Hak Prerogatif Presiden dalam Perspektif Hukum Konstitusional dan Fiqh Siyasah: Studi Integratif Atas Kewenangan Pemberian Amnesti, dan Abolisi

Abstract

This study analyzes the concrete manifestation of the presidential prerogative power, specifically the President's authority to grant amnesty and abolition pursuant to Article 14 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This research employs a normative juridical method utilizing a conceptual approach, a statute approach, and a fiqh siyasah dusturiyah (Islamic constitutional jurisprudence) approach, which emphasizes the principles of public interest (maslahah mursalah), justice (‘adl), and consultation (syura). The findings indicate that although the authority to grant amnesty and abolition is constitutionally final, it remains subject to the mechanism of consideration by the House of Representatives (DPR). From the perspective of fiqh siyasah dusturiyah, both powers are viewed as a sacred trust (al-amānah) that is valid only if oriented toward the public good. The concepts of pardon in Islamic law, known as al-‘afwu and al-syafā‘ah, share functional parallels with amnesty in positive law, provided they do not infringe upon the domain of hudud punishments, which fall under the absolute rights of Allah SWT. The integration of positive law and fiqh siyasah dusturiyah yields a framework of constitutional morality that balances formal legality with the morality of power.