Oracle Vol. 8
Implementation of Death Penalty Pros and Cons: Dilemma Between The Nationality Principle and Human Rights
By: Gladys Azalia Christi and Nur Intan Zahrotul M.
Jurisdiction is usually closely linked to the territorial borders of a country. The territorial principle is the strongest internationally recognized basis for the application of jurisdiction. The need for countries to cooperate in eradicating crime in practice gives rise to various grounds for the application of extraterritorial jurisdiction, one of which is the application of jurisdiction based on citizenship or the active national principle.
Indonesia still applies the death penalty. However, a country’s interest in protecting its citizens becomes more complex when active national jurisdiction is applied in Indonesia. Therefore, there is a possibility that countries that do not support the death penalty will refuse to cooperate with Indonesia in providing evidence during the trial, believing that the evidence will impose the death penalty.
This oracle will focus its discussion on the provisions regarding the nationality principle’s implementation in positive law in Indonesia.
You can now access the full article on this link below:
ilsauns.org/publications
Best regards,
ILSA Chapter UNS
Peace and Justice!
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