PROSPEK IMPLEMENTASI PEMAAFAN HAKIM (RECHTERLIJK PARDON) DALAM MEMUTUS TINDAK PIDANA RINGAN GUNA MENGURANGI OVER CAPACITY DI LEMBAGA PEMASYARAKATAN

Pamungkas, Rio Satria (2023) PROSPEK IMPLEMENTASI PEMAAFAN HAKIM (RECHTERLIJK PARDON) DALAM MEMUTUS TINDAK PIDANA RINGAN GUNA MENGURANGI OVER CAPACITY DI LEMBAGA PEMASYARAKATAN. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

In the Indonesian criminal law system, there are three types of judgments: acquittal, release judgement, and djudication. There have been several criminal cases whose judgment has been judged to have offended the sense of justice in society because it is judged not to be in conformity with the foundations of justice and humanity. In an effort to reform the criminal law system in Indonesia, the government has adapted a new principle of Rechterlijk Pardon contained in the Law No. 1 of 2023 on the Code of Criminal Law. In this study, the author will discuss the prospects of implementation of the Judicial Pardon as a ruling in dealing with minor offences to reduce overcapacity in the Correctional Office. This legal research uses normative research methods with data sources from primary legal material namely legal regulations and secondary legal materials from books, legal journals, research results, and the Internet. In this research, how to obtain the data by literature study the and analysing the data in a qualitative way that is in the form of descriptive-analytic. In the analysis of this study, Rechterlijk Pardon is considered to be a suitable solution for dealing with criminal offences, especially minor offences because with the Judge's Pardon then the accused who is found guilty does not need to undergo imprisonment because his fault has been pardoned by the judge. However, the most important is the synchronization of the Rechterlijk Pardon in the draft Code of Criminal Procedure to create harmonization and the article on the Judge's Pardon can be practiced in the trial. Thus, the Rechterlijk Pardon may also have a contribution to reduce Over Capacity in the Correctional Office.

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