JAKARTA - Minister of Law (Menkum) Supratman Andi Agtas said that the President has the right to grant pardon to corruptors, but still through a process of supervision by the Supreme Court (MA) regarding pardons and the House of Representatives (DPR) in terms of granting amnesty.
Supratman also said that perpetrators of corruption or corruptors do not immediately receive amnesty or pardon.
"If granting pardon, it is mandatory to ask for consideration from the MA. While for amnesty, it is to the DPR. This means that there needs to be someone to supervise so that there are considerations from both institutions," said Supratman, Monday, December 23.
The former Chairman of the DPR Legislation Body explained that the Indonesian government will seek maximum punishment for corruptors. In addition, the government also emphasizes the aspect of asset recovery in corruption cases.
"Granting pardon is not in order to allow perpetrators of corruption to be free. Absolutely not. Because the most important thing, for the government and the people of Indonesia, is how asset recovery can run. Then if asset recovery can be good, the return of state losses can be maximized. The President does not consider (pardoning corruptors) to be done immediately," said Supratman.
The Minister of Law said that granting pardons to corruptors or other criminals is the right of the judiciary, but the 1945 Constitution (UUD 1945) gives the president the constitutional right to have such judicial power.
Before the amendment to the 1945 Constitution, the judicial authority attached to the president as head of state was absolute. Then after the amendment to the 1945 Constitution, the president's power was not absolute. The president needs to ask for consideration from the Supreme Court and the DPR.
"Therefore, so that the decisions taken, whether it is pardon, amnesty, or abolition, there is an aspect of supervision. The President does not immediately issue it without considering the two institutions," he said.
In addition to the president, the authority to grant pardons to corruptors and other criminals is also given to the Attorney General's Office through a peace fine. So, both the President and the Attorney General's Office are given space to grant pardons.
"Even without going through the president, it is possible to grant pardons because the new Attorney General's Law provides space for the Attorney General to make peace settlement efforts for corruption cases," said Supratman.
Supratman also said that the process of granting pardons to corruptors is still awaiting further direction from President Prabowo Subianto.
"Therefore, friends can wait for the next concrete steps, after being given direction by the President," he said.
Previously, President Prabowo Subianto in his speech before Indonesian students in Cairo, Egypt, said that his party would give corruptors the opportunity to repent as long as they returned the stolen goods to the state.
The President said that the opportunity to repent was given in the coming weeks and months without mentioning a specific time.
"I am in the context of giving an opportunity, giving an opportunity to repent. Hey corruptors or those who have ever felt they stole from the people, if you return what you stole, maybe we will forgive you. However, return it. "Later we will give you the opportunity to find a way to return it," said President Prabowo in his speech at the Al-Azhar Conference Center Building, Al-Azhar University, Cairo, Egypt, Wednesday (18/12).
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