PEMAAFAN HAKIM (RECHTERLIJK PARDON) DALAM HUKUM PIDANA DAN PEMIDANAAN DALAM PERSPEKTIF PANCASILA

Abstract

The research in this journal is entitled Judge Forgiveness (Rechterlijk Pardon) in Criminal Law and Punishment in the Perspective of Pancasila. This research aims to find answers to the problem, namely how the application of the concept of judge forgiveness (Rechterlijk Pardon) if harmonized in the Draft Criminal Procedure Code based on the perspective of Pancasila. This research uses Normative Juridical Research which examines the subject matter based on legal rules and legal norms that exist in Positive law. In this research, there are three (3) approach methods that will be used, namely the Historical approach and Comparative approach for the first problem and conceptual approach for the second problem. Historical approach is carried out in the framework of tracking the history of legal institutions from time to time, as well as to understand the development and philosophical changes that underlie a rule of law. The result of this research is that the regulation of judge forgiveness (rechterlijk padon) cannot only be regulated in the Criminal Code which only contains material criminal law, but the regulation of judge forgiveness (rechterlijk padon) must also be harmonized with the Draft Criminal Procedure Code in the future. So that the article on the institution of judge forgiveness can be implemented in real terms in accordance with the philosophy of Pancasila. The purpose of research in scientific work is to examine the application of the concept of judge forgiveness (Rechterlijk Pardon) if harmonized in the Draft Criminal Procedure Code based on the Pancasila perspective.

Keywords: Judge's Apology, In Law and Sentencing.