Formulation of The Principle of Forgiveness of Judges (Rechterlijk Pardon) in Jarimah Ta'zir into Indonesian Criminal Law

Abstract

The principle of pardon of judges (rechterlijk pardon) is a new idea in Indonesian criminal law as contained in the RKUHP. There are several countries today that apply the principle of judge pardon (rechterlijk pardon) in their criminal law, such as the Netherlands, Greece, and Portugal. However, long before these countries applied the principle of judge pardon (rechterlijk pardon), Islamic criminal law had already implemented it. The principle of pardon of judges (rechterlijk pardon) related to minor crimes in Islamic criminal law is contained in jarimah ta'zir. The value of judge pardons in Islamic criminal law has advantages when compared to other legal systems, namely the balance between the interests of the perpetrator and the victim. In Islamic criminal law, judge pardons are given to perpetrators who commit minor crimes and by looking at the personality or character of the perpetrator. Judges can grant pardons to perpetrators in court based on the forgiveness of victims with regard to the rights of fellow human beings or the protection of individual legal interests (individuale belangen) . This research is a normative legal research with a statutory approach and a comparative approach. Legal materials consist of primary, secondary, and tertiary legal materials with the technique of collecting legal materials is library research . The legal material obtained is then processed based on qualitative descriptive analysis techniques with deductive reasoning. The findings in this study are urgent for changes to the Dutch heritage Criminal Code. The change is by regulating the principle of pardon of judges (rechterlijk pardon) in the First Book of the Criminal Code in the future. The principle of judge's pardon (rechterlijk pardon) is accepted from the value of judge's pardon in jarimah ta'zir