Government Finalizes Regulations on the Commutation of Death Sentences and Life Imprisonment

The Government, through the Ministry of Immigration and Correctional Affairs (“Kemenimipas”), is currently finalizing the Draft Regulation of the Government (“RPP”) on Sentence Commutation, which governs the procedures for the commutation of death sentences and life imprisonment sentences. One of the key provisions addressed in the draft regulation concerns the mechanism for determining the legal status of death-row inmates who have completed a 10-year probationary period.

Aris Maulana, Director of Prisoner and Juvenile Detainee Development at the Kemenimipas, stated that efforts are being accelerated to finalize the regulation in order to provide legal certainty for death-row inmates who are still serving their 10-year probationary period. This is necessary to clarify the legal consequences and subsequent determination of their sentence status upon the expiry of the probationary period.

“This is what we are currently seeking to expedite, as it will provide legal certainty for inmates who are still serving their 10-year probationary period,” Aris told Hukumonline.

The RPP on Sentence Commutation is expected to establish a mechanism for commuting death sentences to life imprisonment, covering the assessment criteria, application procedures, and the respective authorities of the institutions involved. Such provisions are also necessary to ensure that the assessment process is fair and free from discrimination.

The absence of adequate implementing regulations could prolong legal uncertainty for death-row inmates, particularly those who have been awaiting a determination of their status for many years. Accordingly, the Kemenimipas is targeting the completion of the regulation as soon as possible to provide legal certainty for inmates while also creating opportunities for their eventual reintegration into society.