By:  Axel James – Tim Riset Yuris Muda Indonesia

What is Rechterlijk Pardon?

Rechterlijk Pardon is a form of verdict in which the judge declares that the defendant is guilty, but he is not convicted. The reason for this pardon decision is that sometimes judges are faced with difficult situations, namely between enforcing the law or upholding justice.

Justice V. Certainty

Basically, judges in carrying out their duties and functions often find situations where judges are faced with a difficult situation, namely choosing justice or enforcing the law. In fact, judges should be more inclined to choose to uphold justice. Because, the logical consequence of the decisions that read “for the sake of justice based on the one and only God.” This is also the reason why the position of judge must be filled by a human being, because only humans have morals and conscience.

In addition, according to Bismar Siregar, criminal law must also be placed as a last resort because criminal law causes misery. Along with the nature of criminal law itself, criminal law must be able to treat people who deviate from the law. the drug will be effective if it fulfills justice itself.

Example of the Rechterlijk Pardon case

One of the cases behind the Rechterlijke Pardon discourse which is quite heartbreaking is the story of FIDELIS: Between Love, Marijuana, and the Threat of Prison. In short, fidelis is trying for his wife’s recovery to find various ways of treatment and one way is to use marijuana. His wife suffered from a mysterious illness and Fidelis had taken him to a number of hospitals but could not be cured. His wife’s disease is a rare disease, namely Syringomyelia. Actually it is possible to operate, but because of his wife’s condition, which is already weak, the operation is not possible.

After doing research, Fidelis used marijuana as a treatment for his wife and made progress for his wife’s recovery. However, in the end, Fidelis was arrested by law enforcement officers and demanded 5 months in prison and paid a fine of Rp. 800 million, subsidiary of one month in prison because he was found to have violated Article 111 paragraph (1) of the Narcotics Law. When Fidelis carried out his sentence, his wife again dropped and 32 days after Fidelis was arrested, Fidelis finally died.

There are, of course, many other cases behind the application of Rechterlijke Pardon in Indonesia, such as the case of Minah’s grandmother, or the case of Samirin’s grandfather in North Sumatra.