COMPARISON OF THE JUDICIAL FORGIVENESS (RECHTERLIJK PARDON) BETWEEN CIVIL LAW SYSTEM AND ISLAMIC LAW SYSTEM (FINDING THE FORMULATION OF THE PRINCIPLE OF RECHTERLIJK PARDON IN INDONESIAN CRIMINAL LAW)

This study falls under the category of normative legal research or doctrinal research. Primary resources, secondary materials, and tertiary materials are all used library techniques for gathering (library research). In contrast, descriptive analysis approach is data processing. According to conclusions this study, various civil law system nations, like Netherlands, Greece, Portugal, use principle judicial forgiveness (rechterlijk pardon). However, long before these nations implemented pardon) in their criminal law, Islamic first jarimah qadzaf (accusing adultery), qishas-diyat, Ta'zir. Compared system, offers benefits. The formulation Indonesian future prescribe since it seen have advantages. Furthermore, incorporating notion from into sociologically consistent with knowledge people, majority whom Muslims.