HAK KONSTITUSIONAL PRESIDEN DALAM MEMBERIKAN GRASI DAN PENERAPANNYA DI REPUBLIK INDONESIA

• Main Author: R. Bagus Irawan, S.Sos., M.H.
• Format: Article
• Language: Indonesian
• Published: Universitas Singaperbangsa Karawang 2016-09-01
• Series: Jurnal Ilmiah Hukum: De'Jure
• Subjects: Granting Clemency
• Online Access: http://journal.unsika.ac.id/index.php/jurnalilmiahhukumdejure/article/view/514
• ISSN: 2442-7578; 2541-1594

In the concept of the law state, idealized that should be the commander in the dynamic life of the state is law. The Government of the Republic of Indonesia based on the Constitution of the Republic of Indonesia Year 1945 is said to embrace the presidential system. Article 14 paragraph (1) The Constitution of the Republic Indonesia NRI 1945 which states that “The President gives of clemency and rehabilitation by taking into consideration MA (Supreme Court)”. Granting clemency by the head of state has long been known in history. Granting clemency as “a statement from the highest authority stating that the consequences under criminal law of an offense it being dispensed, either entirely or partially”. View of current law, the agency can no longer be used as the generosity of the head of state, but it should be used as a tool to eliminate the injustice that is if the applicable law in the enforcement could lead to an injustice. The formulation of the problem in this research is how the president's of clemency power is connected with the perspective of constitutional law in Indonesia and how the implementation of clemency is connected with the interests of the state. This research is analytical descriptive with normative juridical approach. In this case also said that granting clemency is not related to the legal assessment of the court, because of clemency is not the president's interference in judicial matters, but rather a constitutional right to grant a clemency.