AKIBAT HUKUM PENERAPAN ASAS RECHTERLIJK PARDON DALAM UNDANG UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG UNDANG HUKUM PIDANA (KUHP)

Panjaitan, Josua Natanael (2023) AKIBAT HUKUM PENERAPAN ASAS RECHTERLIJK PARDON DALAM UNDANG UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG UNDANG HUKUM PIDANA (KUHP). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The problem of this research is that there is a legal vacuum in the Criminal Procedure Code regarding the rechterlijk pardon principle. Even though the New Criminal Code has regulated it, if implementing the New Criminal Code without procedural regulations, it will be difficult to implement. The formulation of the problem is what are the legal consequences of applying the Rechterlijk Pardon Principle in the 2023 Criminal Code. The type of research used is normative legal research. The results of the research are the legal consequences of applying the rechterlijk pardon principle in the 2023 Criminal Code, which can be a solution to the breakthrough of the penal system in Indonesia which has undergone a transformation, which can then reduce overcrowding in prisons. The judge's pardon in the form of a judge's decision, when it is applied to the defendants by fulfilling certain conditions, the provisions for the implementation of rechterlijk pardon and not having to serve a term of imprisonment in a prison, but only enough to say in the decision of someone who has been legally and convincingly proven to have committed a certain crime, but was not sentenced to a criminal sentence in any form but the judge only pardoned the criminal act committed. With regard to the principle of rechterlijk pardon it can be considered as a doctrine. Because doctrine is a source of law which will later be used as the basis for imposing a pardon decision.

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