CD Skripsi
Konsepsi Pemaafan Hakim (Rechterlijk Pardon) Dalam Penegakan Hukum Pidana Dikaitkan Dengan Etika Teleologi Dalam Perspektif Hukum Progresif
ABSTRACT
The limitations on sentencing decisions as stipulated in the Criminal
Procedure Code (KUHAP) become a problem in themselves, which in the end
creates legal rigidity when the panel of judges must decide on one of the 3 types of
decisions stipulated in the Criminal Procedure Code. Viewed from the side of
justice and expediency, ideally not always a person who is legally proven guilty of
committing a crime is given a criminal sanction, because in the end it will lead to
new problems, such as the problem of overcapacity. The case of Grandma Minah
is an example of a victim of the rigidity of law enforcement, which is a bad side
for the legal world in Indonesia. The decision of the panel of judges is correct in
the eyes of the law based on the principle of legality, but in many cases the
sentencing decision is considered rigid and does not provide justice or benefit.
This study aims to analyze and determine the extent of the urgency of the
judge's concept of forgiveness for now and in the future. Another objective is to
formulate the concept of judge forgiveness in criminal law enforcement associated
with teleological ethics from a progressive legal perspective. This research is a
type of normative legal research that focuses on the approach of using legal
principles, namely the principles of justice and expediency, legal systematics, and
comparative law. This study uses secondary data by elaborating on primary,
secondary, and tertiary legal materials that are relevant to the research topic. The
analytical tools used to answer the problems in this study are the theory of justice
and progressive legal theory.
The results of the study prove that, viewed from a philosophical and
sociological point of view, the values of forgiveness are accommodated in various
contexts, such as the values of Pancasila, which are lived in everyday life, the
values of forgiveness recognized by religion, and the values of forgiveness that
are recognized by various ethnic groups of indigenous peoples. Then the
Indonesian criminal law progressively began to accommodate the forgiveness of
judges in the National Criminal Code by providing limitations on the elements:
the lightness of the act, the personal circumstances of the perpetrator, or the
circumstances at the time the crime was committed. The presence of this article is
progressive enough when it is associated with the progressive legal theory put
forward by Satjipto Rahardjo, but the absence of a formal mechanism such as a
pardon decision, which ideally is regulated in the Criminal Procedure Code, is a
critical note, so it is also necessary to change the Criminal Procedure Code so
that it is linear with the material for pardoning judges regulated in the National
Criminal Code.
Through the progressivity of the National Criminal Code, there is a need for
further additional mechanisms, such as urging the government to immediately
update the Criminal Procedure Code by including a new decision model, namely
a pardon decision. There needs to be an implementing regulation that clarifies the
limits of granting pardons for any criminal acts that can be granted pardons by
judges. The aim is that the judge does not arbitrarily grant forgiveness to the
accused without clear limitations. This will be in line with the spirit of formal
criminal law reform in Indonesia.
Keywords: Judicial Pardon-KUHAP-National Criminal Code-Progressive Law
Tidak tersedia versi lain