Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute

Abstract

Antasari Azhar as the intellectual brain in the murder case of Nasrudin Zulkarnaen on March 14 2009. The victim was shot dead in the head while playing golf in Tangerang. Antasari was dragged into the worst case because there were messages containing threats against the victim as evidence. Antasari through his party submitted a request for clemency to the President, namely Joko Widodo, and in the end he received a parole decision to submit a request for clemency to President Joko Widodo, finally in 2016 Antasari was declared parole, and in 2017 he was released purely because the request related to his clemency was accepted President. The purpose of this paper is to find out how clemency is a special legal remedy based on the perspective of the Indonesian legal state and to find out whether the granting of clemency to Antasari Azhar is included in the object of state administrative law disputes. This research method is a normative juridical research method with a qualitative nature. Then the data were analyzed using descriptive analytical methods. Clemency is a special legal remedy, based on the constitution, clemency is essentially a form of pardon in the form of reducing or mitigating the criminal verdict handed down. Clemency issued by the President in the form of a Presidential Decree is one of the objects of state administration because in it there is a statement that has an individual, concrete and final nature which is imposed on a civil legal entity or a person, therefore a Presidential Decree containing clemency can be sued.