Tinjauan Yuridis Asas Pemaafan Hakim dalam Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

Abstract

The Criminal Procedure Code (KUHAP) regulates three types of decisions that may be rendered by judges in criminal proceedings. A legal issue arises in situations where a defendant is proven guilty lawfully and convincingly, yet the imposition of a criminal punishment would create a conflict between legal certainty and legal justice. Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces a new principle known as Rechtelijk Pardon, or what is referred to as a judicial pardon ruling. This provision offers guidelines for sentencing by considering various factors related to justice and humanity. Following the reform of the Criminal Code through the inclusion of this provision, there emerges a need to reform the Criminal Procedure Code as well, specifically by incorporating the judicial pardon decision into Article 191 of KUHAP. This research employs a normative legal research method using primary and secondary data sources. The research approach utilizes statutory and conceptual approaches. The results of the study emphasize the importance of adding the judicial pardon decision to Article 191 of KUHAP so that the reform of criminal law in Indonesia maintains coherence between substantive and procedural legal reforms, thereby creating a criminal justice system that is more just, humane, and responsive to societal needs.