CD Tesis

Eksistensi Pidana Mati Dalam Hukum Pidana Indonesia Ditinjau Dari Hak Asasi Manusia Berdasarkan Nilai-Nilai Pancasila

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In recent decades the practice of imposing the death penalty has re-emerged as hot discussion material for debate. This might be due to a number of things, for example due to the return of the exclusion practice. There are death penalty defenders who say capital punishment is necessary to ensnare and frighten criminals, and relatively does not cause pain if carried out properly. Among those who oppose capital punishment, among others, say that capital punishment can cause injustice, the implementation is far from not causing illness, and ineffective as a deterrent because frequent crimes are committed because of the heat of heart and emotions that are beyond the reach of human control. Within the international community, recognition of the death penalty has almost no place in a democratic and cultured society.
The main problem in this research is how is the existence of a criminal death in Indonesian criminal law and how is the existence of a criminal death in Indonesian criminal law viewed from human rights based on Pancasila values.
The type of research used by the author is a type of normative legal research or also called doctrinal legal research. What is meant by normative legal research or doctrinal legal research is library research or document studies, normative legal research on the existence of the death penalty in Indonesian criminal law viewed from human rights based on Pancasila values, analysis can be carried out in certain laws or related laws in Indonesia
From the results of the study it can be concluded, The Existence of Death Penalty in Indonesian Criminal Law Is Judging From Human Rights Based on Pancasila Values. First, the Existence of the Death Penalty in Indonesian Criminal Law is still recognized, with many criminal acts which can be sentenced to death in criminal law settings in Indonesia. Second, the Pancasila view of life stems from the fact that the universe with everything in it which is a whole that is harmoniously created created by God Almighty. Nothing exists in an independent universe apart from assembling it with the contents of another universe. The values of human rights in Indonesia come from and lead to Pancasila. Human Rights have strong guarantees from the nation's philosophy, namely Pancasila. Human rights violations do not lie in the death penalty, but human rights violations occur when the execution of the death penalty is protracted, so there is no certainty when the execution will be carried out.


Keywords : Existence, Death Penalty, Indonesian Criminal Law, Human Rights, Pancasila

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 219 (0001)

Penerbit

Pekanbaru : Universitas Riau – Pasca Sarjana – Tesis Ilmu Hukum., 2019

Deskripsi Fisik

ix, 133 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 219 (0001)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PASCASARJANA (MAGISTER) ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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