Government submits new clemency bill

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clemency bill to replace outdated Law No. 3/1950 on Clemency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)