Abstract
The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.
Highlights
Criminal law as a branch of applicable law, in addition to civil law, state administration law, and State administrative law, basically aims to protect and protect the public interest, in this case the public[4]
Based on the above research, according to the authors reviewed from Theory of the Institute of Forgiveness (Rechterlijk Pardon), the theory of the criminal justice system and the theory of progressive law, the judgment of the judge in cases decided by the District Court NorthEast Number 46 / Pid / 78 / UT / Wan, in line with the three theories used as the analysis knife in this study
The judge in giving the Rechterlijk Pardon decision must be based on the guidelines as stated in Article 60 Paragraph (2) RKUHP 2018, namely the lightness of the action, personal circumstances of the maker, or the condition at the time the act was committed or what happened so that it can be used as a basis for consideration not to impose a criminal or impose a criminal action by considering aspects of justice and humanity
Summary
Criminal law as a branch of applicable law, in addition to civil law, state administration law, and State administrative law, basically aims to protect and protect the public interest, in this case the public[4]. Where is mentioned that the crime itself is a social institution that is related and reflects the values and structure of society. For this reason, criminal law should be a sublimation of all values in society which are applied by the authorities in the criminal justice system[5]. With regard to criminality, it is currently considered unsatisfactory to the public. This has triggered a number of ideas to make alternative efforts in answering issues relating to the handling of criminal acts. Based on the background of the problem stated above, the problem formulated is as follows: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia? How the principles apply Rechterlijk Pardon in a criminal ruling Decision Number241 / Pid.B / 2019 / PN.Mjl? How the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?
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