Yustisia
Vol 10, No 3: December 2021

Judicial Pardon in Update of the Criminal System Against Middle Crimes

Sagung Putri M.E. Purwani (Faculty of Law Udayana University)
Putu Mery Lusyana Dewi (Faculty of Law, Universitas Udayana)



Article Info

Publish Date
20 Sep 2022

Abstract

Judicial pardon is a concept of punishment in which a defendant is proven guilty but is not sentenced by judges. It is not explicitly regulated in the Criminal Code in Indonesia. Therefore, it is important to examine the concept, specifically in the event of the renewal of criminal law toward minor offenses. This research aimed to determine the concept of judicial pardon in reforming the criminal system for minor offenses and its ideal setting in the future. This normative legal research was conducted with a  statutory,  a  concept,  a  comparative,  and  a  case  approach. The results indicated that the concept of judicial pardon in the renewal of the criminal system could be an alternative judges’ decision on minor offenses. Philosophically, it is under the values of the 1945 Constitution of Indonesia, and sociologically, it is a response to many public criticisms of law enforcement against a minor criminal offense that is considered unfair. Juridically, the rationale or basis for this concept can be found in the Law on Judicial Power, where judges are obliged to dig, follow, and understand the legal values and the sense of justice in society. The ideal judicial pardon arrangement in Indonesian criminal law should be considered with several provisions regarding crime severity limitation and further provisions after being granted a pardon.

Copyrights © 2021






Journal Info

Abbrev

Yustisia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, ...