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The Granting of Amnesty and Abolition by The President: The Perspective of Legal Certainty and The Principle of Checks and Balances Bryan Christofer Harefa; Annisa Fitria; Helvis Helvis; Idris Wasahua
Journal of Comprehensive Science Vol. 5 No. 9 (2026): Journal of Comprehensive Science
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jcs.v5i9.4324

Abstract

Article 14(2) of the 1945 Constitution of the Republic of Indonesia gives the President authority to grant amnesty and abolition after considering the House of Representatives (DPR). However, Emergency Law No. 11 of 1954 does not provide sufficiently clear criteria, procedures, limits on presidential authority, or legal consequences, creating a legal-certainty gap. This study analyzes the regulation of presidential amnesty and abolition from the perspective of legal certainty, evaluates the operation of checks and balances through DPR consideration, and formulates a model for a new law to replace Emergency Law No. 11 of 1954. This study uses normative legal research with statute, conceptual, and case approaches. Legal materials were collected through documentary study and analyzed qualitatively using prescriptive analysis to assess the adequacy of the existing framework and formulate a regulatory model. The analysis identifies gaps in eligibility criteria, objective parameters for presidential discretion, DPR deliberation procedures, limitations on categories of offenses, and the legal consequences of amnesty and abolition. The development of practices from 1998–2025 demonstrates that these gaps have become increasingly significant. A replacement law is needed to establish objective criteria, transparent and measurable DPR procedures, limits on presidential discretion, clear legal consequences, and monitoring and evaluation mechanisms. Such a framework would strengthen legal certainty, institutional accountability, and the balance of power among state institutions.