Juridical Review of the Delay in Execution of a Criminal Decision with Final Legal Force in the Silfester Matutina Case

Abstract

A criminal court decision that has obtained permanent legal force (inkracht van gewijsde) is executed as a manifestation of the principle of legal certainty and as a concrete realization of judicial authority in Indonesia. However, complex legal and humanitarian issues arise from the practice of delaying executions since the Indonesian Criminal Procedure Code (KUHAP) does not explicitly regulate such postponement. This study analyzes the legal framework governing the postponement of the execution of criminal verdicts in the Indonesian legal system and examines its legal consequences through a case study of Silfester Matutina. The research employs a normative juridical method using both statutory and case approaches. The findings indicate that the absence of specific legal norms related to the postponement of execution results in a case-by-case application that depends largely on the discretion of law enforcement officials, particularly prosecutors who serve as executors of criminal judgments. Extraordinary circumstances, such as humanitarian considerations or the filing of extraordinary legal remedies, are the only conditions under which postponement of execution may be justified. Therefore, clearer normative regulations governing the procedures and time limits for execution postponement must be established to ensure legal certainty, justice, and the protection of human rights in the enforcement of criminal verdicts in Indonesia.