Pemberian Masa Percobaan Pada Pidana Mati Dalam Uu No. 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana (KUHP) Perspektif Uqubah

Abstrak

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) marks a significant development in Indonesia's criminal justice system, particularly through the introduction of a probationary period for the death penalty under Article 100. This provision allows individuals sentenced to death to demonstrate remorse, rehabilitation, and good conduct during a ten-year probation period, after which the sentence may be commuted to life imprisonment if the statutory requirements are fulfilled. This study aims to analyze the legal concept of the probationary period under Article 100 of Law Number 1 of 2023 and to examine it from the perspective of uqubah in Islamic criminal law. The research employs a normative legal research method using statutory and conceptual approaches. Data were collected through library research, utilizing primary legal materials consisting of the Qur'an, the Hadith, and Law Number 1 of 2023 concerning the Indonesian Criminal Code, as well as secondary legal materials, including books, scholarly journals, and other relevant academic references. The collected data were analyzed using content analysis with a descriptive-analytical approach. The findings indicate that the probationary period for the death penalty represents a progressive reform of Indonesia's criminal law, seeking to balance legal certainty, justice, utility, and humanitarian values. From the perspective of uqubah, this policy is consistent with the principles of ta'zir because it grants judges discretionary authority to consider public welfare (maslahah) and the offender's rehabilitation in determining an appropriate sentence. Nevertheless, the probationary period cannot be applied to hudud and qisas punishments, as these categories of punishment have been explicitly prescribed by Islamic law and are therefore not subject to judicial discretion.