A Legal Analysis of Conditional Death Penalty in the New Indonesian Criminal Code

Abstract

This study examines the regulation of the conditional death penalty under Indonesia’s new Criminal Code, focusing on its legal basis, implementation mechanisms, and legal and social implications. The conditional death penalty refers to a death sentence subject to a ten-year probationary period pursuant to Articles 98–102 of Law Number 1 of 2023, as amended by Law Number 1 of 2026. This normative juridical study employs doctrinal legal analysis of relevant legislation and legal literature. The findings indicate that the death penalty is regulated as an alternative punishment of a special nature and as a measure of last resort. During the probationary period, the death sentence may not be carried out. If the convicted person demonstrates commendable conduct and behavior during this period, the death sentence may be commuted to life imprisonment by Presidential Decree after consideration by the Supreme Court. Article 101 further provides for the commutation of the death sentence to life imprisonment by Presidential Decree if the convicted person’s application for clemency has been rejected and the death sentence has not been carried out for ten years for reasons other than the convicted person’s escape. Article 102 stipulates that procedures for carrying out the death penalty must be regulated by law. The effective implementation of the conditional death penalty therefore requires a clear and coherent legal framework, objective assessment criteria, institutional readiness, and consistent enforcement to ensure legal certainty and procedural safeguards.