TINJAUAN YURIDIS NORMATIF KEWENANGAN PRESIDEN SEBAGAI KEPALA NEGARA DALAM MEMBERIKAN GRASI (Studi Hak Prerogatif Presiden Memberikan Grasi Terhadap Pelaku Tindak Pidana Terorisme)
| Main Author: | AFFANDI, MUKHTARRUDIN |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2008
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/2623/1/Tinjauan_Yuridis_Normatif_Kewenangan_Presiden.pdf http://eprints.umm.ac.id/2623/ |
Daftar Isi:
- Bomb Blast in Legian at October 12 2002 caused Indonesia became international attention since most of the victims were foreign citizens. Bali Bomb Blast subjects was lead by Imam Samudra, Amrozi, and Ali Gufron. The actions categorized as terrorism crime. The research took statement of problems : 1) How the authority of President as the head of the state in granting clemency to the terrorism suspect according to the adsminitrations law in Indonesia ? 2) How the juridical effect when the clemency granted by President as the head of the state was rejected by terrorism criminals ? The research used juridikal-normative approach, source on Constitutions 1945. The writer collected the data by library study and used qualitative analysis with deductive process of thinking. Prorogative rights of the President in granting clemency based on consultation with the Supreme Court. The authority of President in accepting or rejecting clemency was regulated clearly in Act No. 22/2002 article 4 section (1). The rejection of clemency by the suspect of Bali bomb blast I has juridical implication by the suspect of terrorism crime, where the were executed, but the time didn’t regulate in the clemency Law another act, so if the execution did, the government would break the law. The writer suggest to revise act No.22/2002 about the time of death execution.