RELEVANSI PENGGABUNGAN PANDANGAN RETENSIONIS DAN ABOLISIONIS TERHADAP PENGATURAN PIDANA MATI DALAM KUHP NASIONAL DITINJAU DARI PRINSIP KEADILAN

This study examines the relevance of combining retentionist and abolitionist viewpoints in regulating capital punishment as stipulated in the National Criminal Code (Law No. 1 of 2023), reviewed from the perspective of the principle of justice. The object of the study focuses on the concept of conditional capital punishment as a form of legislative compromise in responding to the dilemma between the need for firm law enforcement and the demand for the protection of human rights. The research aims to analyze the philosophical and juridical foundations of merging these two perspectives, assess their compatibility with corrective, restorative, and rehabilitative justice, as well as justice based on Pancasila, and examine their implications for the direction of modern criminal policy in Indonesia. The study employs a normative juridical method using statutory, conceptual, and comparative approaches through an analysis of provisions in the new Criminal Code, the former Criminal Code, legal doctrines, and literature related to capital punishment. The findings show that conditional capital punishment in the National Criminal Code represents a compromise mechanism that seeks to balance public protection and respect for human dignity, although its regulation still leaves issues of legal certainty and the potential for inconsistent application. In conclusion, the integration of retentionist and abolitionist perspectives is relevant to the principle of justice, provided that it is supported by clear sentencing guidelines. This study recommends that the government formulate more detailed implementing regulations, law enforcement authorities enhance consistency in applying conditional capital punishment, and conduct periodic evaluations to ensure that the policy remains aligned with the objectives of modern criminal sentencing.