安塔萨里·爱资哈尔的从宽处理:国家行政法纠纷的对象

Ary Muktian Syah
{"title":"安塔萨里·爱资哈尔的从宽处理:国家行政法纠纷的对象","authors":"Ary Muktian Syah","doi":"10.15294/islrev.v6i1.68233","DOIUrl":null,"url":null,"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.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute\",\"authors\":\"Ary Muktian Syah\",\"doi\":\"10.15294/islrev.v6i1.68233\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":156893,\"journal\":{\"name\":\"Indonesian State Law Review (ISLRev)\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-04-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Indonesian State Law Review (ISLRev)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.15294/islrev.v6i1.68233\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Indonesian State Law Review (ISLRev)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15294/islrev.v6i1.68233","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

Antasari Azhar是2009年3月14日Nasrudin Zulkarnaen谋杀案中的智力大脑。受害者在Tangerang打高尔夫球时头部中弹身亡。安塔萨里被拖入最严重的案件,因为有威胁受害者的信息作为证据。Antasari通过他的政党向总统,即Joko Widodo提交了宽恕请求,最终他收到了假释决定,向总统Joko Widodo提交了宽恕请求,最终在2016年Antasari被宣布假释,并在2017年他被释放纯粹是因为与他的宽恕请求有关的请求被总统接受。本文的目的是基于印尼法治国家的视角来探究宽恕为何是一种特殊的法律救济,以及对Antasari Azhar的宽恕是否被纳入国家行政法纠纷的客体。这种研究方法是一种具有定性性质的规范性法律研究方法。然后采用描述性分析方法对数据进行分析。宽恕是一种特殊的法律救济,基于宪法,宽恕本质上是一种以减轻或减轻已作出的刑事判决为形式的赦免。总统以总统令的形式发布的宽大处理是国家行政管理的目标之一,因为其中有一种具有个人、具体和最终性质的声明,它是强加给民事法人或个人的,因此包含宽大处理的总统令可以被起诉。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute
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.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信