Consequences of Regulating the Rechterlijk Pardon Concept Against the Types of Criminal Decisions in Indonesia

Abstract

Law Number 8 of 1981 concerning the Criminal Procedure Law has regulated the types of final decision s into 3 (three) namely acquittal decision, decision free from all demands, and criminal decision. Where each type of decision has its own characteristics that distinguish it from other types of criminal decisions. In the next development, the Government of Republic Indonesia seeks to update the provisions of the criminal law by including new concepts in the Criminal Code's Draft (RKUHP). One of the new concepts listed in the Criminal Code's Draft (RKUHP) is the concept of rechterlijk pardon which gives the authority to the judge not to impose actions or impose criminal sanctions on the accused even though criminal acts and mistakes have been proven. After going through a review of the application of the concept in a criminal case, it can be known that the type of decision produced has differences with the types of decisions that have been regulated in Law Number 8 of 1981 concerning the Criminal Procedure Law. Therefore, so that the concept of rechterlijk pardon can be applied in criminal cases in the future, it is necessary to add a type of criminal case decision based on the application of the concept of rechterlijk pardon in the form of Guilty Decision Without Conviction.