STUDI PERBANDINGAN PIDANA MATI DALAM PENAL CODE NEGARA-NEGARA ASEAN (INDONESIA, MALAYSIA, SINGAPURA, VIETNAM, MYANMAR, THAILAND, LAOS, DAN BRUNEI DARUSSALAM)

Abstract

ndonesia, Malaysia, Singapore, Vietnam, Myanmar, Thailand, Laos, and Brunei Darussalam are ASEAN countries that still maintain death penalty in Penal Code as one of the sanctions to punish criminals. This research focuses on the comparative analysis of differences and similarities of death penalty stelsel in Penal Code of Indonesia, Malaysia, Singapore, Vietnam, Myanmar, Thailand, Laos, and Brunei Darussalam. The type of research used is normative juridical, the approach used is the approach of legislation and comparative law; the data used is secondary data in the form of primary, secondary, and tertiary legal materials collected by document study; the data collected is analysed deductively. The results showed that the differences found regarding the death penalty stelsel include the types of crimes punishable by death, the way of formulation of death penalty, the limit of death penalty, the method of death execution, as well as the reduction, addition, and exclusion of death penalty, while the similarities found are that death penalty is agreed as a type of punishment with the highest hierarchy as the most extreme punishment and illustrates a harsh approach to law enforcement compared to other types of punishment, and is threatened in three types of formulation, namely single, alternative, and cumulative.