PERSEPSI HAKIM TERHADAP ANCAMAN PIDANA MATI DALAM HUKUM PIDANA INDONESIA (Studi: Pengadilan Negeri Klas IA Padang)

Abstract

ABSTRAK

Implementing in law enforcement efforts have been made to combat the criminal offense of society. One of them by imposing criminal sanctions against the perpetrators contained in Article 10 of the Criminal Code. In the Criminal Code of crimes punishable by the death penalty is a crime that is considered very severe. The application of the death penalty raises debate going on regarding the death penalty are referring to the philosophical framework used. Formulation of the problem: (1) How is the perception of the judge to sentence of death in Indonesia criminal law ?. (2) How does the perception of the judge on the death penalty in Indonesia settings in the Draft Bill ?. Research using socio legal research. Data sources include primary data and secondary data. The technique of data collection is interviews and document study. Data were analyzed qualitatively. Results: (1) Perceptions of judges against a sentence of death in Indonesia criminal law that the application of the death penalty can be carried out because of the destination including criminal prosecution. (2) The perception of the judge on the death penalty in Indonesia regulation in the Draft Penal Code that the judges agreed the death penalty because the death penalty in the draft Criminal Code included in the main criminal that is an alternative.

Keywords: Perception, Judge, Criminal, Dead