Abstract:
Unitary Republic of Indonesia is a country that adopts a presidential administration. In a
presidential system of government is there prerogative held by a President as Head of State and
Head of Government. One of these was the prerogative in granting clemency authority is not
absolute. Granting clemency by the President to the convict should be limited, as set out in
Article 14 Paragraph (1) of the Constitution of the Republic of Indonesia that, "The President
gave clemency and rehabilitation by taking into consideration of the Supreme Court." It also
respect the principle of Checks and Balances and the relationship of authority between the
president and other state institutions, the granting of clemency Clemency regulated in Law
Number 22 Year 2002 and then converted into Law No. 5 of 2010 states that a prisoner can only
ask for clemency filed once unless convicts clemency had been denied him clemency and had
passed two years.
Description:
Prosedur pengajuan grasi diatur dalam Undang-Undang Nomor 22 Tahun 2002, tentang
grasi yang kemudian dirubah menjadi Undang-Undang Nomor 5 Tahun 2010 tentang
Perubahan Atas Undang-Undang No. 22 Tahun 2002 Tentang Grasi.
