The Practice of the Death Penalty in Middle Eastern Countries Reviewed from the Perspective of International Law
), Josina Augustina Yvonne Wattimena(2), Popi Tuhulele(3)
(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Issues surrounding the application of the death law are still a topic of concern, especially in the context of its implementation. The debate continues, especially between countries that have abolished the death penalty and countries that still apply it. Those who support the death penalty argue that this step is still necessary for cases of serious crimes that threaten other individuals' human rights.
Purposes of the Research: To study and understand how the death penalty is carried out in Middle Eastern countries and also to study and understand the views of international law in minimizing the practice of the death penalty in Middle Eastern countries.
Methods of the Research: This writing uses a normative juridical research method, with the problem approaches used being the statutory approach, conceptual approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.
Results of the Research: The research results show the practice of the death penalty in Middle Eastern countries, especially Saudi Arabia, Iran and Egypt, as well as the suitability of its implementation with international legal instruments such as the ICCPR and UDHR. It found that although several countries have ratified these instruments, the practice of the death penalty often contravenes human rights principles, especially regarding the fairness of legal proceedings and the death penalty for the most serious crimes. To minimize the use of the death penalty, it is recommended that Middle Eastern countries carry out in-depth legal reforms, including abolishing the death penalty for non-serious cases and increasing dialogue with the international community to respect and protect human rights.
Keywords
DOI
10.47268/balobe.v5i1.2414
Published
2025-04-30
How To Cite
@article{balobe2414,
author = {Fahira Ode Damura and Josina Augustina Yvonne Wattimena and Popi Tuhulele},
title = {The Practice of the Death Penalty in Middle Eastern Countries Reviewed from the Perspective of International Law},
journal = {Balobe Law Journal},
volume = {5},
number = {1},
year = {2025},
keywords = {Death Penalty; Middle Eastern Countries; Internasional Law.},
abstract = {Introduction: Issues surrounding the application of the death law are still a topic of concern, especially in the context of its implementation. The debate continues, especially between countries that have abolished the death penalty and countries that still apply it. Those who support the death penalty argue that this step is still necessary for cases of serious crimes that threaten other individuals' human rights.Purposes of the Research: To study and understand how the death penalty is carried out in Middle Eastern countries and also to study and understand the views of international law in minimizing the practice of the death penalty in Middle Eastern countries.Methods of the Research: This writing uses a normative juridical research method, with the problem approaches used being the statutory approach, conceptual approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show the practice of the death penalty in Middle Eastern countries, especially Saudi Arabia, Iran and Egypt, as well as the suitability of its implementation with international legal instruments such as the ICCPR and UDHR. It found that although several countries have ratified these instruments, the practice of the death penalty often contravenes human rights principles, especially regarding the fairness of legal proceedings and the death penalty for the most serious crimes. To minimize the use of the death penalty, it is recommended that Middle Eastern countries carry out in-depth legal reforms, including abolishing the death penalty for non-serious cases and increasing dialogue with the international community to respect and protect human rights.},
issn = {2775-6149}, pages = {1--13} doi = {10.47268/balobe.v5i1.2414},
url = {https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/2414}
}
Adiladjali, “Sistem Hukum Mesir Perlu Reformasi Ujar Ahli PBB Dan Afrika Setelah Hukuman Mati Massa”, http://unic-jakarta.org/2014/05/16/sistem-hukum-mesir-perlu-reformasi-ujar-ahli-pbb-dan-afrika-setelah-hukuman-mati-massa/.
Adnan Buyung Nasution, A. Patra M. Zen, Instrument Internasioanl Pokok Hak-Hak Asasi Manusia, Jakarta: Yayasan Obor Indonesia, 2001.
Arie Siswanto, Yurisdiksi Material Mahkamah Kejahatan Internasional, Bogor: Ghalia Indonesia, 2005.
Ban Ki-moon, Sekretaris Jenderal PBB, "Hukuman mati tidak memiliki tempat di abad ke-21", 2014.
Ferdian Ananda Majni, Media Indonesia, 2023 4 Negara yang Paling Banyak Melakukan Hukuman Mati Selama 2022. https://mediaindonesia.com/internasional/581710/4-negara-yang-paling-banyak-melakukan-hukuman-mati-selama-2022.
Hikmahanto Juwana, Konsekuensi Ratifikasi ICCPR, http://www.unisosdem.org /article_detail.php?aid=5160&coid= 4&caid= 33&gid=2.
I Wayan Parthiana. "Ekstradisi dalam Hukum Internasional dan Hukum Nasional." Bandung: Penerbit Alumni, 1983.
Ibrahim Lubis, Agama Islam Suatu Pengantar, Jakarta: Ghalia Indonesia, 1982
Prihandono, Iman, Deklarasi Universal Hak Asasi Manusia, International Law Making. 4 no 1 2006.
Joseph dan B. Sarah at.al, International Covenant on civil and political Rights: Cases, Materials, and Commentary, Konrad Adenauer Stiftung: New York 2005.
Made Darma Weda, Pengecualian Asas Legalitas dalam Hukum Pidana, Jurnal Hukum dan Peradilan, 2 no. 2 2013.
Mei Susanto & Ajie Ramdan, 2017, dalam artikel berjudul "Kebijakan Moderasi Pidana Mati: Kajian Putusan Mahkamah Konstitusi Nomor 2-3/PUU-V/2007" (The Moderation Policy Of Capital Punishment: An Analysis of Constitutional Court’s Decision Number 2-3/PUU-V/2007).
Muhammad Tahir Azhary, Negara Hukum Suatu Studi tentang Prinsip-prinsipnya dilihat dari Segi Hukum Islam, Impelementasinya pada Periode Negara Madinah dan Masa Kini, Jakarta, Kencana, 2003.
Rakhmad Hidayatulloh Permana, Detik news, Arab Saudi Hukum Mati Pengkritik Pemerintah karena Postingan di Medsos. https://news.detik.com/internasional/d-6901300/arab-saudi- hukum-mati-pengkritik-pemerintah-karena-postingan-di-medsos/amp.
Tedy Nopriandi dan Risky Fany Ardhiansyah, Paradigm of Death Penalty (Comparative Study in Indonesia, Saudi Arabia and China. Lampung Journal of International Law 2, no. 1 (2020): p. 57–68
Theo Van Boven, The International System of Human Rights: An Overview in Manual on Human Rights Reporting: Under Six Major International Human Rights Instruments. Jenewa; United Nation, 1997.
Theo Van Boven, The International System of Human Rights: An Overview in Manual on Human Rights Reporting: Under Six Major International Human Rights Instruments. Jenewa; United Nation, 1997.
Wattimena Yvone Augustina Josina, Vondal Vidya Hattu. “Ketahanan Pangan Masyarakat Adat Sebagai Wujud Pemenuhan HAM Dalam Masa Pandemic Covid-19”, Sasi, 21. no. 2, 2021.
Yesmil Anwar Adang, Pembaruan Hukum Pidana: Reformasi Hukum, Jakarta: Grasindo, 2008.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | The Practice of the Death Penalty in Middle Eastern Countries Reviewed from the Perspective of International Law |
| 2. | Creator | Author's name, affiliation, country |
Fahira Ode Damura; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Josina Augustina Yvonne Wattimena; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Popi Tuhulele; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Death Penalty; Middle Eastern Countries; Internasional Law. |
| 4. | Description | Abstract | Introduction: Issues surrounding the application of the death law are still a topic of concern, especially in the context of its implementation. The debate continues, especially between countries that have abolished the death penalty and countries that still apply it. Those who support the death penalty argue that this step is still necessary for cases of serious crimes that threaten other individuals' human rights.Purposes of the Research: To study and understand how the death penalty is carried out in Middle Eastern countries and also to study and understand the views of international law in minimizing the practice of the death penalty in Middle Eastern countries.Methods of the Research: This writing uses a normative juridical research method, with the problem approaches used being the statutory approach, conceptual approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show the practice of the death penalty in Middle Eastern countries, especially Saudi Arabia, Iran and Egypt, as well as the suitability of its implementation with international legal instruments such as the ICCPR and UDHR. It found that although several countries have ratified these instruments, the practice of the death penalty often contravenes human rights principles, especially regarding the fairness of legal proceedings and the death penalty for the most serious crimes. To minimize the use of the death penalty, it is recommended that Middle Eastern countries carry out in-depth legal reforms, including abolishing the death penalty for non-serious cases and increasing dialogue with the international community to respect and protect human rights. |
| 5. | Publisher | Organizing agency, location | Fakultas Hukum Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Universitas Pattimura |
| 7. | Date | (YYYY-MM-DD) | 2025-04-30 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/2414 |
| 10. | Identifier | Digital Object Identifier | 10.47268/balobe.v5i1.2414 |
| 11. | Source | Title; vol., no. (year) | Balobe Law Journal; Volume 5 Issue 1, April 2025 |
| 12. | Language | English=en | IDR |
| 13. | Relation | Supp. Files | |
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