TINJAUAN ASAS RECHTERLIJK PARDON DALAM KUHP NASIONAL PERSPEKTIF HUKUM PROGRESIF

Abstrak

The adoption of the Rechterlijk Pardon (judicial forgiveness) principle in the Indonesian Criminal Code represents a significant shift from the retributive paradigm that has long dominated the criminal justice system. This study aims to analyze the urgency of the Rechterlijk Pardon principle as regulated in Article 54 paragraph (2) of the Indonesian Criminal Code and to examine its relevance from the perspective of Progressive Legal Theory. This research employs a normative legal method using statutory, conceptual, and philosophical approaches. Legal materials were analyzed qualitatively through legal interpretation and doctrinal analysis to assess the relationship between judicial forgiveness and the objectives of contemporary criminal law. The results demonstrate that the Rechterlijk Pardon principle constitutes an important legal mechanism for balancing legal certainty, justice, and humanity in criminal adjudication. The study finds that judges are provided with the discretion not to impose punishment in cases involving minor offenses, the personal circumstances of offenders, and other considerations reflecting societal legal values. In the perspective of Progressive Law, judicial forgiveness embodies the principle that law exists for human beings rather than merely for the enforcement of formal legal rules. Therefore, the implementation of Rechterlijk Pardon strengthens a more humane and substantive approach to criminal justice and supports the transformation of punishment from a purely retributive model toward a justice-oriented system.