Understanding, Different And Legal Impact Amnesty And Abolition

YOGYAKARTA President Prabowo Subianto proposed a pardon or amnesty to the Secretary General of PDIP Hasto Kristiyanto who was sentenced to 3.5 years in prison. In addition, the President also proposed an abolition to Tom Lembong. Regarding the President's submission, the DPR approved the granting of Amnesti Hasto Kristiyanto and Abolisi Tom Lembong. Apart from this case, the public needs to know the understanding, different and legal impact of amnesty and abolition.

Amnesty and abolition are two forgivenesss recognized in the legal system in Indonesia. However, both forms of forgiveness can only be given by the President on condition that he gets approval from the DPR. In addition, the granting of the two pardons must also be based on the interests of the state.

The terms amnesty and abolition are described in the Emergency Law of the Republic of Indonesia Number 11 of 1954. Unfortunately, the definition of what is amnesty and abolition is not regulated in detail.

In the online Big Indonesian Dictionary (KBBI), clemency is defined as forgiveness given by the head of state to people who have been sentenced. Meanwhile, the abolition is interpreted as the elimination of criminal events.

In a book entitled Correctional Law and Penintensier, the word clemency comes from Latin, namely the parliament which means in Indonesian is forgiveness. Gracy is not a legal effort regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code. Gracess is included in the prerogative of the president who can choose to forgive convicts who violate the rules with permanent legal force.

Meanwhile, the word abolition is an absorption from the word English, namely the abolition, namely eradication elimination. Understanding abolition can also be understood as a decision to complete an investigation or re-appointment of cases whose courts have not made a decision.

Both amnesty and abolition, both are given to someone who stumbled on a criminal case. The difference between the two is that an amnesty is given to someone who has the status of a convict. Amnesty recipients are people who are serving their sentence. Meanwhile, abolition is given to people who have not served a period of detention.

In addition, amnesty can be given to a group of people. Different, subscriptions can only be given to individuals for certain cases.

The granting of amnesty and abolition also has a legal impact on the recipient. The convict who gets amnesty will get the removal of the legal consequences he receives. Meanwhile, the impact of the abolition law is the termination of the case investigation or the elimination of prosecution.

The granting of amnesty and abolition in Indonesia is nothing new. Apart from Prabowo, several Indonesian presidents have given these two forms of forgiveness with different cases.

For example, President BJ Habibie once issued Presidential Decree No. 80/1998 on May 24, 1998. In the Presidential Decree, Habibie granted amnesty and abolition to two of his political opponents, namely Sri Bintang Pamungkas and Muchtar Pakpahan.

On another occasion, Habibie also granted amnesty and abolition to Papuan police chief Hendrikus Kowip, Kasiwirus Iwop, and Benedict Kuawamba.

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