The Definition of Life Imprisonment

PERTANYAAN

I have a question about life imprisonment. What is life imprisonment? There are many versions regarding life imprisonment. The first version, life imprisonment is a sentence imposed by a judge in which the length of the sentence depends on the age of the convict. For example, if a person committed a crime and was sentenced to life imprisonment, and at the time of sentencing, the convict was 21 years old, so the life imprisonment sentence would be 21 years.

The second version, life imprisonment is a sentence that is imposed and must be served as long as the person is alive, i.e. he/she continues to be in prison without any such period or you could say that until the person passes away, he/she continues to be in prison. Which one is correct? What are the legal basis and regulations regarding the explanation of the life sentence?

INTISARI JAWABAN

Life imprisonment is one of two variants of imprisonment in the Criminal Code. Life imprisonment does not mean that the convict is imprisoned for a period of time equal to his/her age at the time the verdict was handed down, but life imprisonment means imprisonment for as long as the convict is still alive until he/she passes away. What is the legal basis?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Arti Pidana Penjara Seumur Hidup which was written by Bernadetha Aurelia Oktavira, S.H. and was published on Friday, 20 January 2023.

This article below is a second update of the article entitled Life Sentence (Pidana Seumur Hidup) which was written by Shanti Rachmadsyah, S.H. and was first published on Thursday, 24 June 2010, and was first updated on Monday, 24 January 2022.

This article is written according to the previous Indonesian Criminal Code and Law 1/2023 on the Criminal Code, which was promulgated on 2 January 2023.

All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

The Definition of Life Imprisonment

In order to answer your question about life imprisonment, we will refer to the previous Criminal Code, which is still applicable at the time this article was published, as well as the new Criminal Code, Law 1/2023, which will entry into force in 2026.[1]

Article 12 Criminal Code	Article 68 Law 1/2023
Imprisonment is for life or for a certain period.	Imprisonment is imposed for life or for a certain period.
Imprisonment for a certain period is a minimum of 1 day and a maximum of 15 years in a row.	2. Imprisonment for a certain period is imposed for a maximum of 15 consecutive years or for a minimum of 1 day, unless a specific minimum is determined.
Imprisonment for a certain period may be imposed for 20 consecutive years in terms of crimes for which the judge may choose between the death penalty, life imprisonment, and imprisonment for a certain period, or between life imprisonment and imprisonment for a certain period.	3. In the event that there is a choice between the capital punishment and life imprisonment or there is an aggravation for a crime sentenced with imprisonment for 15 years, imprisonment for a certain period may be imposed for a period of 20 (twenty) consecutive years.
Imprisonment for a certain period may not exceed 20 years.	4. Imprisonment for a certain period may not be imposed for more than 20 years.

From the abovementioned provisions, it can be concluded that life imprisonment is imprisonment for as long as the convict is still alive until his/her death. This provision simultaneously rejects the opinion that life imprisonment is a term of imprisonment that is served during the age of the convict at the time the verdict is handed down.

Misinterpretation of Life Imprisonment

Life imprisonment is often misinterpreted. The most common misinterpretation is to assume that life imprisonment means imprisonment in accordance with the age of the convict when the verdict is handed down.

In order to make it easier to understand the definition of life imprisonment, as an example, if a person is sentenced to life imprisonment when he/she is 21 years old, and if it is based on the opinion that what is meant by 'lifetime' is equal to the sum of the ages of the convict. Then, when the verdict is handed down, the person concerned will serve a prison sentence of 21 years. This certainly violates the provisions of Article 12 Section (4) Criminal Code and Article 68 Section (4) Law 1/2023, where the length of the sentence served by the convict exceeds the maximum limit of 20 years.

As another example, based on the same opinion, if a convict is sentenced to life imprisonment when he is 18 years old, it means that the convict is sentenced to imprisonment for 18 years. This of course will lead to confusion, namely, why didn’t the judge immediately sentence the convict to 18 years in prison, for it is still allowed under the Criminal Code?

From the description above, it can be concluded that the legal basis, as well as the logic of thinking, is that the meaning of life imprisonment is imprisonment as long as the convict is still alive, and his/her sentence will only end when he/she passes away.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Indonesian Criminal Code;
2. Law Number 1 of 2023 on the Criminal Code.

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[1] Article 624 Law Number 1 of 2023 on the Criminal Code (“Law 1/2023”).