Reconstruction of Abolition Regulation in Indonesia’s Constitutional System Post-Granting of Abolition to Tom Lembong

Abstract

The granting of abolition by President Prabowo Subianto to former Minister of Trade Thomas Trikasih Lembong on July 31, 2025, has sparked a significant constitutional and legal debate in Indonesia. This study examines the urgent need for reconstruction of abolition regulation within Indonesia's constitutional system, focusing on the tension between the president's prerogative authority and the principles of legal certainty, checks and balances, and anti-corruption enforcement. Using a normative juridical approach combined with constitutional and comparative analysis, this research analyzes the legal framework, constitutional foundations, and practical implementation of abolition in Indonesia, with reference to comparative jurisdictions and international standards. The findings reveal that while abolition has a constitutional basis in Article 14 paragraph (2) of the 1945 Constitution, its implementation in the Tom Lembong case has exposed significant normative gaps: the absence of clear substantive criteria, weak oversight mechanisms, and the potential for abolition to function as an instrument of political compromise rather than constitutional correction. The case has demonstrated how abolition, intended as a “safety valve” in the constitutional system, can undermine deterrence effects, erode public trust, and create dangerous precedents for elite impunity. This study proposes a reconstructed abolition framework based on constitutional correction principles, integrating four key elements: substantive criteria based on the absence of mens rea and the presence of manifest justice errors; strengthened checks and balances through DPR oversight of substance rather than mere procedure; procedural transparency and public accountability; and normative limitations excluding extraordinary crimes such as corruption from abolition eligibility. The study contributes to the development of constitutional law in Indonesia by offering a conceptual and practical framework for a more accountable and justice-oriented abolition regulation.