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p-Index From 2021 - 2026
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All Journal International Journal of Law and Society Jurnal Dinamika Hukum
Irma Cahyaningtyas
Universitas Diponegoro, Indonesia
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Judicial Pardon after the New Criminal Procedure Code: Procedural Operationalization in Indonesia’s Criminal Justice Reform Patrick Corputty; Pujiyono Pujiyono; Irma Cahyaningtyas
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.17704

Abstract

Judicial pardon is an important innovation in Indonesia’s 2023 Criminal Code because it allows judges to declare a defendant guilty while refraining from imposing punishment or measures. This article examines judicial pardon as a form of judicial discretion oriented toward proportionality, substantive justice, and the humanization of punishment, while also analysing its procedural operationalization after the enactment of the New Criminal Procedure Code of 2025. Using doctrinal legal research with statutory, conceptual, case, and comparative approaches, this article compares analogous mechanisms in the Netherlands, England and Wales, and France. The findings show that the New Criminal Procedure Code has formally recognized judicial pardon as a distinct form of court decision and allows legal remedies against it. However, its implementation still requires clearer procedural safeguards, particularly concerning eligibility requirements, stages of examination, victim participation, the duty to give reasons, judgment format, review mechanisms, and oversight. Comparative experience shows that discretion not to impose punishment can operate effectively only when embedded in a transparent, participatory, reasoned, and reviewable procedure. This article argues that a Supreme Court Regulation, as mandated by Article 246(4) of the New Criminal Procedure Code, is necessary to operationalize judicial pardon in a fair, proportionate, accountable, and legally certain manner.
Foundation Governance, Patrimonial Legal Culture, and the Weakening of Asset Separation in a Family-Based Transitional Educational Foundation Kukuh Dwi Kurniawan; Pujiyono; Irma Cahyaningtyas
International Journal of Law and Society Vol 5 No 2 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i2.199

Abstract

This study examines how patrimonial legal culture relates to the weakening of asset separation in a family-based transitional educational foundation and applies the substance over form doctrine to a debt acknowledgment issued to the principal founder’s heirs. It combines a qualitative single-case study of a West Java foundation established in 1982 with juridical-dogmatic analysis of interviews, observation, and legal, financial, and land documents. The foundation did not amend its Articles of Association by 6 October 2008, and its organs came to be held by the principal founder’s lineal descendants, who in 2010 established a new foundation of the same name that took over its activities and assets without any transfer instrument. The 12-hectare land, separated from the founder’s wealth and certified in the old foundation’s name, was omitted from the new foundation’s audited statements. In 2024, the heirs, acting for the new foundation, acknowledged a debt to themselves equal to the land’s market value. Nine parameters reveal a related-party transaction in conflict of interest, without evidenced consideration, by a debtor that does not hold the land. Patrimonial legal culture offers a plausible but non-causal interpretation, while the transaction’s validity and the organs’ liability remain for judicial determination.
Co-Authors Kukuh Dwi Kurniawan Patrick Corputty Pujiyono Pujiyono Pujiyono