Applicant’s Attorney Bonyamin Saiman submits petition revision files at judicial review session on Act of Clemency (Undang-Undang Grasi –UU Grasi), on Tuesday (22/9) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

Former Corruption Eradication Commission (Komisi Pemberantasan Korupsi –KPK) Chairman Antasari Azhar registers himself as Applicant in judicial review petition on Act Number 5 Year 2010 as Amendment of Act Number 22 Year 2002 of Clemency. Bonyamin Saiman represents him as Applicant’s Attorney at judicial review session on Tuesday (22/9) at Plenary Room, the Constitutional Court Building. Initially, death convict Su’ud Rusli is the only Applicant in the petition. Regarding additional Applicant, Bonyamin asserts that his client has legal standing in the petition.

“My position is as citizen who use to defend clemency request, in this case Mr. Antasari Azhar’s clemency request, which hampered by Article 7 (2) Act Number 5 Year 2010 of Clemency based on news circulated in mass media. There is indeed no decision yet, but based on the news, he will be difficult to obtain clemency because he is blocked by formal law,” said Saiman.

Saiman reveals petition revision which consist of potential constitutional loss affirmation suffered by Azhar and touchstone (batu uji) addition. “We also add touchstone based on Justice Panel input on preliminary session, which is Article 28I (4) and (5) the 1945 Constitution. We assess the Article could be used as touchstone,” explained him.  

In order to strengthen argumentation, the Applicant also examines drafting minute of Act a quo. In petition demand, he requests the Constitutional Court (Mahkamah Konstitusi –MK) to decide clemency request has no time limit.

Previously on preliminary session, death convict of criminal case sentenced by Military Court Su’ud Rusli files petition on Act of Clemency which regulate clemency request period which limited one year since the decision binding. According to him, clemency as President’s prerogative right shall not be limited by time limit because such limitation is contrary to justice. He argues that clemency has been guaranteed by the Constitution, so it cannot be reduced and limited by lower Act, in this case by Article 7 (2) Act Number 5 Year 2010. He further says that clemency is not included in open legal policy which able to be limited further by legislators. (Julie/Prasetyo Adi N)