DASAR PERTIMBANGAN PEMBERIAN GRASI TERHADAP TERPIDANA NARKOTIKA (STUDI KASUS SCHAPELLE LEIGH CORBY

HASIBUAN, ALFRED P.S (2015) DASAR PERTIMBANGAN PEMBERIAN GRASI TERHADAP TERPIDANA NARKOTIKA (STUDI KASUS SCHAPELLE LEIGH CORBY. Jurnal Ilmu Hukum. p1-16.

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Abstract

Clemency is one of President Prerogative Rights and regulated in Law No.22 of 2002 about Clemency. Clemency is forgiveness from the President by changing, relieving, or erasing the punishment of a criminal. However, when giving a clemency President has to take Supreme Court’s consideration into account. Problem we faced about clemency is when clemency is given to narcotic drugs crime which is an extra ordinary crime like what happened to Schapelle Leigh Corby. He gets a prison punishment reduction by five years with a humanity factor as a consideration. Clemency should be given based of explicit and appropriate explanations and according to the Law; therefore there will be no abuse of the law by the authorities. It is true that sometimes clemency can be given based of humanity and justice factors. However, the Law does not regulate about what kind of criteria is included in those humanity and justice factors and it will just emerge the sense of injustice from the society when clemency is given to the criminals, especially narcotic drugs criminals.

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