PEMAAFAN HAKIM TERHADAP TINDAK PIDANA KELALAIAN YANG MENYEBABKAN KEMATIAN

Abstract

This study analyzes the application of judge forgiveness or rechterlijk pardon in the Mempawah District Court Decision Number512/Pid.B/2025/PN Mpw related to the crime of negligence causing death. The focus of the research is directed at the interpretation of Article54 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code, especially the elements of the lightness of the act, the personal circumstances of the perpetrator, and the circumstances at the time and after the crime occurred. This research is a normative juridical research with legislative, conceptual, and case approaches. The results of the study showed that the panel of judges interpreted the elements of the lightness of the act contextually, not solely based on the consequences in the form of death or criminal threats. The decision also shows the existence of an open-textured norm in Article 54 paragraph (2) of the National Criminal Code which has the potential to cause disparity in decisions between cases in court. Therefore, a Supreme Court Regulation (PERMA) is needed as an interpretive guideline so that the application of judge pardons remains consistent, proportionate, and provides legal certainty as well as maintaining uniformity in the application of norms in national criminal justice practice.