ANALISIS KEWENANGAN PRESIDEN DALAM PEMBERIAN GRASI TERHADAP TINDAK PIDANA NARKOTIKA

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.