Pidana Mati Dalam Perspektif Hukum Internasional
Abstract: No other subjects in
penology and criminal law could ignite such a prolonged debate as the subject
of death penalty. While in practice this kind of punishment has been implied on
criminals as long as the history of mankind, death penalty has divided people
sharply into two different sides. Morality, human rights, religious norms are
common reasons upon which the opponents of capital punishment rest their
arguments. However, similar reasons, differently interpreted, are also central
to the proponents of the death penalty. This paper focuses on how international
law views this hot debated issue. Instead of providing a clear cut opposition
to death penalty, the International Covenant on Civil and Political Rights
(ICCPR), --as a consequence of its political character--, provides indistinct
attitude toward the (il)legitimacy of the death penalty. On the other side,
international law documents issued in more recent years, clearly reflect
inauspicious position on capital punishment. The Rome Statute as well as the
ICTY and ICTR statutes noticeably specify a term of life imprisonment as the
most severe penalty, applicable for the perpetrator of even the most severe
evil actions against humanity.
Keywords: Death Penalty,
Human Rights, International Law
Penulis: Siswanto, Arie
Kode Jurnal: jphukumdd090093
