Legal Politics of the President's Grant of Lesion Based on the Perspective of Justice and Humanity in the Indonesian Judicial System

Abstract

This research aims to explore and understand the legal politics behind granting a Pardon by the President of Indonesia in the justice system and the factors influencing the decision to grant a Pardon. The research method used is normative legal research, which focuses on positive legal analysis, legal principles, and legal doctrine. The approach used includes a statutory approach to analyze related regulations and a conceptual approach. The research results show that Granting a Pardon by the President is a constitutional right that the President has without interference from other institutions. After the amendment to the 1945 Constitution of the Republic of IndonesiafourthSometimes there are restrictions on the President's powers, which are considered too broad, and to prevent authoritarianism from the President. In line with these changes, especially in granting pardons, the President must pay attention to the considerations of the Supreme Court. This is not an intervention by the President in the Judiciary institution. However, with a checks and balances mechanism, the President has the basis for consideration from the institution concerned even though the decision to grant it is purely based on the President's constitutional rights.