ANALISIS TENTANG KONSEP PENERAPAN RECHTERLIJK PARDON DALAM PEMBAHARUAN SISTEM PEMIDANAAN DI INDONESIA DITINJAU DARI ASAS LEGALITAS (STUDI KRITIS RUU-KUHP)
| Main Author: | Antoro, Dedy Reza Dwi |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/46251/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/46251/2/BAB%20I.pdf http://eprints.umm.ac.id/46251/3/BAB%20II.pdf http://eprints.umm.ac.id/46251/4/BAB%20III.pdf http://eprints.umm.ac.id/46251/5/BAB%20IV.pdf http://eprints.umm.ac.id/46251/6/LAMPIRAN.pdf http://eprints.umm.ac.id/46251/ |
Daftar Isi:
- Rechterlijk Pardon is a new concept that has not been recognized in the current Criminal Code, This concept is a correction of the validity of the principle of legality in which legal certainty must be upheld, but Rechterlijk Pardon will change the criminal law in the future to be a flexible law. This departs from several cases which have already fulfilled criminal offenses, however, the deed is deemed not necessary to bring down the sentence. Responding to this, the new Criminal Code made a concept that a judge has the right to decide on a case which he deems not necessary for a conviction that is a forgiving decision. This research aims to determine whether the concept of Rechterlijk Pardon can be applied in criminal law in the future in terms of legality principles. The method used by the researcher is normative legality research. Namely with the legislation approach, case approach and comparative approach to normative qualitative analysis of data presented quantitatively. The results of the analysis in this research that the concept of Rechterlijk Pardon allows it to be applied to the new criminal law in which the judge is no longer confused about the choice of the application of the principle of rigid legality, however, in the new criminal law expanding the meaning of the principle of legality becomes flexible. The concept of a Rechterlijk Pardon is not only limited to cases in the category of minor crimes, but a case to be decided using Rechterlijk Pardon must meet a classification. It is recommended to members of Parliament to be able to make and legitimize the design of the formulation of the criminal law system that has existed until now.