Grasi

Grasi is a form of clemency in Indonesia, a discretionary act by the President that can alter the consequences of a criminal conviction. It may reduce a sentence, commute all or part of a sentence, or suspend punishment, and can include restoration of certain civil rights lost due to conviction. The act is granted on individualized grounds and is distinct from amnesty, which typically applies to groups or broad categories of offenses.

Legal basis and process: The President’s grant of grasi is part of the executive prerogatives and is exercised through official channels, usually following a formal petition filed by the convicted person or their representative. The request is typically routed through the Ministry of Law and Human Rights and the Presidential Office. The President may grant, refuse, or defer a grasi decision. Factors commonly considered include humanitarian concerns (ill health, age), length of imprisonment, conduct in custody, time served, and national or public interest.

Scope and limitations: A grasi decision does not automatically erase a conviction from all records, and its practical effects depend on the specific decree issued. Grasi is one instrument among several clemency mechanisms in the Indonesian system and reflects a balance between judicial outcomes and executive mercy. It is separate from both general amnesty and judicial appeals in meaning and application.

Origin and terminology: The term grasi derives from the Dutch word gratie and has been retained in Indonesian law since the colonial era. Today, it remains a constitutional prerogative of the president, used sparingly and subject to evolving legal procedures and political considerations.