Makassar, Indonesia July 29/ LCPR-RG/- We live in an era where Artificial Intelligence (AI) is transforming the criminal justice system. Rapid technological advancement is reshaping how society detects and penalizes wrongful behavior. Today, AI technologies are increasingly utilized for predictive policing, crime prevention, and identifying offenders through biometric data. While this digital transformation makes law enforcement highly efficient, it brings a significant hidden danger: the potential loss of human compassion. The Research titled “Reconceptualizing Judicial Pardon (Rechterlijke Pardon) in the National Criminal Code: Understanding the Role of Judges as Guardians of Substantive Justice” was published in Veredas do Direito Journal by Elsevier on 11 May 2026.
When justice relies too heavily on automated algorithms, it tends to operate in a purely mechanical and overly repressive manner. An AI system might accurately detect that a crime occurred, formally fulfilling the strict legal elements of an offense, but a machine cannot understand the complex human context behind the act. It cannot feel empathy, gauge the proportionality of a punishment, or consider the nuances of social justice. This rigid application of technological evidence risks marginalizing the crucial humanistic dimension of our justice system.
This is exactly where the concept of the “Judicial Pardon” (or Rechterlijke Pardon) becomes a vital safeguard. Recognized in Indonesia’s National Criminal Code, this legal norm grants judges the powerful discretion to refrain from imposing any punishment, even when the defendant is proven legally guilty. In the face of AI-driven law enforcement, reconceptualizing and strengthening this judicial pardon is essential to protect individuals from algorithmic rigidity.
By exercising a judicial pardon, judges act as the ultimate guardians of substantive justice. They can evaluate the personal struggles of the offender and the broader social implications, ensuring that the law remains humane and socially responsive. This legal mechanism serves as a necessary safety valve against the potential misuse of technology, reinforcing judicial independence and guaranteeing that justice remains firmly grounded in human dignity.
Balancing technological efficiency with restorative justice directly supports Sustainable Development Goal (SDG) 17: Partnerships for the Goals. By fostering a strong, collaborative synergy between technological developers, legal practitioners, and civil society, we can build a justice system that uses AI responsibly. True partnership ensures that cutting-edge technology serves humanity, rather than replacing the empathetic and moral judgment required for an equitable society.
Ultimately, while AI tools can assist us in catching offenders with precision, they can never replace the moral compass of a human judge. We must remember that human rights and dignity are the ultimate values of the law. The judicial pardon ensures that our legal system maintains its beating heart. By preserving the power of forgiveness, we ensure that justice is measured not just by cold data, but by the enduring values of humanity and restorative justice
Reference
DOI:
https://doi.org/10.18623/rvd.v23.6470
Contact:
Afif Muhni, S.H., M.H.
Afif.Muhni@unhas.ac.id
