Konsep Putusan Pemaaf Oleh Hakim (Rechterlijk Pardon) Sebagai Jenis Putusan Baru Dalam KUHAP

Fakultas Hukum Universitas Bhayangkara Jakarta Raya 2024-03-16

Of the various articles that have undergone changes and additions in the new Criminal Code, one of them is interesting, namely Article 54 related to forgiveness by judges. However, whether the concept of forgiveness decision by the judge in the new Criminal Code has a position as a decision in the Criminal Procedure Code or the Criminal Procedure Bill. This research uses a normative juridical research method, which examines the problem by referring to positive law. The results of this study indicate the need for additional types of forgiveness decisions in the Criminal Procedure Bill as a form of criminal law reform because the provisions related to the types of decisions in the Criminal Procedure Code and the Criminal Procedure Bill are currently unable to accommodate forgiving decisions by judges. By examining in more depth the concept of forgiveness by the judge, it will appear that neither the Criminal Procedure Code nor the Criminal Procedure Bill contains the type of forgiveness decision.

New Criminal Code; Criminal Procedure Code; Rechterlijk Pardon; Pardon by Judge; Criminal Law Reform; info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; Peer-reviewed Article

Open access content. Open access content
Copyright (c) 2024 Alfret , Mardian Putra Frans
https://creativecommons.org/licenses/by/4.0

application/pdf
English

IDBJR oai:ojs2.ejurnal.ubharajaya.ac.id:article/790
10.31599/krtha.v17i3.790
1429707074

UNIVERSITAS BHAYANGKARA JAKARTA RAYA
From OAIster®, provided by the OCLC Cooperative.

edsoai.on1429707074