Differences In Grasion And Amnesty In Sanitation Of Criminal Sentences

YOGYAKARTA - The public is discussing the granting of forgiveness for corruptors. The hot topic stems from Yusril Ihza Mahendra's statement that there are a number of corruptors who have the potential to receive clemency, amnesty, and abolition. So what are the differences in clemency and amnesty?

The Coordinating Minister for Law, Human Rights, Immigration and Corrections said that a number of corruptors could get a penalty with one of the conditions that they had to compensate for state losses first. The clemency and amnesty policy is the prerogative of the president with the consideration of the Supreme Court or the DPR.

Grasion and amnesty are two terms that often appear in the discussion of criminal cases, especially in relation to the reduction or elimination of a person's sentence. So what are the differences in clemency and amnesty, and the provisions?

Grasi is a form of forgiveness given by the President to convicts to reduce or abolish the sentence imposed by the court. Grasion is regulated in Article 14 paragraph (1) of the 1945 Constitution and further described in Law Number 5 of 2010 concerning Grasion.

The clemency application was made by the convict or his attorney after the court's decision had permanent legal force (inkracht van gewijsde). Grasi is often given on humanitarian grounds, for example to convicts who are elderly, seriously ill, or other reasons deemed worthy of forgiveness.

Gracessary Characters:

Amnesty is a pardon given by the President to groups of people or individuals for certain crimes that are generally political. Amnesty is regulated in Article 14 paragraph (2) of the 1945 Constitution. In contrast to clemency, amnesty not only removes punishment, but also removes a person's criminal status.

The process of granting amnesty must get consideration from the House of Representatives (DPR). Amnesty is often given in the context of resolving political conflicts or national reconciliation, as has been given to perpetrators of criminal acts of treason or separatism.

Amnesti's characteristics:

The terms clemency and amnesty are often considered similar because they are both related to forgiveness or leniency of punishment. However, legally, clemency and amnesty have significant differences, both in terms of definition, process, and application.

Here are some differences in clemency and amnesty that are pentin to understand:.

Grasi: Article 14 paragraph (1) of the 1945 Constitution and Law no. 5 of 2010.

Amnesty: Article 14 paragraph (2) of the 1945 Constitution.

Grasi: Convicted with a permanent legal decision.

Amnesty: Individuals or groups, do not always have to have a permanent legal decision.

Grasi: Submitted by the convict to the President through the Supreme Court.

Amnesty: No need for individual submissions; is the President's policy.

Grace: Reducing or removing criminal penalties.

Amnesty: Removing criminal status and punishment.

Grasi: The decision is entirely in the hands of the President after considering the opinion of the Supreme Court.

Amnesty: Requires DPR approval.

Such is the review of differences in clemency and amnesty and their provisions. Gracess is given to individuals with the aim of reducing or removing penalties, while amnesty aims to remove criminal status and is usually related to political crimes. Also read Prabowo's administration prepares a draft abolition and amnesty.

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