MA Prepares Technical Guidelines on Judges’ Rechterlijk Pardon

The Supreme Court of the Republic of Indonesia (“MA”) is finalizing the Draft Regulation of Supreme Court (“Raperma”) on Judicial Pardon. This regulation is intended to serve as technical guidance for judges in applying the concept of rechterlijk pardon, which has now been accommodated within the national criminal law system.

“It is still in process. The pipeline is similar to Perma 1 under the National Criminal Code (Kitab Undang-Undang Hukum Pidana – “KUHP”), so it has been included in the MA’s regulatory development agenda,” said MA Spokesperson Yanto to Hukumonline.

The introduction of the Raperma on judicial pardon is considered crucial, as the concept represents a fundamental shift in the approach to sentencing. The new KUHP no longer places sole emphasis on retributive punishment, but also prioritizes restorative approaches, community service, and humanitarian considerations.

“It is targeted for completion this year,” he added.