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Judicial Pardon in Contemporary Criminal Verdicts: Balancing Justice, Legal Certainty, and the Utility of Law Gregorius Widiartana; Sajjad Hussain
NUSANTARA: Journal Of Law Studies Vol. 4 No. 01 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17346796

Abstract

The authority of judges to grant judicial pardon—namely, the discretionary power to reduce or mitigate criminal sanctions—raises fundamental legal concerns in Indonesia's criminal justice system. While judicial discretion aims to humanise the law and consider individual circumstances of offenders, its unstructured and inconsistent application often undermines the core objectives of criminal punishment: justice, legal certainty, and legal utility. This article explores the main research questions: To what extent does judicial pardon align with the philosophical objectives of criminal sentencing? How does this practice affect legal certainty and the perception of justice in society? Employing a normative legal research method that draws on statutory, conceptual, and case-based approaches, this study critically analyses judicial decisions in which leniency or mitigation was granted under the banner of judicial pardon. The findings reveal that while judicial pardon is rooted in compassionate justice, its inconsistent use without clear normative guidelines leads to sentencing disparities, erodes public trust, and potentially weakens the deterrent effect of criminal law. Nonetheless, the study also finds that judicial pardon may serve rehabilitative and restorative aims when applied judiciously, particularly in cases involving vulnerable offenders or minor crimes. This research calls for a more transparent doctrinal framework and judicial standards to ensure that judicial pardons meaningfully contribute to the balance among justice, legal certainty, and the broader utility of law in criminal adjudication.
Indonesia’s Palm Oil Plantation Regulations for Promoting Community Protection and Justice Christiani, Theresia Anita; Elisabeth Sundari; Aloysius Wisnubroto; Gregorius Widiartana; Maristel M. Dela Cruz
Contrarius Vol. 2 No. 3 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i3.296

Abstract

The expansion of palm oil plantations in Indonesia has generated complex legal issues related to community protection around Cultivation Rights areas, land tenure conflicts, and the effectiveness of justice mechanisms in natural resource governance. Although agrarian, plantation, environmental, and human rights regulations formally recognise community protection, empirical evidence shows recurring agrarian conflicts and unequal benefit distribution. This study aims to: (1) analyse legal instruments governing community protection in palm oil plantation management; (2) evaluate the effectiveness of justice mechanisms and the role of state institutions in regulatory enforcement; and (3) formulate justice-based regulatory reconstruction through an international comparative approach. This research applies an empirical juridical method with a socio-legal approach, combining statutory analysis and fieldwork conducted in the operational areas of PT Agri Andalas, PT Bio Nusantara Teknologi, and PT Pamor Ganda in Bengkulu Province. The analysis applies Rawl’s distributive justice, the social function of land rights, and law as social engineering. The findings show that Indonesia faces a legal gap between regulation and implementation, marked by administrative legality dominance, fragmented institutions, and procedural participation. Although justice mechanisms formally exist, unequal access limits the availability of substantive remedies. Comparative insights from the Netherlands, Canada, and Norway emphasise integrated governance, binding community consent, transparency, and restorative grievance systems. Strengthening community protection, therefore, requires shifting from administrative legality toward social legitimacy and distributive justice through institutional integration and stronger enforcement.