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Constitutional law expert Andi Muhammad Asrun delivers Applicant’s Expert testimony at judicial review session on Act of Clemency, on Monday (2/11) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

Clemency is one of the President’s constitutional rights and may be used for the sake of humanity. The Constitution doesn’t provide limitation on clemency filing, thus clemency filing time limit regulation is inappropriate and eliminate justice, several Applicant’s Experts deliver the statements at judicial review session on Act Number 5 Year 2010 of Amendment on Act Number 22 Year 2002 of Clemency (Undang-Undang Grasi –UU Grasi), on Monday (2/11) at Plenary Room, the Constitutional Court Building.

Constitutional law expert Andi Muhammad Asrun delivers that clemency granting is a form of justice. According to Asrun, convicts often consider an Act charged to them unjust. Apart of unjust Act, he also argues that court verdict may wrong, thus clemency may be used as correction means. 

“Mistakes may be occurred. The benefit of clemency is to fulfill justice without eliminate convicts’ offense. Clemency grants under consideration that errors occurred on the judgment; sentence period is too long or sentence is too heavy when compare with the degree of convicts’ offense,” said Asrun in front of Justice Panel led by Arief Hidayat.                                                                               

Asrun explains that clemency is the President’s rights in judicial scope and guaranteed by the Constitution. However, convicts are often cannot file clemency request due to clemency filing regulation that stipulated in Act of Clemency.

Citing Article 14 (1) the 1945 Constitution, Asrun says that no limitation in clemency granting. He further says that the Article only regulates on the Supreme Court’s consideration in clemency/rehabilitation granting. Therefore, he assesses that clemency limitation as stipulated in Article 7 (2) Act of Clemency contrary to the Constitution.

“By time limit regulation, justice as an element of law state has been lost. If there is any clash between normative legal certainty with justice, Justices shall prioritize justice. Clemency granting is for the sake of human rights, protection from unjust judicial process, and protection from unjust court verdict that may be come from pressures outside judicial authority, such as Government’s political pressure and people’s pressure,” explained Asrun.

Meanwhile, the Applicant Suud Rusli also summons criminal law expert Firman Wijaya in the session of Case Number 107/PUU-XIII/2015. Delivering Applicant’s Expert testimony, Wijaya says that clemency may be granted with or without particular reasons. He argues that clemency is one of the President’s rights, thus the President may grants clemency by considering at people’s sociological aspects or convict’s sociological aspects. 

In other words, Wijaya says that clemency granting is the President’s constitutional rights. Therefore, it is not related to Justices’ verdict assessment and doesn’t eliminate convicts’ offense. (Yusti Nurul Agustin/IR/Prasetyo Adi N)

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