ANALISIS YURIDIS EKSEKUSI PUTUSAN PIDANA MATI FERDY SAMBO DIKAITKAN DENGAN UNDANGUNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP

The ratification of the Criminal Code Bill as Law Number 1 of 2023 concerning the
Criminal Code has carved out a new chapter in the history of Indonesian criminal
law. This new Criminal Code presents substantial changes in various aspects of
criminal law, especially regulations regarding the death penalty as stated in Article
100 paragraph (1) of the new Criminal Code, namely that judges can impose the
death penalty with a probation period of 10 years. This change is the basis for further
examining the case of Ferdy Sambo who was found guilty of murder and sentenced to
death by decision of the South Jakarta court with case number 796/Pid.B/2022/PN
JKT. The changes in the new Criminal Code raise interesting questions about how to
execute Ferdy Sambo's death penalty decision considering the existence of the
transitory principle as stated in Article 1 paragraph (2) of the Criminal Code. This
research uses a normative juridical method which focuses on searching secondary
legal sources, including library references and legislation. The findings of this
research reveal that changes to the death penalty regulations in the new Criminal
Code are more favorable to Ferdy Sambo. Thus, it can be concluded that Ferdy
Sambo has the opportunity not to be executed because he has the right to choose
which law is more profitable for him, as the transitory principle is still recognized,
both in the old and the new Criminal Code.

Keywords: Ferdy Sambo Death Penalty Decision, New Criminal Code,
Transitional Principle.