Three former directors of PT Angkutan Sungai, Danau, dan Penyeberangan (ASDP) Indonesia Ferry (Persero) have been released from prison, having received rehabilitation or a restoration of their rights from President Prabowo Subianto. The individuals are Ira Puspadewi, the former President Director of PT ASDP; Yusuf Hadi, the former Commercial and Services Director of ASDP; and Harry Muhammad Adhi Caksono, the former Planning and Development Director of ASDP.
“Approximately so (released from criminal imprisonment),” stated Minister State Secretary Prasetyo Hadi, confirming the President’s decision when questioned by reporters at the Merdeka Palace in Jakarta on Tuesday, November 25th. This significant development underscores the President’s exercise of his constitutional powers.
Prasetyo Hadi further elaborated that President Prabowo utilized his presidential prerogative to grant legal rehabilitation to Ira Puspadewi, Yusuf Hadi, and Harry Caksono. This pivotal decision was formalized in a presidential letter, personally signed by President Prabowo earlier that day. “The President used his right in the case involving Ira Puspadewi, Yusuf Hadi, and Harry Muhammad Adhi Caksono. This afternoon, the President just needed to sign the letter for further processing according to applicable laws,” Prasetyo added, highlighting the official nature of the act.
What is Rehabilitation?
For a convicted individual, rehabilitation signifies the restoration of their rights concerning their capabilities, status, and honor, as well as their dignity. In the realm of Indonesian law, there are primarily two distinct types of rehabilitation, each with specific conditions and processes.
The first type of rehabilitation is judicially determined, as stipulated under Article 97 of the Indonesian Criminal Procedure Code (KUHAP). An individual is entitled to this form of rehabilitation if they are acquitted or fully discharged from all legal charges by a court decision that has obtained permanent legal force. This rehabilitation is formally granted and simultaneously documented within the court’s final verdict. Furthermore, rehabilitation can also be requested by a suspect who has been arrested or detained without legal grounds, or due to an error concerning the person or the applied law, as outlined in Article 95 paragraph (1). If such a case is not brought before a district court, the decision regarding rehabilitation falls under the authority of the pre-trial judge.
The second type of rehabilitation is a direct exercise of the President’s prerogative, in accordance with Article 14 of the 1945 Constitution (UUD 1945). The power to grant rehabilitation, along with amnesty and abolition, is an exclusive authority vested in the President. This reflects a crucial aspect of the executive branch’s role in the justice system, allowing for executive intervention in specific circumstances.
This presidential authority is clearly regulated in Article 14 of the 1945 Constitution, which states:
1. The President grants clemency and rehabilitation with due consideration to the Supreme Court’s recommendations.
2. The President grants amnesty and abolition with due consideration to the House of Representatives’ recommendations.
Summary
Three former directors of PT Angkutan Sungai, Danau, dan Penyeberangan (ASDP) Indonesia Ferry, namely Ira Puspadewi, Yusuf Hadi, and Harry Muhammad Adhi Caksono, have been released from prison. They received rehabilitation, or a restoration of their rights and status, granted by President Prabowo Subianto. Minister State Secretary Prasetyo Hadi confirmed this decision, stating it was formalized via a presidential letter signed by President Prabowo on November 25th, utilizing his constitutional prerogative.
Rehabilitation, in this context, signifies the restoration of an individual’s capabilities, status, honor, and dignity. This specific act falls under the President’s prerogative, an exclusive authority vested by Article 14 of the 1945 Constitution, distinguishing it from judicially determined rehabilitation. This presidential power allows for executive intervention in specific circumstances, often after considering recommendations.
