Rechterlijk Pardon (Pemaafan Hakim) dalam Kitab Undang-Undang Hukum Pidana di Sistem Pemidanaan Indonesia

Abstract

The judge's pardon (rechterlijke pardon) is to give the judge the authority to forgive someone who is guilty of a minor crime before the decision is made. This research aims to find out more about the regulation of the judge's pardon system (rechterlijk pardon) in the Indonesian Criminal Code and comparison with existing laws in other countries, the urgency of the judge's pardon (rechterlijk pardon) needs to be included in the criminal law code (KUHP). which is new, criminal acts that are resolved by pardoning the judge (rechterlijk pardon). The method used in writing the thesis is a normative juridical research method which is descriptive analysis in nature. The theory used is comparative law theory, judge pardon theory, law enforcement theory. The research data source used is secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques and tools used were library research and document research. Data analysis in this study used qualitative data analysis methods. The results of the study found that the judge's pardon (rechterlijk pardon) which has been included in Article 54 paragraph (2) of the new Criminal Code (KUHP), the judge's pardon arrangement (recterlijk pardon) in Indonesia as well as several European countries such as Greece, Portugal , the Netherlands has advantages and disadvantages in each of its laws regarding the forgiveness of judges (recterlijk pardon). Forgiveness of judges (recterlijk pardon), which is seen in historical history, only then a concept emerged to create, then forgiveness of judges (rechterlijk pardon) as a safety valve/valve (veiligheids-klep) in sentencing in the Indonesian penal system for perpetrators of minor crimes. Types of crimes that are resolved by pardoning judges (rechterlijk pardon), which have been regulated in Article 70 of the new Criminal Code, the form and structure of implementing the pardon of judges (rechterlijk pardon) have been linked according to the new Criminal Code and the Criminal Procedure Code will be aligned for the creation of a just law