Analisis Tentang Pemberian Grasi Pelaku Tindak Pidana Narkotika

Abstract

The purpose of this research is to discuss the legal basis for the application of clemency is and what are the reasons behind granting clemency considering that this clemency often causes pros and cons because cases related to granting clemency are usually severe cases that are considered very disturbing to the community. In addition, another purpose of this research is to discuss the juridical review of granting clemency to narcotics criminals. The cases reviewed are the narcotics cases of the convicts Deni Setia Maharwan and Schapelle Leigh Corby. The law actually only regulates who has the right to produce and sell narcotics. And those who violate will be penalized. This type of research is normative law with a statue approach and a case approach. From the discussion carried out, the results of the study revealed that a request for clemency could only be submitted by a person sentenced to death, sentenced to life imprisonment and sentenced to a prison sentence of at least 2 years. Requests and grants for clemency are regulated in Law No. 2 of 2010 as an amendment to Law No. 22 of 2002. Granting clemency is the prerogative of the president. The basis for granting clemency itself is not clearly regulated what are the reasons underlying the application to be granted. For the convict Setia Maharwan because he is considered not a drug lord and still has debt dependents and a wife as a teacher and one child. As for the convict Schapelle Leigh Corby because he was often sickly while in prison. Reflecting on the two cases above, the main reasons for granting clemency are aspects of humanity and justice. So that the granting of clemency is really carefully considered and takes a long time to be judged to fulfill the aspect of justice for the convict, the people, and other convicts with the same case who also applied for clemency.