KEBERADAAN PIDANA MATI DALAM KAJIAN HAK ASASI MANUSIA BERKAITAN DENGAN TUJUAN PEMIDANAAN DI INDONESIA

The existence of death penalty in positive law of Indonesia until this time still make controversy opinion among an expert who agree with death penalty and who didn’t agree with that, with the increasing demand about protection of human rights. The group who agree with death penalty wish for death penalty still restrained on positive law of Indonesia. This opinion has been proof with still included of death penalty on some of positive law of Indonesia. The draft of KUHP (Book of Penal Law) still included death penalty as a special treatment. This is contradiction to article 28A and 28I paragraph (1) of the 1945 Constitution ,which explicity states,” The rights to life is human rights that cannot be reduced in any circumstances.” Death penalty is a form of reduction and restriction on the rights to life, based on state of 1945 Constitution. Many cases happened in Indonesia, the writer resumes that death penalty still needed on some cases, but the dropping of the death penalty must passing right procedure, selective and always obey the norm who living on community because if the procedure about dropping death penalty not been doing, it can be said that the punishment was breaking the human rights. Death penalty is not a tool to reach a goal of punishment. Death penalty also must arrange separately as a special treatment