Legal Literacy - This article explains the latest regulations regarding the waiting period for the execution of death row convicts as stipulated in Law Number 1 of 2023 concerning the Criminal Code.

In recent months, public attention has been focused on the premeditated murder case experienced by the late Brigadier Nofriansyah Josua Hutabarat as the victim. Ferdy Sambo, S.H, S.I.K, M.H, who played a role in ordering the other defendants to participate in this case, has been the subject of scrutiny from various parties. The Public Prosecutor charged Ferdy Sambo with Article 340 of the Criminal Code and sentenced him to death on February 13, 2023.

Explanation of the Death Penalty Execution

The death penalty is one of the principal penalties listed in Article 10 of the Criminal Code. Furthermore, the procedures for implementation are regulated in Presidential Decree Number 2 of 1964 concerning Procedures for Implementing the Death Penalty Imposed by Courts in the General and Military Justice Environment. The responsibility for carrying out the death penalty rests with the High Prosecutor or Prosecutor, while the responsibility for security and order during the execution of the death penalty rests with the Head of the Regional Police Commissariat.

Based on the above rules, the convict must be notified three times twenty-four hours before the execution, and the Prosecutor/High Prosecutor must receive information or requests from the convict before being executed. Furthermore, if the convict is pregnant, the execution will be carried out after 40 (forty) days after giving birth. The convict's counsel may be present during the execution process, either at their own request or at the convict's request. The death penalty is carried out in a simple manner unless the President stipulates otherwise.

Death Penalty Executor

The death penalty executor is a firing squad consisting of a non-commissioned officer, 12 (twelve) privates, led by an officer formed by the Head of the Regional Police Commissariat. The firing squad does not use organic weapons and is under the command of the High Prosecutor or Prosecutor until its completion. The firing squad commander uses a sword to signal the firing squad to aim at the convict's heart. If the execution has been carried out and the convict still shows signs of not having died, the firing squad commander will order the Squad's Non-Commissioned Officer to fire a final shot to the head directly above the convict's ear and may request assistance from a doctor to confirm it.