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VOL. 12, ISSUE 2 (2026)
Judicial pardon (Rechterlijk Pardon) in the judicial system
Authors
Redy Hary Ramandana, Moh. Din, Darmawan
Abstract
The development of criminal law in Indonesia has undergone significant reform with the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP), which introduced the concept of judicial pardon (rechterlijk pardon). This provision is normatively regulated in Article 54 paragraph (2) of the Criminal Code, which grants judges the authority to withhold punishment or take any action against a defendant found guilty, taking into account the minor nature of the offense, the perpetrator's personal circumstances, and the circumstances during and after the crime, while taking into account the values of justice and humanity. The presence of this concept reflects a shift in the paradigm of criminal justice from a retributive approach to a more humanistic and restorative approach. The implementation of the judicial pardon concept still faces normative obstacles because, to date, there are no further technical regulations regarding its form, format, and application requirements, potentially leading to inconsistent criminal justice practices.
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Pages:504-510
How to cite this article:
Redy Hary Ramandana, Moh. Din, Darmawan "Judicial pardon (Rechterlijk Pardon) in the judicial system". International Journal of Law, Vol 12, Issue 2, 2026, Pages 504-510
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