JUDICIAL PARDON POLICY AS AN INSTRUMENT OF JUDICIAL DISCRETION IN CRIMINAL LAW ENFORCEMENT IN INDONESIA

Syahda Mauldiyani, . (2025) JUDICIAL PARDON POLICY AS AN INSTRUMENT OF JUDICIAL DISCRETION IN CRIMINAL LAW ENFORCEMENT IN INDONESIA. Syiah Kuala Law Journal (SKLJ), 9 (2). pp. 526-542. ISSN 2580-9059 (In Press)

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Abstract

Indonesia’s criminal justice system remains influenced by a retributive paradigm, where sentencing focuses more on punishment than on restoration or substantive justice. Without clear operational guidelines and oversight mechanisms, judicial pardon risks becoming a double edged sword exacerbating systemic injustice while failing to resolve prison overcapacity. A reform toward a more humane and adaptive penal system is needed, including consideration of judicial discretion. This study aims to explore the development of the judicial pardon concept, compare its application in Indonesia and the Netherlands, assess Indonesia’s policy direction and readiness for implementation, and identify potential challenges in its application. The findings show that judicial discretion remains limited and is often viewed as vulnerable to misuse, given the ongoing issues of integrity and transparency within Indonesia’s judiciary. The legal system remains rigid and heavily reliant on written statutes, creating barriers to implementing more flexible and justice-oriented approaches like judicial pardon.

Item Type:	Article
Additional Information:	[No. Panggil : 2110611007] [Pembimbing : Beniharmoni Harefa] [Penguji 1 : Bambang Waluyo] [Penguji 2 : Aji Lukman Ibrahim]
Uncontrolled Keywords:	Judicial Pardon, Judicial Discretion, Criminal Law
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	SYAHDA MAULDIYANI
Date Deposited:	14 Aug 2025 03:30
Last Modified:	14 Aug 2025 03:30
URI:	http://repository.upnvj.ac.id/id/eprint/39130

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