Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Prerogative Right of the President in Granting Pardon (Comparative Analysis on a Number of Countries)

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312594,
        author={Andryan  Andryan and Eddy  Purnama and Suhaidi  Suhaidi and Faisal Akbar Nasution},
        title={Prerogative Right of the President in Granting Pardon (Comparative Analysis on a Number of Countries)},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={prerogative rights president pardon a number of countries},
        doi={10.4108/eai.29-6-2021.2312594}
    }
    
  • Andryan Andryan
    Eddy Purnama
    Suhaidi Suhaidi
    Faisal Akbar Nasution
    Year: 2021
    Prerogative Right of the President in Granting Pardon (Comparative Analysis on a Number of Countries)
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312594
Andryan Andryan1,*, Eddy Purnama1, Suhaidi Suhaidi1, Faisal Akbar Nasution1
  • 1: Universitas Sumatera Utara
*Contact email: andryan@umsu.ac.id

Abstract

President’s prerogative rights are derived from special and independent rights with-out involving other branches of power. We need to observe state administrative norms in some countries in the world relating to the president’s pardon granting authority. This research applies the normative judicial method with conceptual and comparative approaches aimed to see the history and application of prerogative rights in a number of countries, especially the president’s prerogative right in pardon granting. Pardon is a valid executive action to entirely or partially release the legal consequence of a guilty verdict on a criminal act committed by a person. The authority to grant clemency or pardon is often included in the scope of the king or president’s prerogative rights. The involvement of other branches of power in the pardon granting mechanism shall not automatically reduce the president’s power (prerogative). Almost all modern countries tend to adopt a government system that attempts to place all governance models. In some countries, the head of state’s pardon power is explicitly called prerogative right, though the involvement of other branches of power remains possible in its mechanism.