Political Analysis of the Granting of Pardons, Amnesty, and Abolition by the President as the Holder of Prerogative Rights
Keywords:
presidential prerogative, president, amnesty, abolitionAbstract
The President's authority to grant prerogative rights as stipulated in Article 14 paragraph (2) of the 1945 Constitution?, and how is the implementation and impact of the President's prerogative rights granted to prisoners?. This study aims to provide a legal-political analysis of the implementation of the President's prerogative rights in granting his prerogative rights and oversight in the process of granting pardons, amnesties, and abolitions. The research method used in this study is descriptive analysis, which aims to analyse and provide an overview of the subject and objects of the study, as well as the results of the research. Based on Article 14 of the 1945 Constitution before it was amended, the President had the authority to grant clemency, amnesty, remission of punishment, and rehabilitation. After the first amendment to the 1945 Constitution, this provision underwent minor changes, namely that in granting pardons and rehabilitation, the President must consider the recommendations of the Supreme Court, and in granting amnesty and remission of punishment, the President must consider the recommendations of the People's Representative Council, The President's prerogative to grant clemency, amnesty, abolition, and rehabilitation is part of Indonesia's legitimate and constitutionally recognized constitutional system.
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