ANALISA YURISIDIS TERHADAP PELAKSANAAN EKSEKUSI TERPIDANA SETELAH LEWATNYA TENGGANG WAKTU DALUWARSA DALAM PUTUSAN PIDANA (Studi Kasus Silfester Matutina)

Abstract

This study examines the implementation of criminal executions against convicts based on legally binding court decisions, focusing on the legal consequences of delays in the execution of criminal sentences that have exceeded the statute of limitations. The methodological framework applied in this study is normative juridical through a statute approach and an analysis of court decisions through a case approach, specifically regarding the court decision in the name of Silvester Matutina. The results of the study indicate that criminal execution is both the authority and obligation of the state carried out by the prosecutor as the executor as regulated in the Criminal Procedure Code. However, delays in implementation after the verdict has reached final and binding status (inkracht van gewijsde) raise legal issues when linked to the statute of limitations provisions whose mechanisms have been established in the normative framework of the Criminal Code. If the delay has exceeded the statute of limitations, then the state's authority to carry out criminal sentences is nullified by law. This study concludes that delays in the enforcement of criminal sanctions not only have implications for the convict, but can fundamentally degrade the spirit of legal certainty itself and the legitimacy of the criminal justice system. Therefore, the implementation of criminal executions must be carried out in a timely manner and in accordance with the limits of authority determined by law in order to guarantee legal certainty in a state based on the rule of law.