Legal Expert: President Can Give Amnesty And Abolition Before Inkrah's Decision

JAKARTA - Criminal law expert, Abdul Fickar Hadjar said Prabowo Subianto had the right to pardon the Secretary General of the PDI-P (PDIP) Hasto Kristiyanto and former Minister of Trade (Mendag) Thomas Trikasih Lembong or Tom Lembong.

This was conveyed by Abdul Fickar when asked about granting amnesty to Hasto and abolition to Tom Lembong. According to him, this forgiveness can be given even though the second verdict has not yet had permanent legal force or inkrah.

Hasto was sentenced to 3.5 years in prison after being found guilty in the bribery case for the interim replacement (PAW) of members of the Indonesian House of Representatives for the 2019-2024 period.

Meanwhile, Tom Lembong was sentenced to 4.5 years and a fine of Rp. 750 million by the judge in a corruption case of sugar imports.

"It can be (given even though the judge's decision has not been signed, ed), that is the authority of the head of state absolutely and constitutionally," Fickar told reporters Thursday night, July 31.

Fickar then explained that the amnesty given to Hasto meant that in addition to forgiveness, punishments that had not been imposed or had been imposed meant to be abolished. "Meanwhile, abolition means stopping the ongoing legal process," he said.

As for Fickar, he said that after granting this amnesty and abolition, Hasto and Tom Lembong must be released immediately. In addition, the evaluation of the performance of the leaders of law enforcement officers must be carried out.

"This means that the president sees these two cases as political backgrounds. Consequently, the president must also evaluate the work of the leadership," said the expert.

"Both must be released," he continued.

As previously reported, the Indonesian House of Representatives approved the granting of amnesty to the Secretary General of PDIP Hasto Kristiyanto who was sentenced to 3.5 years in prison in connection with the bribery case for the interim replacement (PAW) of the PDIP faction of the DPR. This decision is the result of a consultation meeting between the government and the DPR today at the request for consideration and approval of a letter from the President.

"The granting of approval and consideration of the President's letter number R42 Pres 07 2025 dated July 30, 2025 regarding amnesty to 1,116 people who have been convicted is granted amnesty including Hasto Kristiyanto's brother," said Deputy Speaker of the House of Representatives Sufmi Dasco Ahmad, Thursday, July 31.

In addition to Hasto's amnesty, the DPR also gave considerations and approvals for Presidential letter number R43/Pres072025 dated July 30, 2025 regarding the request for consideration of the DPR RI for granting abolition on behalf of Tom Lembong's brother.

"Abolition of Tom Lembong. Pres number R43/Pres 07 2025 dated July 30, 2025, on the consideration of the DPR RI's approval of giving an abolition to Tom Lembong's brother," said Dasco.

Abolition is the elimination or elimination of a criminal event. This term is contained in Article 14 of the 1945 Constitution which regulates the prerogative or the privilege of the president by taking into account the considerations of the DPR RI.