<![CDATA[This study examines the legal construction of judicial pardon (pemaafan hakim) under Article 54(2) of Law Number 1 of 2023 on the Criminal Code (KUHP) and evaluates its application through the lens of sentencing proportionality. Employing a normative legal research methodology with prescriptive analysis, the study applies statutory, case, and conceptual approaches to two district court decisions: Putusan Pengadilan Negeri Garut No. 412/Pid.B/2025/PN Grt, involving intentional assault resulting in serious facial injury, and Putusan Pengadilan Negeri Mempawah No. 512/Pid.B/2025/PN Mpw, involving negligent homicide in a workplace setting. The findings show that judicial pardon is a corrective mechanism in sentencing that does not eliminate the criminal act or the offender’s guilt, but removes the imposition of a sentence on the basis of particular considerations. Its application must be read together with Article 54 paragraph (1) of the 2023 Indonesian Criminal Code and limited by the principle of proportionality. The Garut District Court Decision tends to be proportional with certain reservations, as it involved reconciliation, forgiveness from the victim, and reimbursement of medical expenses, although the injury suffered by the victim was relatively serious. Conversely, the Mempawah District Court Decision tends to be less proportional because it involved the death of the victim, thereby requiring stronger judicial reasoning, particularly concerning victim protection, public interest, and the necessity of punishment. These findings affirm the importance of clear guidelines for the application of judicial pardon in order to prevent sentencing disparity in modern Indonesian criminal justice practice.]]>
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