Criminal Law Policy on The Principle of Rechterlijk Pardon (Judge's Forgiveness) In the National Criminal Code Criminalization System
Journal Title: International Journal of Social Science And Human Research - Year 2025, Vol 8, Issue 01
Abstract
This study aims to determine the criminal law policy of the principle of rechterlijk pardon (forgiveness of judges) in the National Criminal Code punishment system. The formulation of the problem discussed by the researcher is how the criminal law policy of the rechterlijk pardon principle in the National Criminal Code punishment system. This research also discusses what is the urgency of the rechterlijk pardon principle in the National Criminal Code punishment system. This research includes normative legal research, with data collected based on written regulations and experts' opinions. The results of this study indicate that the criminal law policy of rechterlijk pardon formulation is in accordance with the values of the Indonesian nation based on Pancasila. The rechterlijk pardon policy as contained in Article 54 paragraph (2) of the National Criminal Code is a new breakthrough in the National Criminal Code's punishment system as well as a punishment guideline that was previously absent in the WvS Criminal Code which is still in effect. The judge is given the authority to forgive the perpetrator of a criminal offense even though the perpetrator is proven guilty. The forgiveness given by the judge is certainly a consideration of the legal objectives in the form of legal justice, legal certainty, and legal expediency.
Authors and Affiliations
Rini Fitri Octa Amelia, Nila Anesia, Hasby Muhammad Zamri, Lucky Ferdiles, S. H. , M. H
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