Implementation of Judicial Pardons in Various Countries

Abstract

Judicial pardon, or judicial forgiveness, is the authority granted to a judge to grant pardon
or not impose a sentence on a defendant even though the elements of the crime have been
legally and convincingly proven. Judicial pardon is not a uniform concept. In various
countries, this instrument is implemented in different forms and mechanisms, depending on
legal traditions, criminal philosophy, and social values ​​​​prevailing in each society. This study
aims to examine and compare the application of judicial pardon in the criminal law system in
various countries and its relevance for the reform of Indonesian criminal law. The method
used is normative legal research with a statutory, conceptual, and comparative approach.
The results of the study show that countries such as the Netherlands, Portugal, France, and
Greece have explicitly regulated this concept in their respective criminal law codifications
with varying conditions and mechanisms, but generally require the leniency of the act, the
achievement of the perpetrator's rehabilitation, and the absence of the need for punishment
for deterrence purposes. Indonesia, through Law Number 1 of 2023 concerning the Criminal
Code, has adopted this concept, but its regulations still require more detailed implementation
guidelines to ensure legal certainty and prevent judicial subjectivity.