The reform of criminal law under Law Number 1 of 2023 on the Indonesian Penal Code (KUHP) as the new material criminal law introduces the concept of Judicial Pardon or Rechterlijk Pardon. This reform allows for the possibility of a guilty verdict without the imposition of a criminal sentence in the Indonesian Penal Code. The central issues addressed in this study are: (1) What are the aims and conceptual foundations of Judicial Pardon or Rechterlijk Pardon? and (2) How is the concept regulated under Law Number 1 of 2023 on the Penal Code, Law Number 8 of 1981 on the Criminal Procedure Code (KUHAP), and the 2012 Draft Criminal Procedure Code (RKUHAP)? This study employs a normative juridical method, using both the statute approach and the comparative approach. The research is based on secondary data, gathered through library research, and analyzed qualitatively. The criminal law reform through Law Number 1 of 2023 introduces Judicial Pardon or Rechterlijk Pardon as an alternative consideration for judges, allowing them to refrain from imposing a sentence while still upholding the principles of justice and humanity. However, this reform in the concept has yet to be accommodated within Indonesia’s formal criminal law, as reflected in the Criminal Procedure Code of 1981 and the 2012 Draft Criminal Procedure Code. These codes currently do not recognize Judicial Pardon as a valid form of judgment—that is, a decision wherein a defendant is proven guilty beyond reasonable doubt but is not punished due to judicial clemency. Therefore, harmonization and adjustment are needed to ensure consistency in the application of Judicial Pardon or Rechterlijk Pardon within both material and formal criminal law systems, contributing to a more coherent and unified criminal justice system in Indonesia.
Hasbullah Hasbullah (Tue,) studied this question.
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