Kebijakan Moderasi Pidana Mati dalam RUU KUHP Perspektif Nilai-Nilai Pancasila

Abstract

This study aims to answer whether or not the death penalty policy in the Draft of the Criminal Code is in accordance with the values of Pancasila. The use of Pancasila as a touchstone because it is a legal ideal and at the same time the Fundamental Norms of the Republic of Indonesia. Every existing norm must be sourced from the norms above it until it finally stops at the state’s fundamental norms. If there is a norm that does not originate from the above norm, then the norm is said to be invalid. This research includes doctrinal research with a statutory approach, a conceptual approach and a philosophical approach. The results of the study show that the death penalty policy contained in the Draft of the Criminal Code does not conflict with the values of Pancasila. The basis of the policy is to channel the public’s desire for revenge through legal channels; avoid extra legal executions; seek justice; create a deterrent effect; and as an effort to protect the right to life of many people. All of this is in line with the values of Pancasila.