Tommy's remission illegal<\/p>\n
From Koran Tempo<\/p>\n
Minister of Justice and Human Rights Yusril Ihza Mahendra has
\nmisinterpreted the definition of remission, or sentence
\nreduction, in the case of Tommy Soeharto. His misinterpretation
\nlies in the phrase \"as of the date of detention\" in Article 7
\nsub-article 1 of Presidential Decree No. 174\/1999, which fully
\nreads as follows: \"The calculation of the length of the period in
\nwhich the sentence is served as a basis on which the length of
\ngeneral remission is determined shall begin as from the date of
\ndetention up to the day on which the Proclamation of the
\nIndependence of the Republic of Indonesia is commemorated on Aug.
\n17.\"<\/p>\n
The minister should have taken into consideration Article 4 of
\nPresidential Decree No. 174\/1999, which clearly states as
\nfollows: (1) The length of general remission shall be 1 (one)
\nmonth for convicts and juvenile convicts who have already served
\nfrom six months to 12 months of their sentence; and two more
\nmonths for convicts and juveniles who have already served more
\nthan 12 months of their sentence.<\/p>\n
As for special remission, this must be referred to Article 5.
\nThis article clearly states that remission shall be granted only
\nto convicts, not suspects or defendants. Apart from being used in
\nthe case of convicts, the term \"detention\" is also used in the
\ncase of suspects and defendants.<\/p>\n
So the phrase \"as of the date of detention\" in Article 7 sub-
\narticle 1 shall mean -- in Tommy Soeharto's case --: \"as of the
\ndate of the detention of Tommy Soeharto as a convict (less than
\none week before Aug. 16)\", and not to be calculated from the date
\nof his detention as a suspect or a defendant.<\/p>\n
Minister Yusril must account for this error, which clearly
\nresults from his failure to heed Presidential Decree No.
\n174\/1999.<\/p>\n
I'm not against the granting of remission for Tommy per se,
\nbut this is a legal matter which needs straightening out and must
\nbe properly dealt with. So, the remission granted (this year) to
\nTommy Soeharto must be rendered null and void.<\/p>\n
ATILLA GRAZIANI SJAFEI, Bandung<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/tommys-remission-illegal-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }