Sinaga, Andi Sahputra (2021) Analisis Yuridis Pemberian Grasi Bagi Terpidana Berdasarkan Perspektif Keadilan Dalam Sistem Peradilan Pidana Indonesia. Other thesis, Universitas Islam Riau.
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Abstract
ABSTRACT Granting clemency is the prerogative of the President. The existence of clemency as absolute and absolute power can change the decision of a judge who has permanent power. With the amendment of the 1945 Constitution, this power is no longer independent because it is exercised by taking into account the considerations of the Supreme Court. The problem that becomes a study in this research is how to grant clemency by the president to convicts based on the Indonesian criminal justice system and what is the ideal arrangement for granting clemency by the president to convicts based on the perspective of justice in the criminal justice system in Indonesia. This study uses a normative research method with a statutory approach, a conceptual approach and a comparative approach. The type of data used is secondary data, which consists of primary, secondary and tertiary legal materials obtained through literature study. The data obtained from the literature study were analyzed descriptively. The research results show that, first, granting clemency is the President's prerogative right on the basis of humanity and justice. the condition for consideration of increasing the Supreme Court's role in implementing the checks and balances mechanism, but not reducing the power of the President. Clemency is granted to the petition of a convict who is a citizen in obtaining justice and is not related to an assessment of a court decision and also cannot eliminate the guilt of the convict. Second, the implementation of clemency in the United States, Canada and the Philippines is different from that in Indonesia, the three countries already have operational standards for granting clemency and are carried out without consideration from other branches of power institutions.
| Item Type: | Thesis (Other) | |||||||||
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| Uncontrolled Keywords: | Application - Clemency - Convicted | |||||||||
| Subjects: | K Law > K Law (General) K Law > K Law (General) |
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| Divisions: | > Ilmu Hukum S.2 | |||||||||
| Depositing User: | Budi Santoso S.E | |||||||||
| Date Deposited: | 24 Aug 2022 10:19 | |||||||||
| Last Modified: | 24 Aug 2022 10:19 | |||||||||
| URI: | http://repository.uir.ac.id/id/eprint/14234 |
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