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

Andryan, Andryan and Purnama, Eddy and Suhaidi, Suhaidi and Nasution, Faisal Akbar (2021) Prerogative Right of the President in Granting Pardon (Comparative Analysis on a Number of Countries). In: ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia.

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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.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: prerogative rights president pardon a number of countries
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 10 Nov 2021 14:21
Last Modified: 10 Nov 2021 14:21

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