The Evolution of the Politics of the Death Penalty in Indonesia: A Paradigm Shift from Colonialism toward a Conditional Humanistic Middle Ground

DOI

10.2991/978-2-38476-626-0_14How to use a DOI?

Keywords

Legal Policy; Death Penalty; Criminal Code; Human Rights

Abstract

The death penalty remains a highly contested sanction within Indonesian and international criminal law. This article examines the transformation of capital punishment policy in Indonesia from the Dutch colonial period through the adoption of Law No. 1 of 2023 concerning the Criminal Code. Indonesia faces a continuing tension between its authority to protect society from extraordinary crimes and its obligations under international human rights law, particularly the International Covenant on Civil and Political Rights (ICCPR). Using a juridical-normative method combined with a synchronic-historical approach, this study traces changes in the legal and political orientation of capital punishment. The analysis indicates a movement from a predominantly repressive and retributive colonial model toward a framework that gives greater consideration to humanitarian and corrective objectives. The 2023 Criminal Code repositions the death penalty as a special punishment that is conditional and accompanied by a ten-year probationary period. This formulation provides a normative middle position between complete abolition and unrestricted retention. Nevertheless, its practical operation depends on clear standards, consistent judicial application, and institutional coordination so that subjective assessments and irreversible miscarriages of justice can be minimized.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nugraha Ardi Setiawan
AU  - Bima Juliansyah
AU  - Rifky Daulah Anniraizi
AU  - Balqis Niswatul Hanifah
PY  - 2026
DA  - 2026/10/29
TI  - The Evolution of the Politics of the Death Penalty in Indonesia: A Paradigm Shift from Colonialism toward a Conditional Humanistic Middle Ground
BT  - Proceedings of the 3rd International Conference on Citizenship Education and Democratic Issues (ICCEDI 2026)
PB  - Atlantis Press
SP  - 119
EP  - 128
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-626-0_14
DO  - 10.2991/978-2-38476-626-0_14
ID  - Setiawan2026
ER  -