The conditional death penalty in Indonesia is imposed using the principle of balance as a limit of tolerance and legitimacy which originates from the Pancasila Ideology, the 1945 Constitution of the Republic of Indonesia, Human Rights and Human Obligations as well as general legal principles recognized by civilized nations. For this reason, it is necessary to carry out more in-depth research regarding the conditional death penalty from the perspective of criminal law and human rights. The research method used is a normative legal method, namely in the form of library research using a statutory approach and a conceptual approach. The aim of the research is to find out how the concept of conditional death penalty is in view of criminal law and human rights. The results of this research are that the conditional death penalty which will later apply in Indonesia with the existence of the Criminal Code has taken a middle path or what is called the Indonesian way between retentionist and abolitionist groups which is very appropriate. Philosophical and sociological interpretation, especially of article 28 A and article 28 J of the 1945 Constitution of the Republic of Indonesia, where these two articles are certainly not intended to protect perpetrators of criminal acts that have endangered and reduced the right to life of other people, society and other individuals who are victims the criminal act. The conclusion is that the conditional death penalty which has very strict procedures for imposing it is regulated in the criminal law (KUHP) does not conflict with human rights because it only exists de jure and does not exist de facto.
Authors: Ancho Charmaine Angela , Bosito Romel R. , Buan Emmanuel , Guitba Jennifer , Moyao Warren G. , Dean Ramos Danschiel Genre , Sibug Reginald 
Published: August 2024

Disasters and emergencies are unpredictable events with the potential of causing property damage and loss of life. Rescuers, as the first responders, play a vital role in mitigating the effects and impacts of such crises. This qualitative descriptive study aims to investigate the psychological experiences of Local Disaster Risk Reduction Management Office (LDRRMO) rescuers during disaster and emergency operations. Additionally, it explores the coping mechanisms used by these rescuers to manage their mental well-being. This study employed a qualitative descriptive design to gain in-depth understanding of the specific situations and events encountered by rescuers during their deployments. Five LDRRMO rescuers with a minimum of ten years of experience, purposefully selected from municipalities in Luzon (Ilocos Sur, Santiago City, and Echague, Isabela), participated in the study. Their extensive experience ensured they were experts in the field. Unstructured interview guides were used to gather detailed information about their experiences and coping mechanisms. The study revealed that the psychological experiences of LDRRMO rescuers involved in disaster and emergency operations encompass a range of emotions. These include emotional distress and empathy arising from witnessing injuries and loss of life among victims. Interestingly, the findings also highlight the role of preparedness training in empowering rescuers to manage these challenging situations. Additionally, the study identified seeking support from friends and loved ones as a key coping mechanism employed by the participants. These findings emphasize the importance of mental health support for LDRRMO rescuers. It ensures they are well-equipped to handle the psychological demands of their profession while maintaining their well-being.