CLEMENCY (GRASI)

a. Definition
Clemency is defined as the pardon in the form of alteration, leniency, reduction, or
nullification of criminal execution against the convict granted by the President (see
Article 1 sub 1 of Law Number 22 of 2002 regarding Clemency, as amended under
Law Number 5 of 2010 [“Clemency Law”]).

b. The Scope of Clemency

A convict may file an application for Clemency to the President against a final and
binding criminal court decision (see Article 2 paragraph (1) of the Clemency Law).
Such application can only be filed—one time only—against a death sentence, a life
time imprisonment, or a minimum 2 years of imprisonment sentence (see Article 2
paragraph (2) and (3) of the Clemency Law).

The president has the right to accept or to reject Clemency petition after receiving
Supreme Court’s consideration (see Article 4 paragraph (1) of the Clemency Law). If
the President grants the petition, the Clemency granted by the President may come
in the form of:

1. leniency or alteration to the type of criminal punishment;

2. reduction of the criminal penalty; or
3. nullification of criminal execution.
(see Article 4 paragraph (2) of the Clemency Law)

c. The Procedure to File for Clemency

Clemency Petition can be filed by the convict or his legal attorney to the President
against a legal and binding court decision. Such petition can also be filed by the
convict’s family with approval from the convict (see Article 6 paragraph (2) and (3)
of the Clemency Law).

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 The petition can be filed as of the court decision is becoming final and binding until
one year after the decision (see Article 7 of the Clemency Law). However, since June
15, 2016, the one-year time limitation to file for Clemency Petition was declared to
be contrary to the 1945 Constitution, therefore it no longer has any binding effect
(see Constitutional Court Decision No. 107/PUU-XIII/2015, dated June 15, 2016).
Having said the foregoing, now, there is no time limitation to file for Clemency
Petition.

d. The Likelihood of Clemency Petition Being Granted

The possibility for a President to grant Clemency is cannot be determined. However,
there are some precedents in which Clemency Petition were granted by the
President:

1. Eva Susanti Bande1

Eva is an Activist who fought for farmer’s right in Central Sulawesi. She was
sentenced to four years of imprisonment for inciting residents to protest that led
to the destruction of PT Kurnia's assets, a palm oil’s company who were in
dispute with local resident over land issue.

On December 22, 2014, President Jokowi granted Clemency Petition filed by Eva.
In granting the Clemency, President Jokowi was considering Eva’s role to fight for
farmers right against palm oil plantation company.

2. Syaukani Hassan Rais2

This former Kutai Kartanegara’s Regent had six years’ imprisonment sentenced
by the Corruption Court for four corruption cases. On August 15, 2010, after only
serving prison time for three years, Syaukani received Clemency granted by
President Susilo Bambang Yudhoyono in the form of penalty reduction and was
released immediately afterwards. Humanity was said to be the reason for the
President to grant Clemency, since Syaukani at that time was declared
permanently blind.

1
“Alasan Joko widodo Beri Grasi ke Eva Susanti Bende”. Tempo.co. December 22, 2012. Web.
July 31, 2017
2
“Presiden Kabulkan Permohonan Grasi Syaukani”. Tempo.co. August 19, 2012. Web. July 31,
2017
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 3. Antasari Azhar3
Antasari, a former Chief of KPK (Anti-Corruption Agency), received six-years of
penalty reduction after his Clemency Petition granted by President Joko Widodo
on January 2017. Previously, he was sentenced 18-years imprisonment for
murder case.

It is not clear what was the reason behind President Joko Widodo’s decision, but
according to Yasona Laoly, Minister of Law and Human Rights, there was
something fishy about the case.

4. Schapelle Corby4
Corby, an Australian citizen, was sentenced 20-year imprisonment for illegal
marijuana possession. In 2012, Corby’s clemency petition was granted by
President Susilo Bambang Yudhoyono who was giving 5-year sentence reduction.
After the granting, Corby was becoming eligible for parole.

There was no clear reason as to why the President were granting Corby’s
Clemency Petition amid of President’s commitment to fight against illegal drugs.
Marty Naralegawa, Foreign Minister at that time said that Indonesian need to
aware that there are also Indonesian who are involved in drugs cases overseas.
This statement was than rumored that the government was trading of Corby with
Indonesian convicted overseas.

5. Five members of Free Papuan Movement Organization

President Joko Widodo announced on May 2015 that he granted Clemency to five
members of Free Papuan Movement Organization who were sentenced to
imprisonment after proven guilty of attacking military facility in Wamena, Papu

3
“Grasi Antasari Dikabulkan, Menkum: Ada Sesuatu di Kasus Beliau”. News.detik.com.
January 25, 2017. Web. July 31, 2017
4
“Grasi Untuk Terpidana Narkotika Atas Alasan Kemanusiaan”. voaindonesia.com. October
16, 2012. Web. July 31, 2017
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in 2003. At his speech during the announcement, he said that the Clemency was
given as part of government effort to settle conflict in Papua.