ANALISIS YURIDIS PEMBERIAN GRASI DALAM KAJIAN PIDANA TERKAIT EFEK JERA PEMIDANAAN

Sari

Pardon is a form of forgiveness for criminal acts, including changes, mitigation, reduction or elimination of criminal acts granted by the President. The process of granting clemency takes into account advice from the Supreme Court. Pardon is not a legal action, but is the president's authority which aims to achieve legal certainty and fair decisions. However, there are cases where the president does not grant pardon, as regulated in Indonesian positive law, especially Article 1 of Law Number 22 of 2002 in conjunction with Law Number 5 of 2010 concerning Pardon. Granting clemency by the President can have a negative impact, such as not having a deterrent effect on the convict, allowing the same crime to be repeated. This impact can also be felt by the public in certain cases, where it is feared that granting pardon will encourage people to commit similar crimes, feeling that it does not provide a deterrent effect for criminals. This legal research, with a prescriptive normative approach, uses statutory analysis and deductive syllogism to explore the link between granting pardon and the deterrent effect of punishment from a criminal law perspective. The research results show that although the theory of the purpose of punishment supports granting pardon for its deterrent effect, in practice, pardon can reduce the deterrent impact of a conviction, allowing for repetition of criminal acts.

Keywords: Clemency, Sentencing, Deterrent effect