Problems Of Granting Amnesty and Abolition by the President for Corruption Crimes

Abstract

Granting amnesty and abolition are included in the progressive rights of the president as stated in Article 14 paragraph (2) of the 1945 Constitution, which states that the president grants amnesty and abolition by taking into account the considerations of the House of Representatives. Granting amnesty in Indonesia is regulated in relation to political crimes based on state interests and humanitarian aspects. However, corruption crimes are not permitted to receive amnesty and abolition because they are extraordinary crimes. The identification of the problems in this study are: First, How is the granting of amnesty and abolition relevant to the crime of corruption? Second, How are the regulations for the limitations of granting amnesty and abolition so that they are not misused. Methodology: The method used by the researcher in this study is normative juridical through a statute approach; a historical approach; a comparative approach; and a conceptual approach. The results of this study indicate that corruption crimes are not relevant to obtaining amnesty and abolition because corruption crimes are crimes against humanity that can damage the state order. There is a need to regulate the limitations on granting amnesty and abolition for corruption crimes (extraordinary crimes) by providing requirements and categorizing crimes that can receive amnesty and abolition through a revision of the Law on amnesty and abolition. The research purpose is to give an analysis on the the granting of amnesty and abolition relevant to the crime of corruption in Indonesia as well as the regulations for the limitations of granting amnesty and abolition to prevent misuse. The scientific contribution from this research is that it provides the latest information on the granting of amnesty and abolition relevant to the crime of corruption.