Amnesty is one of the prerogatives of the President granted in the form of a Presidential Decree, this study was conducted to analyze how the Amnesty position in the Indonesian criminal justice system, how is the policy mechanism for granting amnesty and whether granting amnesty as stated in Presidential Decree No. 17 of 2021 has fulfilled a sense of justice or not. This research is expected to be a reference material regarding the legal basis, policy mechanisms regarding granting amnesty and becomes a guidence for granting amnesty.
In this study, a normative juridical method was used which examined library materials, both primary data and secondary data, supported by the results of interviews or interviews.
The theoretical basis in this study uses the rule of law theory as a grand theory which explains that the law holds the highest power in the administration of the state, then the legal system theory as a middle theory explains how a rule of law has been implemented in accordance with the applicable provisions, namely the criminal justice system, and for an apply theory, justice theory used to explains that justice is one of the main objectives of law to ensure equal rights and justice for everyone.
“The results of the study” indicate that the amnesty position is not regulated in the criminal justice system and until now there is no clear policy mechanism regarding the procedure for granting amnesty starting from the submission of applications, subjective requirements and objective conditions or other conditions. The granting of amnesty as referred to in the Presidential Decree number 17 of 2021 has not fulfilled the sense of justice because the granting of amnesty does not consider justice for the victim, in this case the recipient of the amnesty is the perpetrator of the crime of information and electronic transactions where the crime is a complaint offense and many similar cases do not receive the amnesty.
“It is recommended that the Government should do immediately” stipulate a Law on Amnesty which contains clear boundaries regarding subjective requirements and objective conditions regarding amnesty followed by implementing regulations specifically regulating policy mechanisms related to the granting of amnesty, so that the existence of this law will create a sense of justice. both victims and actors of crime.