Download Legislative Policy of Dead Penalty on Pregnant and Breast

Legislative Policy of Dead Penalty on
Pregnant and Breast-feeding Women
Submit by humas3on August 11, 2010| Comment(s) : 1| View : 4533
Dr. Rodliyati, SH, MH
The position of women in society has a role as important as men; there are only specific
things in women. Such matters relating to the nature of women as the mothers that will give
birth to children. Both positions in front of the law are essentially the same, but the law
protection and patronage of women as the criminal, especially pregnant and breast-feeding
women, cannot be generalized to men. Rodliyah expressed it as her dissertation's
background entitled "Legislative Policy Implementation of Dead Penalty on Pregnant and
Breast-feeding Women". Promovenda open court was held on Saturday (7 / 8) in the new
building of Faculty of Law (FH-UB). The involved commission promoter in this open
examinations includes Prof. Dr. Sadhi Made Astuti, SH (promotor), Prof. Masruchin Ruba'i,
SH, MS (co-promotor) and Prof. Dr. Koesno Adi, SH, MS (co-promoter). While the team of
examiners who are involved, Prof. Dr. I Nyoman Nurjaya, SH, MH; Prof. Dr. Lot Tohir, M. Ag;
Dr. Hj. Sarwirini, SH, MS and Dr. Sumiyanto, SH, MH.
Rodliyah reveals further that the norms regarding to the implementation of death penalty on
pregnant and breast-feeding women, have not been regulated in Criminal Codes (KUHP).
"This shows that there has been a legal void in Criminal Codes, although outside the
Criminal Code such as Act No. 2/Pnps/1964 has set it, but did not reflect the sense of
justice, humanity, and protection against child conception and birth", she said.
Rodliyati research has three main objectives i.e., to identify, to understand and to analyze
the historical and philosophical aspects of the implementation of capital punishment in
Indonesia; identify, understand and analyze the specificity of the provisions implementation
of capital punishment against pregnant and breast-feeding women in law and to identify,
analyze and formulate legislative policies regarding death penalty on pregnant and
breast-feeding women future law.
As a normative legal research, Rodliyati completed her dissertation by researching library
materials, which is also known as secondary data and legal research library. Therefore, the
used approach is the approach of legislation, historical approach, the conceptual approach
and a comparative approach.
 
Dead Penalty
Based on article 10th of Criminal Code, according to Rodliyati dead sentence is still applied
in Indonesia against serious crimes such as treason, drug trafficking, planned murder,
corruption and terrorism. "From the history, the death penalty has existed since the
existence of customary law", she said. Then during Dutch colonial, it imposed WvSI since
1918 although in Netherlands it was removed in 1870. After independence, based on Act
No. 1 Year 1946, Criminal Code is used, while the implementation of death penalty set up in
Act No. 2/Pnps/1984 which concerns the Implementation of Dead Penalty in General Courts
and Military.
Based on international regulations, for example UDHR and ICCPR, Rodliyati added, the
implementation of death penalty on pregnant and breast-feeding women are not applied.
While at retention countries, they give special treatment by delaying and negationing.
For the law in Indonesia, she explained that the implementation of dead penalty on pregnant
and breast-feeding women are explained in article 7th of Act  number 2 Pnps/1964, the
execution will be delayed 40 days after the birth. "Thus, it is clear that the provisions about
the implementation of death penalty on pregnant and breast-feeding women in Indonesia do
not refer to international law, the deadline for implementation is very minimal compared to
other countries and Islamic law, so it does not reflect the sense of justice", she said.
Therefore, in her dissertation, Rodliyati asked renewal (legal reform) concept for the future
(ius contituendum) on setting the norms of delay implementation of death penalty on
pregnant and breast-feeding women. The concept of renewal is based on the juridical basis
of such international requirements, provisions in some countries, Islamic law and the Draft of
Criminal Code year 2008 of Article 88, the theory of justice according to John Rewis, feminist
law, responsive law, punishment theory, Human Rights and the philosophy of Pancasila.
Concepts which it presents in the framework of criminal law reform and are listed in the
Penal Code in the future is "Implementation of the death penalty on pregnant and
breast-feeding women can only be implemented after 12 years of children's age. If within the
period of postponement she feels guilty and realized her mistakes, has good behavior and
repent, then death penalty is not implemented. "
After defending her dissertation, Rodliyati is proper to get her Doctoral Degree with cum
laude in three-years of study period and 3.93 GPA. [Nok/aGw]