The prosecution and imposition of the death penalty in Indonesia remains ongoing. The issuance of the new Criminal Code certainly brings a breath of fresh air, as the death penalty in Indonesia has been changed to an alternative crime, which will take effect as of January 2, 2026. This study analyzes 2023 death penalty data on sample decision documents in the court of first instance, emphasizing legal defense. The practice of prosecution and imposition of the death penalty is not balanced with an effective defense. Meanwhile, in the criminal justice process, effective defense plays a significant role in ensuring that law enforcement institutions can present a fair and impartial trial and fulfill the rights of the defendants.
Several problems regarding legal defense include the availability of legal counsel assistance from the investigation level to the trial, the minimal quality of legal counsel’s defense, opportunities for defense through the submission of mitigating witnesses/experts that are not available optimally, the judges’deliberations pertaining to the inconsistent defense of the defendants, and several other aspects of defense that need to be considered and should be guaranteed comprehensively in the framework of the Code of Criminal Procedure. The results of the analysis of this study reveal that the defense of defendants who are prosecuted or sentenced to death is still minimal and is not guaranteed comprehensively in the criminal justice system, namely in the Code of Criminal Procedure. It is hoped that through this research, effective defense in the future can be actualized in every stage of the criminal justice process through future changes to the Code of Criminal Procedure.
I express my full gratitude to the researchers who have made optimal efforts to complete this research. In conclusion, we dedicate this research to the families of death row inmates and activists who continue to fight for the abolition of the death penalty. Hopefully, we can continue to voice a fair and balanced judiciary.
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