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January 8, 2025 | 07:58 pm
TEMPO.CO, Jakarta - The Institute for Criminal Justice Reform (ICJR) reacted to a statement by Minister of Law Supratman Andi Agtas about releasing data on 44,000 prisoners eligible for amnesty. While agreeing with the policy's human rights basis, ICJR raised concerns about the transparency and accountability of the amnesty process.
"The government should not only focus on publishing the data of prisoners who will receive amnesty," said ICJR researcher Girlie L.A. Ginting in a press statement on Wednesday, January 8.
Ginting also stressed the importance of ensuring that the amnesty process is legitimate and fair, with a clear policy in place to guide decisions for the 44,000 convicts involved. “We understand that the government may argue that 'amnesty is the president’s prerogative,' but we remind them that it is being granted due to longstanding prison overcrowding,” he remarked.
ICJR has called for the government to focus on prisoners who were wrongfully incarcerated because of flawed legal frameworks. To ensure fairness in the process, Ginting argued that there needs to be a clear regulatory foundation for granting amnesty, ideally outlined in ministerial regulations.
This regulatory framework would not only standardize the assessment process but also ensure that proposed amnesty cases are carefully reviewed by the president and considered by the House of Representatives (DPR). “Without a clear policy on the amnesty mechanism, there will be ambiguity regarding assessment procedures and complaints if violations occur,” Ginting cautioned.
Another key concern for ICJR is the planned publication of personal data on potential amnesty recipients. Ginting reminded the government that prisoners—like all individuals—have privacy rights that should not be exposed to the public.
“What we are asking for in terms of transparency is public access to rules, standardized assessment processes, and clear mechanisms for complaints, not the personal information of prisoners,” he said.
ICJR also urged the government to reconsider certain legal frameworks that contribute to over-criminalization and the excessive use of imprisonment. The organization specifically called for the decriminalization of drug use for personal purposes, as part of the revision of Law No. 35/2009 on Narcotics. “Drug users in certain quantities should receive health interventions, not punishment-based rehabilitation,” he said.
The government also plans to grant amnesty to those convicted of insulting the president, a charge that ICJR believes should be decriminalized. Ginting pointed to the new Criminal Code (KUHP) under Law No. 1 of 2023, which includes provisions on this issue, and called for the removal of criminal penalties for such offenses.
“What needs to be emphasized is that this should signal the government's commitment to reducing reliance on imprisonment,” Ginting concluded. He urged the government to strengthen efforts to implement the new Criminal Code, which promotes non-prison penalties such as supervised release, community service, and fines as alternatives to incarceration.
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