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Justice and Human Rights Ministry\'s litigation and regulation directorate general director (Direktur Litigasi Peraturan Perundang-Undangan Kementerian Hukum dan HAM) Nasrudin delivers Government’s testimony at judicial review on Act of Clemency, on Tuesday (12/10) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

Clemency request will be piled up and cause legal uncertainty if there is no time limit on clemency filing, thus the time limit is intended to provide legal certainty, Justice and Human Rights Ministry\'s litigation and regulation directorate general director (Direktur Litigasi Peraturan Perundang-Undangan Kementerian Hukum dan HAM) Nasrudin delivers Government’s testimony towards judicial review petition on Act Number 5 Year 2010 as Amendment of Act Number 22 Year 2002 of Clemency, on Monday (12/10) at Plenary Room, the Constitutional Court Building. As known, death convict Suud Rusli files the petition which registered in Case Number 107/PUU-XIII/2015.

In front of Justice Panel led by Chief Justice Arief Hidayat, Nasrudin delivers that provision on clemency filing time limit is already appropriate. The provision stated in Article 7 (2) Act a quo stated, clemency request shall be filed within one year since the date of binding verdict issued.

Nasrudin explains the provision considers clemency request completion. As known, clemency is forgiveness given by the President to convicts in form of criminal punishment changing, reduction, or abolition. According to him, Act of Clemency provides clemency filing limitation to prevent abundant clemency request.

Moreover, he reveals that the limitation intends to prevent clemency request abuse, because many convicts abuse clemency request to delay court verdict execution.  

“The process of clemency request takes long time and overly bureaucratic, thus Act of Clemency established to regulate clemency request procedure, including on clemency filing that available within one year since the date of binding verdict issued,” said Nasrudin.

Regarding clemency for death convicts, Nasrudin explains that the President wisely considers on criminal offenses that have been done by convicts, moreover if the offenses done repeatedly in form of moral offenses that sadistically done and by planning. 

“Accordingly, the Government disagrees with Applicant’s argument, because clemency request will be piled up and cause legal uncertainty if there is no time limit on clemency filing. Thus, clemency filing time limit stipulated in Act Number 5 Year 2010 is already appropriate,” said Nasrudin.

The House of Representatives is scheduled to give testimony at today’s session, however the session is clashed with the House’s session agenda. The House has sent permission letter regarding the absent. Therefore, the Court reschedules the House of Representatives’ testimony hearing, along with Applicant’s Witness and Applicant’s Expert testimony hearing, on Thursday (22/10) at 2 p.m. (Yusti Nurul Agustin/IR/Prasetyo Adi N)   

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