Government submits new clemency bill
JAKARTA (JP): Minister of Justice and Human Rights Baharuddin Lopa on Tuesday submitted to the House of Representatives a new clemency bill to replace outdated Law No. 3/1950 on Clemency Appeal.
"Currently, there are still some judicial problems in granting clemency. Law No. 3/1950 does not limit how many times people can ask for clemency nor impose a specific time limit for its application," Lopa told the House plenary session, presided over by Deputy House Speaker Soetardjo Soerjogoeritno.
He said that another major problem in the clemency process is the possibility of asking for clemency at the same time as the legal process is underway or involving other institutions in the procedure.
The new bill affirmed that it is the prerogative of the president to grant clemency, and not to change or eliminate legal punishment.
"Clemency granted by the president could reduce the sentence or free a convict, but could not be considered as an absolution or lifting of the legal consequences or punishment against the convict," Lopa said.
He said the draft stressed that the granting of clemency cannot be seen as restoring the convict's reputation or legal status.
"However, before granting a clemency, the president should consider the recommendation issued by the Supreme Court," the minister said.
The bill stipulates certain criteria in an appeal for clemency such as the appeal could only be filed by a convicted person with a minimum five-year jail sentence or a fine of at least Rp 1 billion (US$100,000).
The basic principle proposed in the new bill is that clemency can only be requested once. People facing the death sentence could ask for clemency twice, however, five years after the first request is rejected by the president.
To ask for clemency, a person or his or her representative should submit a written request to the president and the Supreme Court, with formal notification to the court and the prosecutor's office that handled the case.
The court should send a copy of the verdict to the Supreme Court within 30 days after receiving formal notification of the request.
The bill stipulates that the Supreme Court will have six months to give a recommendation to the president, who will have another six months before deciding to grant or reject the request.
Deputy Chairman of the House Commission II on legal and home affairs Ferry Mursyidan Baldan told The Jakarta Post that the draft underlined that clemency is the legal jurisdiction of the president, so other legal institutions should not interfere in the process.
"This is the basic concept for us to discuss the draft," Ferry said.
Also on Tuesday, Minister of Defense Mahfud MD briefed the House on the defense bill that has entered the third discussion session since it was submitted earlier this month.
"Basically, we will accept all kind of inputs and new ideas to further discuss the draft before the House will pass it. We will not force our decision and are open for discussion about the draft," Mahfud said in the session. (dja)