The problem of this research is that there is a legal vacuum in the Criminal
Procedure Code regarding the rechterlijk pardon principle. Even though the New
Criminal Code has regulated it, if implementing the New Criminal Code without
procedural regulations, it will be difficult to implement. The formulation of the
problem is what are the legal consequences of applying the Rechterlijk Pardon
Principle in the 2023 Criminal Code. The type of research used is normative legal
research. The results of the research are the legal consequences of applying the
rechterlijk pardon principle in the 2023 Criminal Code, which can be a solution to
the breakthrough of the penal system in Indonesia which has undergone a
transformation, which can then reduce overcrowding in prisons. The judge's
pardon in the form of a judge's decision, when it is applied to the defendants by
fulfilling certain conditions, the provisions for the implementation of rechterlijk
pardon and not having to serve a term of imprisonment in a prison, but only enough
to say in the decision of someone who has been legally and convincingly proven to
have committed a certain crime, but was not sentenced to a criminal sentence in
any form but the judge only pardoned the criminal act committed. With regard to
the principle of rechterlijk pardon it can be considered as a doctrine. Because
doctrine is a source of law which will later be used as the basis for imposing a
pardon decision.