| dc.description.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 | en_US |
