Ferry Fadli, Wan (2025) Eksistensi Asas Pemaafan Hakim (rechtelijk Pardon/judicial Pardon) Dalam Undang-undang Hukum Pidana Dan Putusan Pengadilan. Masters thesis, Universitas Islam Riau.

Text 231021021.pdf Restricted to Registered users only Download (4MB) | Request a copy

Abstract

In criminal justice practice, sometimes judges find cases that are minor in nature and do not have a significant impact on society, which socially, are considered not necessary to be sentenced to criminal penalties, but are still punished because there are no regulations that give judges the authority to grant pardon in these types of cases. The formulation of the problem in writing this thesis, namely; First, to understand the principle of judicial pardon (rechtelijk pardon/judicial pardon) in criminal law and second, to understand the application of the principle of judicial pardon in court decisions. This type of research is normative juridical, which emphasizes the principles of law and comparative law. The data sources used include primary data, secondary data, and tertiary data. Data collection techniques using the literature study method. From the results of the research problem, two main things can be concluded. First, that the principle of judicial pardon (rechtelijk pardon/judicial pardon) is explicitly regulated in 2 (two) criminal law regulations although it has not been regulated comprehensively and completely. Second, that in court decisions made by judges, there are differences in the application of the principle of judicial pardon (rechtelijk pardon/judicial pardon) and not all of its application is in accordance with the formulation regulated in the criminal law. The author's suggestion, First, that the regulation regarding the concept of the principle of judicial pardon (rechtelijk pardon/judicial pardon) be regulated more completely and comprehensively. Second, to encourage judges to be able to use the principle of judicial pardon (rechtelijk pardon/judicial pardon) objectively and in accordance with the formulation regulated in the criminal law that regulates it.

Actions (login required)

View Item