TEMPO.CO, Jakarta - President Joko Widodo's decision to grant Antasari Azhar clemency has raised questions. Convicted over the murder of Nasrudin Zulkarnaen, director of Putra Rajawali Banjaran company, Antasari feels he was made a scapegoat during the administration of President Susilo Bambang Yudhoyono. Now, President Jokowi has apparently used his prerogative to undermine Yudhoyono, who still wields considerable political influence.
It is difficult to avoid the drama surrounding this clemency. Antasari, a former chairman of the Corruption Eradication Commission (KPK) has often claimed his case was engineered. So now, he has been invited to Merdeka Palace by Jokowi. Antasari, who was sentenced to 18 years in jail, has been out on parole since he was given remissions totaling 6 years. In jail since 2010, his sentence has been reduced by 4 and half years, meaning he is now a free man.
Antasari has been speaking out. He alluded to Yudhoyono's habit of 'twittering' on social media about political issues. When he attended the anniversary celebrations of the Indonesian Democratic Party of Struggle (PDI-P) in January, he said that Yudhoyono should help him reveal the truth behind the Nasrudin murder rather than 'tweeting' on social media.
Meanwhile, President Jokowi should distance himself from political interests when he grants clemencies. According to the Constitution, remission in the form of a reduction or shortening of a sentence is bestowed by the president in his or her capacity as head of state, and at the advice of, and consultation with the Supreme Court. The presidential prerogative will be tarnished if it is used to gain political advantage. This unseemly impression was reinforced by the fact that recently, Jokowi and Yudhoyono's circles have been involved in a heated political battle over the Jakarta gubernatorial election.
Antasari's own stance is rather strange. By accepting clemency, he is indirectly admitting guilt over the murder of Nasrudin, yet he had always denied any involvement, let alone being the mastermind of the March 2009 killing. Antasari previously lodged appeals and asked for a review of the case, but these legal attempts came to nothing.
Antasari asked for clemency when Jokowi became president. His legal team even had to ask for a legal review of Law No. 5/2010 on Clemency. The Constitutional Court granted his review and abolished the provision stating that clemency can only be requested within a year after the final court verdict.
With clemency in the form of a sentence reduction, Antasari's civil rights have been automatically restored because he is no longer an inmate. But morally speaking, he will find it difficult to uncover the facts behind the Nasrudin murder, which is still shrouded in mystery. One puzzle is whether the murder was engineered because at the time, Antasari as KPK chairman was doing quite a bit to investigate corruption cases, including one involving Aulia Pohan, whose daughter is married to Yudhoyono's son. The inconsistency of Antasari's statements has made it more difficult to solve the mystery of Nasrudin's murder.
The worst damage that can happen to the state will be the fact that there seems to be political motives behind the clemency to Antasari. The President should be extremely careful about bestowing clemency, because of his position as head of state. His authority could be questioned because of the political motives behind the clemency. (*)
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