CD Skripsi

Penataan Mekanisme Pemberian Grasi Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

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In Article 14 paragraph 1 of the 1945 Constitution of the Republic of
Indonesia stipulates that the President has the right to grant clemency by taking
into account the considerations of the Supreme Court. Clemency is a pardon in
the form of amendment, mitigation, reduction or elimination of the
implementation of a verdict given to convict by the president. The process of
granting clemency in Indonesia is more fully regulated through Law Number 22
of 2002 concerning Clemency as amended by Law Number 5 of 2010. Even
though the process of granting clemency has been regulated by law, the granting
of clemency issued by the President through a Presidential Decree is still many
have caused polemics in society.
This type of research can be classified as a type of normative legal
research that is descriptive in nature, which clearly describes the concept of
granting clemency and the philosophy of a clemency if it is linked to the theory of
the rule of law, justice and legal reform. The data source used is secondary data
consisting of primary legal materials, secondary legal materials and tertiary legal
materials. The data collection technique in this research is the literature review
method, after the data is collected then it is analyzed to draw conclusions.
From the results of this study, there are two main points that can be
concluded. First, the concept of granting clemency in Indonesia and the problem
in the form of public criticism of the President after the issuance of clemency for
perpetrators of narcotics, corruption and violence against children. Second, this
research will provide a better ideal concept in the process of granting clemency in
Indonesia in the form of limiting the types of criminal acts that cannot be granted
clemency, a press conference by the President after granting clemency and
considering the Presidential Decree on clemency as beschikking. The researchers'
suggestions are, first to update the Clemency Law. Second, a constitutional
convention to regularly provide information related to clemency through press
conferences. Third, making the Presidential Decree a State Administrative
Decree.
Keywords: Granting Clemency - President's Power - Justice

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 120 (0008)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – Hukum Tata Negara., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 120 (0008)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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