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PEMBERIAN GRASI OLEH PRESIDEN BAGI TERPIDANA ANTASARI AZHAR

MIMBAR YUSTITIA

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Field Value
 
ISSN 2580-457X
2580-4561
 
Authentication Code dc
 
Title Statement PEMBERIAN GRASI OLEH PRESIDEN BAGI TERPIDANA ANTASARI AZHAR
 
Personal Name Santoso, Bagus Teguh
Universitas Bhayangkara Surabaya
 
Summary, etc. Clemency and rehabilitation as the pardoning belong to the President’s prerogatives based on the attributie and discretion authority in consideration to endorse or to reject them. In the implementation of the prerogatives of the Presidential Decree (beschikking), the President should impose it wisely (guided by Principles of Algemene Beginselen Van Behoerlijk Bestuur) and by the concept of law (rechtmatigeheid). But in fact, politically there was “abuse of power” (detournement de povoir) and as if it were the President’s prerogatives in the field of discretion. It can be seen from the endorsement of Antasari Azhar clemency through the Presidential Decree No. 1 / G / 2017 dated on January 16, Th 2017, whereas in Antasari Azhar previous application for the clemency was rejected by the President pursuant to the Presidential Decree No.27 / G / 2015 dated on 27 July, Th  2015. As we all know the clemency application may strictly be purposed merely (1) onces (lex stricta, lex scripta, lex certa) as stipulated in Article 2 paragraph (3) of the Act No. 22 of 2002 as amended by the Act No. 5 of 2010 about clemency.
 
Publication, Distribution, Etc. universitas islam darul ulum lamongan
 
Electronic Location and Access application/pdf
http://e-jurnal.unisda.ac.id/index.php/mimbar/article/view/566
 
Data Source Entry MIMBAR YUSTITIA; Vol 1 No 1 (2017): Juni 2017
 
Language Note eng
 
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