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Muhammad Japri
Sekolah Tinggi Ilmu Hukum Awang Long, Samarinda, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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ANALISIS YURIDIS PEMAAFAN HAKIM (RECHTERLIJK PARDON) DALAM UU NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA Imelda Hasibuan; Muhammad Japri
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2300

Abstract

The transformation of the sentencing paradigm under Law Number 1 of 2023 concerning the Indonesian Criminal Code reflects a shift from a retributive orientation toward an approach that emphasizes prevention, rehabilitation, and the restoration of social balance. One of the significant reforms introduced is the regulation of judicial pardon (rechterlijk pardon), which grants judges the authority not to impose punishment even when the defendant has been proven guilty of committing a criminal offense. This study aims to analyze the regulation, implementation, and legal implications of judicial pardon from the perspective of sentencing objectives through normative legal research employing statutory, conceptual, and case approaches. The findings demonstrate that judicial pardon represents a progressive development in criminal law, reflecting a transition toward an integrative sentencing paradigm. Judicial pardon does not eliminate the unlawfulness of the act or the offender’s culpability; rather, it constitutes judicial discretion to refrain from imposing punishment when such punishment is deemed unnecessary to achieve broader legal objectives. Its application must be carried out selectively, rationally, transparently, and accountably to maintain a balance between legal certainty and substantive justice. Although it may potentially lead to disparities in judicial decisions, judicial pardon can strengthen a humane and restorative approach within Indonesia’s criminal justice system when applied based on clear and measurable parameters.
PEMBATALAN PERIKATAN PERJANJIAN JUAL-BELI TANAH SECARA SEPIHAK OLEH PENJUAL YANG SUDAH DILAKUKAN PEMBAYARAN SECARA BERTAHAP Muhammad Japri; Sitti Aisyah; Maria Ana Liwa; Aji Titin Roswitha Nursanthy
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2376

Abstract

An agreement to purchase land creates rights and responsibilities for both parties. The seller has the obligation to deliver the land, while the buyer must pay the agreed amount. In practice, sellers often unilaterally cancel land purchase agreements, even though the buyer has made installment payments. This situation raises legal issues regarding legal certainty, protection for good-faith buyers, and the application of the principle of pacta sunt servanda in contract law. This study aims to analyze whether the cancellation of a land purchase agreement by the seller after installment payments have been made is legally valid, as well as to examine the legal consequences for both parties. The method used is normative legal research with a statutory approach and a conceptual approach, analyzing the Civil Code, relevant land regulations, as well as related theories and court decisions. The results of the study indicate that if a seller cancels a land purchase agreement without a valid reason based on the contract or the law, such action is impermissible. This cancellation can be considered a breach of contract (wanprestasi), requiring the seller to pay damages and granting the buyer the right to demand the execution of the agreement or its cancellation through a court decision. Therefore, it is crucial to provide legal protection to buyers who have paid in installments to ensure legal certainty and justice for all parties.
Co-Authors Aji Titin Roswitha Nursanthy Imelda Hasibuan Maria Ana Liwa Sitti Aisyah