Lasmauli Noverita
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ANALISIS YURIDIS TERHADAP KONSEP JUDICAL PARDON DALAM SISTEM PERADILAN PIDANA DI INDONESIA Mohamad Rafsanjani; Subhan Zein; Lasmauli Noverita
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 1 (2026): Jurnal Riset Multidisiplin Edukasi (Januari 2026) In Press
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i1.1624

Abstract

This study aims to analyze the concept of judicial pardon in the Indonesian criminal justice system from a legal perspective. Judicial pardon, as a clemency mechanism granted by the judiciary, is not explicitly regulated in Indonesian positive law, raising questions about its legality and implementation. This study uses a normative legal research method with a statutory and conceptual approach. The results indicate that although there are no specific provisions governing judicial pardon, legal principles such as justice, legal certainty, and human rights can inform its application. This study also examines comparisons with legal systems in other countries that have implemented judicial pardon to gain a broader perspective. The implications of this research are the need for more in-depth study and clear regulation of judicial pardon in the Indonesian legal system to avoid abuse and provide legal certainty for all parties.