The right to life is the most fundamental human right and falls under the category of non-derogable rights, which cannot be reduced under any circumstances. The death penalty is essentially a form of punishment that directly deprives an individual of the right to life. Internationally, the right to life is firmly guaranteed under the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). At the national level, Article 28I paragraph (1) of the 1945 Constitution of the Republic of Indonesia also explicitly guarantees the right to life as a non-derogable right. Nevertheless, to this day Indonesia continues to retain the death penalty within its criminal justice system, despite the fact that many countries have abandoned capital punishment in pursuit of advancing human rights.
The enactment of Law No. 1 of 2023 on the new Criminal Code (KUHP) should have served as a critical momentum for transforming Indonesia’s criminal legal framework into one that is more humane and respectful of the right to life. The new KUHP introduces the death penalty as an alternative punishment with a 10-year probation period—an important step forward that deserves appreciation. However, this reform remains insufficient if it is not accompanied by amendments to the Criminal Procedure Code that ensure the application of fair trial principles, due process of law, and comprehensive protection of the rights of death-row inmates.
