House Agrees with Indonesian Govt to Maintain Death Penalty in Criminal Code

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April 13, 2025 | 10:59 am

TEMPO.CO, Jakarta - Member of the Indonesian House of Representatives (DPR) Commission III, Hasbiallah Ilyas, approves the Indonesian government's decision to maintain the provision of the death penalty. This clause is known to be stipulated in the new Indonesian Penal Code (KUHP).

"In principle, we agree to maintain the clause of the death penalty in the Indonesian Penal Code," said Hasbiallah when contacted by Tempo via messaging application on Friday, April 11, 2025.

He also welcomes the new provision in the implementation of the death penalty, which is the 10-year probation period. According to Hasbiallah, this proposal opens the chance for death row convicts to avoid execution.

"The 10-year probation sentence opens the opportunity for death row convicts to receive a commutation to a life sentence," said the PKB politician.

Hasbiallah himself stated that the Commission III is ready to discuss the derivative regulations of the Indonesian Penal Code. This includes further arrangements regarding the provision of the death penalty.

"We are ready to discuss with the government to produce the best formula that is just for all parties in the implementation of this death penalty procedure," he said.

Prior to this, Coordinating Minister for Legal Affairs, Human Rights, Immigration, and Law Yusril Ihza Mahendra reiterated that the regulations regarding the death penalty in the Indonesian Penal Code will not be abolished. These provisions will continue to be applied as specific criminal sanctions.

"Substantially, the provisions regarding the death penalty as a special punishment have been clearly formulated in Article 64 letter C as well as articles 67 and 68 of the Indonesian Penal Code," said Yusril in his written statement as cited by Tempo on Thursday, April 10, 2025.

Yusril also explained that the imposition of the death penalty by a judge must be applied as an alternative punishment. Furthermore, the death penalty cannot be applied immediately even if it has been decided by the court.

Death row convicts still have the opportunity to appeal for clemency to the president. Articles 99 and 100 of the Indonesian Penal Code provide the judge with the authority to impose the death penalty with a 10-year probation period. "If during that period the convict shows remorse and a change in behavior, the president can convert the death penalty to a life imprisonment sentence," said Yusril.

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