The Riau Society’s Understanding and Philosophical Basis of Law on the Implementation of the Death Penalty

DOI

10.2991/icils-18.2018.11How to use a DOI?

Keywords

society understanding, philosophical foundation, constructivism paradigm

Abstract

The implementation of juridical death penalty has been regulated in law no. 2 year 1964; about the procedures of criminal implementation dropped by courts within the General and Military courts. In reality the implementation of law on the implementation of death penalty is still disputed. The debate over the existence and execution of death penalty has been linked to the human right, the effectiveness and the purpose of persecution. The different understanding of society will be predicted to continuously take place. The only and likely way to resolve the distinctive point of view is to review as well as put all of this issue into the realm of legal philosophy, especially in the paradigmatic study. Research Strategy: this research uses empirical law research strategy. Data Collection and Analysis Methods: The types of data required in this study are primary data and secondary data. Primary data is sourced from the elements of society which is determined purposively. Primary data collection, conducted through questionnaire dissemination, in-depth interview and focus group discussion (FGD). Subsequently the data is interpreted in accordance with the hermeneutical methodology in the constructivism paradigm. Through the constructivism with ontology, epistemology and methodology, it can answer the community’s understanding and philosophical basis of legislation on the implementation of the death penalty, as well as the dynamics of its relation in Riau province Indonesia. This study is expected to contribute the improvement of the deadly criminal code in the future.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - R. Mukhlis
PY  - 2018/07
DA  - 2018/07
TI  - The Riau Society’s Understanding and Philosophical Basis of Law on the Implementation of the Death Penalty
BT  - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
PB  - Atlantis Press
SP  - 59
EP  - 64
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-18.2018.11
DO  - 10.2991/icils-18.2018.11
ID  - Mukhlis2018/07
ER  -