LEGAL STUDY ON JUDGMENT OF THE CONSTITUTION COURT

NUMBER 107/PUU-XII/2015 TOWARD IMPLEMENTATION OVER

EXECUTION OF DEATH SENTENCE

CHANDRA SAPTAJI

Abstract

This legal study is carried out to discuss the execution of death sentence that must
immediately be carried out against judgment that has become final and binding (in
kracht), but since this criminal judgment is the type of heaviest one, then the convict
usually tried to seek other legal remedy, such as Judicial Review and clemency to
President, namely to ask for apology and pleaded guilty, although the clemency is not
one of the remedies under judicial authority but rather the prerogative right of a
president but it is justified by law in Indonesia. Regulation on limitation over period
to file an appeal for clemency to the President that is one year after a judgment
becomes final and binding has been provided for in Article 7 paragraph (2) of Law
No. 5 of 2010 regarding Amendment of Law No. 22 of 2002 regarding Clemency.
However, the Constitutional Court (MK) based on the wording of judgment No. 107/
PUU-XIII/2015, which was pleaded by Suud Rusli et al finally remove the validity of
Article 7 (2). It means, MK freed the convict to apply for clemency at any time.
Panel of Judges of MK opines that Article 7 (2) of Clemency Law is contrary to the
1945 Constitution and does not have binding legal force. The present of MK judgment
concerned on one hand is favorable to constitutional rights of the death row inmate
who apply for clemency, while also restoring right of the applicant if he wants to file
judicial review (PK) one condition of which is novum, while the time for finding this
novum would not be certain. On the other hand, the judgment of MK concerned could
potentially lead to legal uncertainty which the prosecutors as the executor can not
carry out the execution of the convict due to the postponement by the convict himself
or his family upon his right to Clemency.

Keyword : Judgment of MK Number 107/PUU-XII/2015, Implementation of

Death Execution, Legal Study