The mechanism for implementing judicial pardon in the criminal justice system in Indonesia: Comparative study with various countries)

Abstract

Background: This study discusses the mechanism of implementing judicial pardon in the criminal justice system in Indonesia with the legal basis of Law Number 1 of 2023 concerning the Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP 2023). Although it has been regulated in the 2023 Criminal Code, this concept is not balanced with formal provisions in the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana/KUHAP). Methods: This study is through functional comparative legal with various countries regarding laws and regulations, literature, and other legal materials in analyzing the mechanism of judges in granting judicial pardon, especially regarding the form of decisions and their legal remedies against decisions containing judicial pardons that are in accordance with the regulations and application of judicial pardon in Indonesia. Findings: Although the validity of judicial pardon is only included in the 2023 Criminal Code, the existence of the application of this judicial pardon has existed in criminal justice practices in Indonesia. In addition, there are several countries that have regulated the application of judicial pardon formally in the Criminal Procedure Code, especially the form of the decision and its legal remedies. Conclusion: There is an urgency to regulate the mechanism for imposing judicial pardon in the Criminal Procedure Code which includes the form of the decision on the granting of judicial pardon which is regulated as a special decision and legal remedies against the judicial pardon decision in the form of cassation. Novelty/Originality of this article: This study comprehensively conducts a comparative study with several countries that have regulated the mechanism for applying judicial pardon to find the right formulation for applying judicial pardon to be implemented in Indonesia.