Legal Literacy - In legal and political news in Indonesia, the terms abolition and amnesty often appear together. Both are the prerogative of the President who has great power to intervene in the judicial process. However, many parties are still confused: what exactly are abolition and amnesty, what is the difference, and—most importantly—does accepting it automatically mean someone admits their guilt? This article dissects it briefly but comprehensively.

What Is Abolition?

Abolition isthe elimination or termination of prosecutionagainst someone before the case obtains a court decision that isinkracht van gewijsde. In other words, the President decides to stop the ongoing investigation or prosecution.
  • Focus: stopping the process (subject of the case).
  • Granting Time: when the legal process is ongoing, before there is a final decision.
  • Legal Consequences: the case is closed; suspect/defendant status is nullified.
  • Constitutional Basis: Article 14 paragraph (2) of the 1945 Constitution — "The President grants amnesty and abolition with due consideration from the House of Representatives."
Since there is no verdict yet, the presumption of innocence remains with the recipient of the abolition.

What Is Amnesty?

Amnesty isgeneral pardonwhich removes all criminal legal consequences from anact. The State—through the President—chooses to “forget” the crime for a broader purpose, such as political reconciliation.
  • Focus: removes the legal consequences of his actions.
  • Granting Time: before, during, or after a court decision, including after the decision is inkracht.
  • Legal Consequences: the verdict is nullified; criminal records are erased; criminal execution is canceled. The decision remains, but can no longer be executed.
  • Constitutional Basis: Article 14 paragraph (2) of the 1945 Constitution, with the consideration of the DPR.
Amnesty is commonly granted for politically charged crimes—for example, amnesty for DI/TII political prisoners, the Aceh movement, or to quell social unrest for the sake of national reconciliation.