, and the Due Process of Law

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