Author(s): Erna Dewi, Mashuril Anwar, Tri Andrisman, Budi Rizki Husin
This study aims to analyze the principle of forgiveness in local wisdom in Indonesia and find the concept of strengthening the principle of forgiveness in local wisdom to reduce criminal justice institutions' burden. This research departs from doctrinal research with a statute approach, analytical approach, and conceptual approach. As a complement, the Socio-legal studies approach is used, which examines law as a related social phenomenon in applying the Indonesian criminal law system that reflects local wisdom. Based on the research results, forgiveness has grown and developed in Indonesian society, including in the communities of Lampung, Minangkabau, Batak Karo, Java, and Aceh. Therefore, to provide legal certainty, the principle of forgiveness needs to be regulated in a special regulation. In addition to providing legal certainty, the legitimacy of the principle of forgiveness through statutory regulations is more prospective to reduce criminal cases in the judiciary. The approach to the problem in this research is limited to the scientific tradition developed in legal science, which is based on existing ideas and approaches in the sense that it is limited by the scientific tradition in which legal scientists are located. The results of research that are oriented towards legal products in the form of the concept of strengthening the principle of forgiveness in the criminal law system, especially for minor cases with the hope of reducing the burden on the judiciary and at the same time preventing the fullness of correctional institutions (over capacity) and at the same time empowering local wisdom which has received little attention, especially in law enforcement, especially criminal law enforcement, which is currently considered to have not created a sense of justice.