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All Journal Journal of Judicial Review Jurnal Dinamika Hukum
Pujiyono Pujiyono
Universitas Diponegoro, Indonesia
Law, Crime, Criminology & Criminal Justice

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Strict Liability as a Counterbalance to the Principle of Error in Indonesian Criminal Law Ahmad Rofiq; Pujiyono Pujiyono
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7317

Abstract

This study wants to reveal how the criminal law policy in formulating the principle of strict liability now and in the future. This research is included in the type of normative juridical research. The data collection technique in this research is in the form of literature study. The data obtained were analyzed by analytical descriptive. The results of this study indicate that the current criminal law policy in formulating the principle of strict liability can be found in several Indonesian laws and foreign laws with several formulation models. The strict liability principle in the RKUHP as a counterbalance to the principle of error does not provide more complete arrangements regarding the limits of criminal acts that can be subject to strict liability, besides that there is no regulation regarding defense as one of the characteristics of the formulation of the strict liability principle. The results of the comparative study concluded that the application of the principle of strict liability in the RKUHP requires limits, measures, and defense regarding which actions can be applied with strict liability considering that the principle of strict liability serves as a counterweight to the principle of 'no crime without fault'.
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.
Co-Authors Ahmad Rofiq Irma Cahyaningtyas Patrick Corputty