The Basis for the Philosophy of Legal Protection for Death Penalty Convicts Who Are Not Executed Immediately After the Verdict Becoming Legally Binding

Abstract

Fundamentally, all forms of punishment are deprivation of human rights. One of the most severe punishments in criminal justice system is death penalty which is specifically aimed at serious crime. Several mechanisms as a form of legal protection for death convicts are judicial review and clemency petitions. Problems arise due to the time difference in the waiting period, which is not limited and in some cases even reaching 20 (twenty) years. Meaning, death penalty convicts have experienced two sufferings at once (double suffering) which is certainly contrary to the principle of punishment in the context of modern criminal law. The research aim is to analyse the basis for the philosophy of legal protection for death penalty convicts who are not executed immediately after the verdict becoming legally binding. This research is a normative legal research with the approach of Law, History, Comparison, Philosophy and Cases. The legal materials used are primary, secondary and tertiary with analytical techniques using perspective analysis. The results of the study indicate that in the future there must be uniformity regarding the waiting time limit regulated in the legislation, namely a period of 10 (ten) years as a form of legal protection for death penalty convicts, so the effectiveness of the death penalty as a preventive and repressive means can be realized.