The Death Penalty under Indonesia’s Criminal Procedure Code: Procedural Justice and Legal Certainty

Abstract

The death penalty remains one of the most controversial sanctions in criminal justice because its irreversible nature demands the highest standards of procedural fairness and legal certainty. In Indonesia, capital punishment continues to be recognized under Law No. 1 of 2023 on the Criminal Code, while its implementation is governed by the Criminal Procedure Code, which establishes procedural safeguards intended to protect the constitutional rights of defendants throughout criminal proceedings. This study examines whether Indonesia's procedural framework provides adequate legal protection to ensure fairness and legal certainty in death penalty cases. Employing a normative legal research method through statutory, conceptual, and case approaches, the study analyzes constitutional provisions, criminal procedure legislation, judicial decisions, and legal doctrines concerning due process, procedural justice, and legal certainty. The findings indicate that although the Criminal Procedure Code guarantees fundamental procedural rightsn including legal representation, judicial review, and appellate remedies the effectiveness of these safeguards depends largely on their consistent implementation and judicial interpretation. Procedural justice cannot be achieved solely through formal compliance with statutory requirements but requires transparent evidentiary standards, independent judicial oversight, and effective protection of defendants' constitutional rights throughout the criminal process. The study concludes that strengthening procedural safeguards and ensuring consistent application of due process principles are essential to enhancing legal certainty, preventing irreversible judicial error, and reinforcing the legitimacy of capital punishment within Indonesia's criminal justice system.