Reformulation Of Judicial Forgiveness Policy Based On Justice Values That Are Useful In Criminal Law Enforcement

Abstract

This study examines the reformulation of judicial pardon policy based on the value of justice that is beneficial in the context of Indonesian criminal law enforcement after the ratification of the National Criminal Code. The paradigm shift from retributive to restorative justice marks a fundamental transformation of the criminal justice system that is no longer solely oriented towards retribution, but also towards recovery and humanity. However, the existence of judicial pardon provisions in Article 54 paragraph (2) and Article 70 of the National Criminal Code has not been accompanied by comprehensive procedural law regulations, thus creating uncertainty in its implementation. This study uses a normative juridical method with a statute approach and a theoretical approach to analyze the urgency of reformulating judicial pardon policy. The results of the study indicate that a paradigm shift and legal culture of judges are needed from formal legalism to substantial humanism, the establishment of clear guidelines and implementation mechanisms through a dismissal process system based on the checklist of Article 70, and the integration of restorative justice values ​​and Pancasila in every stage of the examination. This reformulation includes mandatory inclusion of sentencing objectives and guidelines in sentencing decisions, requirements for frank confessions from defendants, victim rehabilitation as a key indicator, strict restrictions on recidivism and cases of power imbalance, and an efficient expedited procedure mechanism that still upholds human rights. This policy is expected to address correctional overcrowding, encourage social rehabilitation, and increase public trust in Indonesia's criminal justice system.