Petitioners attending the Petition Revision Hearing of Case No. 252/PUU-XXIII/2025 on the material judicial review hearing of Law No. 5 of 2010 in the Amendment to Law No. 22 of 2002 on Clemency, Friday (9/1/2026). Photo by MKRI/Bay

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Jakarta (MKRI) – The Constitutional Court resumed the material judicial review hearing of Article 2 paragraph (2) of Law No. 5 of 2010 on the Amendment to Law No. 22 of 2002 on Clemency (Clemency Law) against the 1945 Constitution of the Republic of Indonesia on Friday, January 9, 2026. Petition No. 252/PUU-XXIII/2025 was filed by Windu Wijaya, an advocate. The Petition Revision Hearing was presided over by Chief Justice Suhartoyo, along with Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah.

Article 2 paragraph (2) of the Clemency Law states, “The criminal sentences for which clemency may be requested as referred to in paragraph (1) are the death penalty, life imprisonment, or imprisonment for a minimum of 2 (two) years.” he Petitioner challenges the provision on the basis that it limits clemency petitions to only those convicted of the death penalty, life imprisonment, or imprisonment for a minimum of two years. According to the Petitioner, this provision imposes a requirement not stipulated in the Constitution.

During the petition revision hearing, the Petitioner stated that he had revised the description of the constitutional loss by adding an explanation in the argument section of the petition.

“For the petition's reasoning, the Petitioner added several arguments stating that convicts remain citizens who must be treated humanely and civilly, including those sentenced to less than two years' imprisonment, are entitled to justice. Justice is not only for convicts serving severe or long-term sentences; it must be enjoyed by all citizens without discrimination. The granting of equal rights to all convicts, including the right to apply for clemency, is seen as a form of respect for the principles of humanity, human rights, and equality before the law,” he stated.

In the petitums, the Petitioner requested the Court to declare Article 2 paragraph (2) of the Clemency Law contradicts the 1945 Constitution and has no legally binding force.

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Clemency Restrictions Deemed Discriminatory

During the preliminary hearing on Wednesday, December 17, 2025, the Petitioner explained that Article 2 paragraph (1) of the Clemency Law grants every convicted person the right to petition the President for clemency regarding a court decision that has permanent legal force. However, the restrictions in paragraph (2) are considered to have changed clemency from a right inherent in every convicted person into a right applicable only to certain categories of people.

The petitioner also considers this provision to be contrary to Article 14 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which states that the President shall grant clemency with due regard to the considerations of the Supreme Court. This constitutional provision is considered to be final and does not allow for restrictions based on the type or length of the sentence.

In addition, the Petitioner considers that this restriction causes constitutional harm because it reduces the authority of the President as the holder of the prerogative right of clemency. With the existence of Article 2 paragraph (2) of the Clemency Law, the President is considered to no longer have full authority to consider all clemency petitions, but is limited to certain categories of convicts.

As an advocate, the Petitioner also claims to have suffered direct losses as a result of the enactment of this norm. According to him, this restriction denies prisoners sentenced to less than two years access to clemency, thereby preventing the Petitioner from optimally performing his professional duties in providing legal assistance to all prisoners.

n his petition, the Petitioner also mentioned the practice of granting clemency by the President, which has been used as an instrument of criminal correction. Among others, President Susilo Bambang Yudhoyono granted clemency to Schapelle Leigh Corby in the form of a reduction in her sentence, as well as changing Meirika Franola's death sentence to life imprisonment. During the era of President Joko Widodo, pardons were also granted to a number of death row inmates, Papuan political prisoners, and former KPK Chairman Antasari Azhar.

However, since the enactment of Article 2, paragraph (2), of the Clemency Law, the Petitioner considers that there has never been a request for, or a grant of, clemency to convicts with sentences of less than two years, even though the court's decision has permanent legal force. This condition is considered unlawful discrimination and a denial of access to justice for some citizens.

Case tracking: Petition No. 252/PUU-XXIII/2025

Author: Utami Argawati
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina

Translator: Rizky Kurnia Chaesario

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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