Forgiveness of Judges: Local Wisdom in the Concept of National Criminal Law

Abstract

<jats:p>Criminal law, as an instrument of guarding public order, has two functions. The first one is as general function to regulate life and to organize procedures in society. The second one is as particular function to protect legal interests from crime by giving criminal punishment as sanctions for the perpetrators. Conceptually, forgiveness of the judge emerges to modify rigid legal certainty towards flexible legal certainty. This departs from several cases that have actually fulfilled the formulation of criminal offenses, but their actions are not feasible to be sentenced. Therefore, in the concept of the National criminal law, the Draft of Criminal Code (RKUHP) makes a new formula containing local wisdoms that regulate the possibility of forgiveness of the judge to several cases that are improperly being convicted. This paper focuses on the concept of forgiveness of the judge that cannot be separated from the local wisdom values, including religious values and legal wisdoms living in society.</jats:p>

Sociological Aspects of Judges in Granting Applications for Marriage Dispensation (Study of Determination Number: 0038/Pdt.P/2014/PA.Pt)

“…However, getting pregnant outside of marriage is not the only reason. The factor of the child's closeness to his or her partner who is too close often makes parents worry so that in order to prevent adultery or unwanted things, parents decide to marry their child (Harun 2019;Rofiq 2018;Zuhri 2019). Of course, the decision to marry off was without coercion to the child and was accompanied by the willingness of the child and his partner.…”