pdf REFORM OF THE DEATH PENALTY IN THE 2023 CRIMINAL CODE: A COMPARATIVE LEGAL STUDY BETWEEN THE CIVIL AND MILITARY PENAL SYSTEMS

Abstract

The reform of Indonesia’s criminal law through the 2023 Criminal Code (KUHP 2023) fundamentally transforms the legal position of the death penalty. Previously classified as a principal punishment with final and absolute characteristics, the death penalty is now designated as a special sanction imposed only as an alternative. Article 100 of KUHP 2023 introduces a conditional death penalty mechanism with a ten-year probation period, marking a systemic shift in the penal paradigm within both the general judiciary and the military justice system. This article provides an in-depth examination of this transformation through a normative juridical approach and a comparative analysis of the two criminal law regimes, each possessing distinct characteristics. The study finds that although the conditional death penalty offers space for the humanization of punishment, significant challenges remain in synchronizing norms between the KUHP, the Military Criminal Code (KUHPM), and the Military Court Law. Differences in sentencing objectives, institutional structures, command-based discretionary authority, and evaluative indicators of commendable behavior create both conceptual and practical obstacles. Without regulatory harmonization and strict evaluative guidelines, the conditional death penalty mechanism risks generating legal uncertainty across these judicial environments. The findings of this study are expected to serve as a substantial reference for policymakers, academics, and legal practitioners in overseeing the consistent and equitable implementation of KUHP 2023.