JAKARTA - Deputy Chairperson of the Gerindra Party, Habiburokhman said that granting amnesty to the Secretary General of PDIP, Hasto Kristiyanto was for the benefit of the state. Including giving abolition to the former Minister of Trade, Tom Lembong.
According to him, granting amnesty and abolition to the two people is the right decision, and in accordance with the constitution.
"Article 14 paragraph (2) of the 1945 Constitution clearly stipulates that the President has the right to grant amnesty and abolition. If referring to the explanation of Article 14 of the 1945 Constitution before the amendment, it is stated that the regulation is a consequence of the position of the President as Head of State," said Habiburokhman, Friday, August 1.
"Thus, the consideration of making the decision is ensured for the benefit of the nation and state," he continued.
The chairman of Commission III of the DPR explained that technically the granting of amnesty and abolition was based on Law Number 11 of 1954 concerning the Granting of Amnesty and Abolition.
"Regarding amnesty and abolition, this has actually been the theme of the DPR's discussion for a long time, especially since 2019. The fact that there is an overcapacity has indeed been very serious. On average, each LP has an overcapacity of up to 400 percent. More than half of the residents of the LP are mostly narcotics users," he explained.
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The granting of amnesty, according to Habiburokhman, will certainly be very effective in overcoming this oevercapacity. Especially since 2023, the new Criminal Code has been ratified which contains the latest values, namely rehabilitation, corrective and restorative justice.
"This means that our approach to criminal law events is no longer just punishment, but has shifted to the process of social reintegration and recovery of victims," he said.
In the case of Hasto Kristiyanto and Tom Lembong, Habiburokhman emphasized that President Prabowo did not intervene in the work of law enforcement officers, but took over the resolution of legal and political issues in a constitutional manner.
"We know that in these two cases both do not enrich themselves and do not take state money, beyond these considerations we understand that President Prabowo must have even greater considerations for the benefit of the nation and state," he said.
Habiburokhman said that solving legal problems using the prerogative of the President was not the first time this had been done.
At that time, he added, President Soekarno gave general amnesty by imposing Law Number 11 of 1954. Then President Suharto granted clemency, including to comedian Gepeng Srimulat in the 1990s.
Then President BJ Habibie and President Abdurrahman Wahid or Gus Dur granted amnesty to a number of TApos.
"Megawati, SBY and Jokowi have also used this prerogative," concluded Habiburokhman.
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