<![CDATA[The enactment of Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) introduces the concept of rechterlijk pardon as a progressive mechanism that enables judges to refrain from imposing criminal sanctions based on humanitarian and justice considerations. However, despite its substantive recognition, the absence of corresponding procedural provisions in the Indonesian Criminal Procedure Code (KUHAP) has created a normative gap that threatens legal certainty, judicial accountability, and consistency in criminal adjudication. This study addresses three research questions: (1) how rechterlijk pardon is currently positioned within the Indonesian criminal justice system; (2) how the concept is regulated and implemented in the Dutch criminal justice system; and (3) what procedural model should be adopted to reformulate rechterlijk pardon within the Indonesian Criminal Procedure Code. Using a normative juridical approach combined with a qualitative comparative method, this research analyses statutory provisions, legal doctrines, scholarly literature, and comparative materials, particularly Article 9a of the Dutch Wetboek van Strafrecht. The findings show that Indonesia has recognised rechterlijk pardon as a progressive instrument for achieving substantive justice, humanity, and proportionality in sentencing; however, its implementation remains vulnerable to legal uncertainty, inconsistent judicial practice, and potential abuse of discretion due to the absence of procedural safeguards. The Dutch model demonstrates that judicial pardon can operate effectively when supported by clear criteria, written judicial reasoning, oversight mechanisms, and accountability standards. This study contributes academically by proposing a contextual reformulation of rechterlijk pardon within the KUHAP, emphasising clear eligibility criteria, mandatory reasoned decisions, monitoring and reporting mechanisms, restorative justice, and Pancasila as the philosophical foundation of Indonesian criminal procedure reform.]]>
