Law No. 1 of 2023 on the new Indonesian Criminal Code is a significant achievement in Indonesia's criminal law reform. One of the key aspects is the regulation of the death penalty, which can only be imposed based on a final and binding court decision. The 2023 Criminal Code classifies the death penalty as a special punishment and a last resort (ultimum remedium). A significant innovation is the 10-year probation period for death row inmates, which provides an opportunity to demonstrate remorse and behavioral change. This policy reflects a balance between the enforcement of justice and respect for human values and rehabilitation. Thus, the death penalty serves not only as a repressive sanction but also as a rehabilitative mechanism that safeguards the interests of society in an optimal manner.
Mubarok et al. (Fri,) studied this question.