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Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases$
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Daniel Pascoe

Print publication date: 2019

Print ISBN-13: 9780198809715

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198809715.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 July 2021

Republic of Indonesia

Republic of Indonesia

(p.159) 6 Republic of Indonesia
Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases

Daniel Pascoe

Oxford University Press

Chapter 6’s case study on Indonesia, as with the previous three chapters, begins with a description of Indonesia’s death penalty laws, the country’s recent history of executions, and a list of publicly known clemency grants from 1991 to 2016. Thereafter, as with the previous chapter covering Malaysia, Chapter 6 lists several counterbalancing explanations for Indonesia’s ambivalent clemency practice from 1991 to 2016. Of the four jurisdictions under study, Indonesia’s clemency practice is easily the most irregular, seemingly defined more by ad hoc case-based factors and immediate political considerations than by long-term, consistent policies on particular crime and offender categories. As Chapter 6 documents in detail, the inconsistency of clemency over time and between cases is in itself the notable trend in Indonesia. Chapter 6 argues that the medium rate of clemency in Indonesia’s death penalty system is potentially explained by several theoretically informed factors: leniency exercised at earlier stages of capital cases’ progress through the criminal justice system; democratization and Indonesia’s ‘rule of law’ politics in the post-Suharto (1998–) Reformasi (reform) era; the collective pardon of the remaining 1965 ‘coup’ political prisoners by President Habibie in 1999; and finally, Indonesia’s uniquely languid clemency procedures before streamlining reforms in 2010. The first two factors serve to inhibit clemency, whereas the latter two lift Indonesia’s clemency rate to 26–33 per cent, at the very minimum.

Keywords:   Indonesia, clemency, grasi, Suharto, PKI, drug trafficking, Reformasi, Habibie, corruption, democratization, Joko Widodo, Susilo Bambang Yudhoyono

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