ANALISIS PENJATUHAN PIDANA MATI DALAM KASUS NARKOTIKA DI TINJAU DARI HAK HIDUP (STUDI TERHADAP PUTUSN NOMOR 821/PID.SUS/2022/PN.SBY)

The death penalty is the most severe criminal sanction still applied in Indonesia, especially in drug crime cases which are categorized as extraordinary crimes. This study examines the effectiveness of the application of the death penalty in case No. 821/Pid.Sus/2022/PN Sby at the Surabaya District Court, and assesses its consistency with human rights principles, especially the right to life. This study uses a normative legal method with a statutory approach to analyze the legal basis and considerations of judges in imposing the death penalty. The findings show that Decision No. 821/Pid.Sus/2022/PN Sby imposed the death penalty for possession of 43.411 kg of narcotics as a form of law enforcement against extraordinary crimes. Although constitutionally valid, this decision has drawn debate because it risks violating the right to life and is considered not necessarily to fulfill the principle of substantive justice. Therefore, this study emphasizes the need to evaluate the application of the death penalty in the context of national and international law, as well as the importance of exploring alternative policies that are more in line with human rights principles