The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

The idea of Judicial Pardon as Reform of Indonesian Justice System (Comparison of Judicial Pardon System Through Various Legal Instruments)

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289446,
        author={Aristo Evandy Alwan Barlian and Bagas Heradhyaksa},
        title={The idea of Judicial Pardon as Reform of Indonesian Justice System (Comparison of Judicial Pardon System Through Various Legal Instruments)},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={judicial pardon legal reform indonesian criminal justice system},
        doi={10.4108/eai.10-9-2019.2289446}
    }
    
  • Aristo Evandy Alwan Barlian
    Bagas Heradhyaksa
    Year: 2019
    The idea of Judicial Pardon as Reform of Indonesian Justice System (Comparison of Judicial Pardon System Through Various Legal Instruments)
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289446
Aristo Evandy Alwan Barlian1,*, Bagas Heradhyaksa2
  • 1: Diponegoro University, Jl.Prof.H.Soedarto, S.H., Tembalang, Tembalang, Kota Semarang, Jawa Tengah 50275 Indonesia
  • 2: National University of Malaysia, Bangi Selangor, 43600, Malaysia
*Contact email: aristoevandy26@yahoo.com

Abstract

The current criminal justice system in Indonesia does not have any guidance on excuses that can be done by judges. This is because there are only provisions on criminal acts and mistakes without including the objectives and principles of criminalization. Therefore many cases are not disconnected by public trust or punishment without regard to social values and material justice. Therefore, it is necessary to update the formula that can complement the legal deficiencies in Indonesia, namely the judicial pardon. The purpose of this study is to analyze the idea of judicial pardon in the penal system in Indonesia. Analysis of this research uses a comparative approach method. This means that this study examines all elements of the legal system in Indonesia that have a value of forgiveness in terms of culture, religion, and international comparison. As a result, it can formulate an acceptable and effective legal reform used in Indonesia. The result of this study found that there are five cultures and three values in a religion that has the concept of forgiveness. Also, seven countries have the authority of forgiveness in the courts of their country. In addition, there are 7 countries that have the authority to pardon in their courts. With the formulation of the idea of judicial pardon, it will make the criminal law system in Indonesia in the future more integral, flexible, humanist, progressive, and nationalist.