CD Skripsi
Analisis Yuridis Kewenangan Presiden Dalam Pemberian Grasi Terhadapat Tindak Pidana Narkotika
Unitary Republic of Indonesia is a country that embraces presidential system of government. In a presidential system of government is there prerogative held by a President as Head of State and Head of Government. One of the prerogatives exist on the authority in granting clemency is not absolute. Granting clemency by the President to the guilty party should be limited, as set out in Article 14 Paragraph (1) of the Constitution of the Republic of Indonesia that, "The President gave clemency and rehabilitation by taking into consideration of the Supreme Court." It also regards the principle of Checks and Balances and the relationship of authority between the president and other state agencies, concerning the granting of clemency
Clemency regulated in Law Number 22 of 2002 and then converted into Law No. 5 of 2010 states that a person sentenced may submit only one clemency appeal for clemency had been denied clemency unless convicted him and two years overdue.
Clemency which was originally to be the prerogative of the President as Head of State, in using its authority with respect to the consideration of other state institutions that hold power in accordance with its authority. The issues raised, namely, how the President authority in granting clemency to the Narcotics Crime Granting clemency must also principles . Where granting clemency granting clemency aims to provide opportunities for inmates to improve themselves and improve their lives and shows him the conviction that a mistake has been done . The author conducted research using the normative literature study in order to obtain secondary data through a document that is by collecting, studying, and analyzing theories and law rules and regulations relating to the subject matter covered Authority of the President in granting clemency consideration of the need to pay attention to the Supreme Court as a judicial institution, so intertwined and mutually supervise each offset between the President and the two state agencies in the implementation of state functions. So with the role of the Supreme Court judgment in granting clemency to the President, provide limits to the President of using kekuasaannnya, so as to avoid excessive granting clemency to the perpetrators of serious crimes.
Tidak tersedia versi lain