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

Abstract

The death penalty remains one of the most debated sanctions in Indonesia's criminal justice system, particularly regarding the procedural safeguards required to ensure fairness and legal certainty in its implementation. Although the Indonesian Criminal Procedure Code (KUHAP) establishes fundamental guarantees of due process, concerns persist over whether existing procedural mechanisms provide adequate protection for defendants facing the irreversible punishment of death. This study examines the extent to which Indonesia's criminal procedure framework upholds procedural justice in capital cases and evaluates its contribution to legal certainty within the administration of criminal law. Employing a normative legal research method through statutory, conceptual, and case approaches, the study analyzes the Indonesian Criminal Procedure Code, the Criminal Code (Law No. 1 of 2023), relevant Constitutional Court decisions, and international human rights principles concerning fair trial guarantees. The findings indicate that procedural justice in death penalty cases depends not only on strict compliance with procedural requirements but also on the consistent protection of defendants' constitutional rights throughout investigation, prosecution, trial, appeal, and execution. The study concludes that strengthening procedural safeguards, ensuring judicial consistency, and harmonizing criminal procedure with constitutional and human rights standards are essential to achieving greater legal certainty and legitimacy in the application of the death penalty in Indonesia.