Abolisi Legalitas Hukuman Mati Dalam
Sistem Hukum Peradilan Pidana Di Indonesia:
Tinjauan Etis Moral Tentang Nilai Hidup Dalam Terang Ensiklik Evangelium Vitae Paus Yohanes Paulus Ii
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Institusion
INSTITUT FILSAFAT DAN TEKNOLOGI KREATIF LEDALERO
Author
MBUSA, Klaudius Romanus
Subject
BR Christianity
Datestamp
2021-09-30 00:16:11
Abstract :
This study aims to review and analyze the legality of applying the death penalty in Indonesia in light of the moral ethical teachings of the Evangelium Vitae encyclical on the value of life.The method used in this research is descriptive qualitative. The descriptive qualitative method used to describe various phenomena that exist in the objects to be studied. The object under study is the legality of the death penalty in the criminal justice system in Indonesia and the core teachings of Pope John PaulII’s Evangelium Vitae encyclical on the value of life. Source of the data in this research are documents, writings and books that discuss the death penalty law in Indonesia. Another source is the Evangelium Vitae encyclical and various reference sources related to the Church’s moral teaching on the value of life. The method of data collection is done by non-interactive technicques which include content analysis of documents and archives. The steps are reading, studying, and collecting and analyzing data relevant to the theme. The data analysis technique used is the flow model analysis technique. The steps are collecting data, reducing data, displaying data and drawing final conclusions. Law is a necessity in the public sphere. In the midst of the factum primum of social plurality and the complexity of the interest of each individual, law becomes an absolute prerequisite (conditiosinequanon). In and through the law, the orderly, fair, and harmonies life gets its guaranteed. However, the determination and formation of policies and legal lines as well as various sanctions made must first be based on and oriented to human values. The stipulation of the law and all of its regulatory provision must be directed at ensuring the recognition, protection and respect for human rights and dignity, inclusive of recognition and respect for the sanctity of human life. It is at this point that the legality of the death penalty displays its contradictory twists. Based on results of the research analysis, it is concludeed that first, the death penalty in se is contrary to the constitution (the Basic Law which was a manded in 2000) and does not appear to be in line with the commitment of the Indonesian state to comply with international agreements contained in the Universal Declaration of Human rights and International Covenants On Civil And Poltical Rights. Second, the death penalty is contrary to the philosophy of punishment in Indonesia which emphasizes aspects of rehabilitation, re-education and reintegration. The death penalty does not open up space for efforts to awaken the death row in mates to improve them selves so that they can turn into good individuals and can reunite in social life in society. Third, the death penalty is a form of harrasment against human dignity. The death penalty denies the nobility of the value of human life which cannot be contested and which is received by humans as a gift. The death penalty denies human life as the most fundemental and in alienable and in violable right. The right to life is the basic right inherent in humans because they are born as humans. As a gift from God, the right to life is a given reality that is neither given nor granted by any other person or authority in the world. Therefore, no one or any authority institution has the authority to revoke and challenge the right to life alone. The death pinalty exists as a form of cruel punishment and negation of humanity. The death penalty strips the convict of all dignity by treating him as an object or item that must be removed and eliminated. The death penalty also violates the sanctity of human life. Fourth, the death penalty runs counter to the moral imperative “don’t killâ€. The moral imperative not to kill denotes extreem limits that should not be crossed. The death penalty ignores ethical principles and responsibilities to respect, value and serve to the life. The death penalty radically contradicts God’s love and the principle of respect for the dignity of the human person. Fifth, the death penaltyis a form of moral crime. Moral crimes appear in the elements of their actions which are carried out in a free, planned, and intentional manner. The death penalty as an actof murder has a totallity destructive nature. A person along with the fundamental rights inherent in him is deprived and totally eliminated. In the death penalty, the victimis definively silenced and unable to voice her demands. Sixth, the death penalty is a cultural construction of death. The practice of the death penalty depicts an anti-life mentality which merely denies, demeans and belittles the dignity of human life. At this point, human lose their ethical responsibilty to protect and respect the dignity of their fellow human beings. Based on various consideration and assesments that have been built, the author determines and affirms afirm choice to reject and encourage the abolition of th
This study aims to review and analyze the legality of applying the death penalty in Indonesia in light of the moral ethical teachings of the Evangelium Vitae encyclical on the value of life.The method used in this research is descriptive qualitative. The descriptive qualitative method used to describe various phenomena that exist in the objects to be studied. The object under study is the legality of the death penalty in the criminal justice system in Indonesia and the core teachings of Pope John PaulII’s Evangelium Vitae encyclical on the value of life. Source of the data in this research are documents, writings and books that discuss the death penalty law in Indonesia. Another source is the Evangelium Vitae encyclical and various reference sources related to the Church’s moral teaching on the value of life. The method of data collection is done by non-interactive technicques which include content analysis of documents and archives. The steps are reading, studying, and collecting and analyzing data relevant to the theme. The data analysis technique used is the flow model analysis technique. The steps are collecting data, reducing data, displaying data and drawing final conclusions. Law is a necessity in the public sphere. In the midst of the factum primum of social plurality and the complexity of the interest of each individual, law becomes an absolute prerequisite (conditiosinequanon). In and through the law, the orderly, fair, and harmonies life gets its guaranteed. However, the determination and formation of policies and legal lines as well as various sanctions made must first be based on and oriented to human values. The stipulation of the law and all of its regulatory provision must be directed at ensuring the recognition, protection and respect for human rights and dignity, inclusive of recognition and respect for the sanctity of human life. It is at this point that the legality of the death penalty displays its contradictory twists. Based on results of the research analysis, it is concludeed that first, the death penalty in se is contrary to the constitution (the Basic Law which was a manded in 2000) and does not appear to be in line with the commitment of the Indonesian state to comply with international agreements contained in the Universal Declaration of Human rights and International Covenants On Civil And Poltical Rights. Second, the death penalty is contrary to the philosophy of punishment in Indonesia which emphasizes aspects of rehabilitation, re-education and reintegration. The death penalty does not open up space for efforts to awaken the death row in mates to improve them selves so that they can turn into good individuals and can reunite in social life in society. Third, the death penalty is a form of harrasment against human dignity. The death penalty denies the nobility of the value of human life which cannot be contested and which is received by humans as a gift. The death penalty denies human life as the most fundemental and in alienable and in violable right. The right to life is the basic right inherent in humans because they are born as humans. As a gift from God, the right to life is a given reality that is neither given nor granted by any other person or authority in the world. Therefore, no one or any authority institution has the authority to revoke and challenge the right to life alone. The death pinalty exists as a form of cruel punishment and negation of humanity. The death penalty strips the convict of all dignity by treating him as an object or item that must be removed and eliminated. The death penalty also violates the sanctity of human life. Fourth, the death penalty runs counter to the moral imperative “don’t killâ€. The moral imperative not to kill denotes extreem limits that should not be crossed. The death penalty ignores ethical principles and responsibilities to respect, value and serve to the life. The death penalty radically contradicts God’s love and the principle of respect for the dignity of the human person. Fifth, the death penaltyis a form of moral crime. Moral crimes appear in the elements of their actions which are carried out in a free, planned, and intentional manner. The death penalty as an actof murder has a totallity destructive nature. A person along with the fundamental rights inherent in him is deprived and totally eliminated. In the death penalty, the victimis definively silenced and unable to voice her demands. Sixth, the death penalty is a cultural construction of death. The practice of the death penalty depicts an anti-life mentality which merely denies, demeans and belittles the dignity of human life. At this point, human lose their ethical responsibilty to protect and respect the dignity of their fellow human beings. Based on various consideration and assesments that have been built, the author determines and affirms afirm choice to reject and encourage the abolition of th
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