ANALISIS HAK KONSTITUSIONAL PRESIDEN DALAM BIDANG YUDISIAL: DINAMIKA PENGATURAN GRASI TERHADAP PELAKU TINDAK PIDANA DAN STUDI KASUS

Abstract

Indonesia implements a presidential system of government, meaning the president has dual duties and powers: head of state and head/leader of government. In a presidential system, the president has the prerogative to grant clemency, namely the pardon of court decisions. However, this authority is not absolute. To prevent the concentration of power in one hand, the constitution limits the president's authority through certain mechanisms. Article 14 paragraph (1) of the 1945 Constitution of the Republic of Indonesia stipulates that the president must consider the opinion of the Supreme Court before granting a pardon, reflecting the principle of checks and balances in Indonesian constitutional law. Further provisions regarding clemency are further clarified in Law Number 5 of 2010. In practice, many convicts request clemency/pardon from the Indonesian president, and this often sparks public debate regarding the limits of the president's authority in the judicial realm.