Roberth Kurniawan Ruslak Hammar¹
International Journal of Criminal Justice Science
The common law is considered to play an important role in influencing legal legislation and practices concerning capital punishment. In Indonesia, different principles of common law such as legality and fairness are considered during the implementation of the death penalty. The Criminal Code of Indonesia (KUHP) is still implemented in the country which promotes capital punishment for different criminal offenses including murder, drug trafficking, and terrorism. This exploratory study is conducted to determine the role of common law in the criminal justice system regarding capital punishment in Indonesia. For this purpose, the required data was collected from different primary and secondary sources including laws and regulations, case law, books, and journals. The results obtained from this study showed that the constitution of Indonesia (1945) promotes human rights, specifically “the right to life,” however, this constitution also promotes penalties for the violation of human rights, thus death penalty is a legal penalty under KUHP. In contrast, in different common law countries such as the USA, the death penalty has been abolished in its 23 states, protecting human rights. Therefore, it has been recommended that the government of Indonesia should abolish or limit capital punishment to severe criminal offenses such as murder and terrorism and the constitution must focus on the transparency of the cases which can be subjected to the death penalty to prevent human rights violation.
Keywords: Common Law; Criminal Justice System; Capital Punishment; Indonesia; Human Rights