Clemency and Constitutional Duties in Indonesia: A Promise Made is a Promise Kept?

Abstract

This article investigates the clemency process for the two Australians on death row in Indonesia, Myuran Sukumaran and Andrew Chan. It examines the relevant legislative provisions, the presidential oath, prior decisions within the Indonesian justice system, and public media statements, and offers an interpretation of the standard of the duties of administrative officers under Indonesian law. It concludes that rendering clemency rejection decisions immune from review, particularly in circumstances where such immunity could lead to the death of the applicant, is against the spirit of the reforms that were enacted in Indonesia after 1998 to avoid dictatorial rule and arbitrary decision-making. If a clemency process is to be undertaken, good governance demands that decision-makers are subject to rigorous testing and review.