TINJAUAN YURIDIS PIDANA MATI TERHADAP TINDAK PIDANA TERORISME PERSFEKTIF HAK ASASI MANUSIA

Abstract

Criminal law is the norms that contain the necessities and prohibitions which the legislators form
have been associated with a sanction in the form of punishment, namely a special suffering. Criminal is a
sentence imposed on someone who is proven legally and convincingly commits a crime. In evidence often
interpreted as an effort to foster his personality in accordance with the values in society and culture. The death
penalty is considered as a punishment that makes a deterrent effect for a crime. In Human Rights a set of rights
that are inherent in the nature and existence of human beings as the supreme godhead and are a gift that must
be respected, at the highest end and protected by the State, law and government, and every person for honor
and protection of dignity human. Based on this understanding the writer of this thesis formulates two
formulations of the problem, namely: first, What are the views and perspectives of criminal law and human
rights in Indonesia on the implementation of capitalism perpetrators of terrorism, Second What is the basis for
considering justifiers of criminal sanctions against terrorism.
In the results of the problem research there are two main things that can be concluded. First, the
contradictory view of the application of the death penalty (abolitionist) in Indonesia. Meanwhile, the view that
is pro-retentionist assumes that capital punishment must still be maintained and applied only to extraordinary
crime such as terrorism, to applied by this group considers that the death penalty will provide a deterrent
effect, so that it will prevent the recurrence of similar crimes by other people. See again from the view of
human rights. The two basic considerations for justifying the death of law for terrorism are three, in terms of
sociological, ideological, philosophical juridical.
Keywords: Crime, Views of Death Penalty, Terrorism, Human Rights