CRITERIA FOR THE MINOR NATURE OF THE ACT IN JUDICIAL PARDON DECISIONS IN THE CONTEXT OF THE REFORM OF INDONESIAN CRIMINAL LAW

Abstract

This study examines the meaning of the phrase “minor nature of the act” in Article 54 (2) of the 2023 Criminal Code (KUHP) as the basis for a judge’s decision to grant leniency. The issue arises because the 2023 Criminal Code does not provide clear parameters regarding the measure of “the minor nature of the act”, while this concept serves as the basis for judges to refrain from imposing a criminal sentence in order to consider aspects of justice and humanity. This research is crucial to prevent the rigidity of criminal sentencing, which has historically tended to prioritize formal legal certainty alone. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a comparative approach. Legal materials were obtained through literature review and analyzed qualitatively using legal interpretation and prescriptive argumentation. The results of the study indicate that “minor acts” should be interpreted substantively based on the concrete severity of the criminal act, rather than solely based on the formal classification of minor offenses. These parameters include the minimal nature of the harm caused, the low degree of culpability of the perpetrator, and the assessment that punishment no longer serves the objectives of criminal punishment.