MASA PEROCBAAN SEBELUM EKSEKUSI HUKUMAN MATI: TINJAUAN YURIDIS PASAL 100 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code) is one
of the milestones that Indonesia has succeeded in reaching today. This is based on
the fact that Indonesia finally managed to get out of the grip of the colonial criminal
law system. However, the provisions of the New Criminal Code turn out to have
several polemics or problems that are very vulnerable if practiced will make the
law transactional. The problem began with a paradigm shift regarding the
regulation of the death penalty which was previously included in the category of
principal crimes and in the provisions of the New Criminal Code, the death penalty
was shifted to an alternative crime. As a consequence of this alternative crime, the
New Criminal Code regulates the provisions on a probation period of 10 years as
contained in Article 100 of the New Criminal Code. This research was conducted
with a juridical-normative methodology. The research is then strengthened by
approach methods such as conceptual approach and statute approach, then
supported by a comparative approach. Through this research, several conclusions
were made, such as a shift in the provisions of the death penalty which was
originally the main penalty to an alternative penalty caused by a way of
"compromise" for those who agree and disagree with the death penalty. The
existence of Article 100 of the New Criminal Code turns out to have the potential
to make the law transactional.