PROBLEMATIKA HUKUM PUTUSAN RECHTERLIJK PARDON DALAM SISTEM PEMIDANAAN DI INDONESIA

Abstract

The background of the concept of rechterlijk pardon is rooted in the
prevalence of defendants who have actually fulfilled the burden of proof, but
sentencing them would result in a conflict between legal certainty and justice. On
the other hand, the qualification procedure for rechterlijk pardon must be strictly
regulated to ensure that pardons are not granted without guidelines, given the
wide discretion available to judges. Rechterlijk pardon in the penal system
primarily concerns the imposition of penalties where judges may decide not to
impose a sentence on proven guilty defendants based on the goals of sentencing.
The analysis employs normative research using a qualitative approach,
specifically conceptual and legislative approaches, to uncover how judges weigh
decisions and the constraints that govern judges in rechterlijk pardon rulings.
The findings of this research suggest that legal reasoning by judges must
align with moral reasons consistent with Pancasila values and civilized law, and
should focus on individualizing punishment and subsociality in formulating
sentencing goals. Sentencing guidelines are intended as a controlling function.
The highly individual characteristics of criminal cases should be autonomously
justified with sufficient consideration of legal principles and the principle of culpa
in causa.
Keywords: Rechterlijk Pardon, Verdict, Penal System