A Judge's Pardon as a Form of Judgment: A Juridical Review of Aspects of Legal Certainty

Abstract

This scholarly investigation examines the imperative need for establishing regulatory frameworks governing judicial clemency (rechterlijk pardon) within Indonesia's criminal justice system. The study highlights critical gaps between substantive criminal law, which recognizes forgiveness principles, and procedural criminal law, which lacks comprehensive clemency provisions. Employing normative juridical methodology through legislative analysis, comparative assessment, and case studies, this research utilizes primary legal sources including statutory provisions and judicial decisions, supplemented by secondary materials. The investigation reveals that Indonesia's Criminal Procedural Law currently recognizes only three judicial determinations: acquittal, case dismissal, and punitive sentencing. This limitation creates procedural uncertainty when judges seek to grant clemency to defendants proven guilty through established legal proceedings. The research demonstrates that Criminal Procedural Law reformation is essential to incorporate judicial clemency as a fourth verdict category. Such legislative reform would establish legal certainty, ensure consistency in judicial determinations, and safeguard defendants' human rights within Indonesia's criminal justice framework. Implementation of this mechanism would significantly enhance procedural integrity and humanitarian considerations while maintaining adherence to fundamental legal principles, ultimately strengthening Indonesia's criminal justice system