"I agree with it. About its legal status it indeed is debatable. But to me no law is violated by the decision," he said when asked to confirm about the issue here on Thursday.
He said the government had not nullified the provision but only conducted a moratorium or tightening of the requirements.
"Corrupters must be severely punished as they have seriously damaged the nation`s future and with no heart made millions of people poor," he said.
Mahfud said although remission and conditional release are the right of prisoners conditions for their extension are regulated by a government regulation.
"The regulation meanwhile states that the extension of remission or conditional release must be based upon the public sense of justice," he said.
Mahfud admitted that the sense of justice is debatable legally because its definition is very abstract.
"But that is where the government could interfere by conducting moratorium or tightening," he said.
In the long term he said a legislative review should be done for the eradication of moratorium and conditional release for corrupters and terrorists but as a transitional measure the government`s decision did not violate the law.
"About the reason. Well, the reason is the sense of justice. However the transitional policy cannot be used for a long time," he said.
The minister of law and human rights has issued a decision to tighten the requirements for the extension of remission for corrupters causing the former chief of the National Development Planning Board (Bappenas), Paskah Suzetta, jailed for corruption linked to the election of Miranda Goeltom as central bank senior deputy governor in 2004, unable to enjoy his freedom he should have received after serving two thirds of his sentence.
The new minister of law and human rights, Amir Syamsuddin on Oct 31 said he had never approved an application for conditional release while he was minister except for Agus Condro.
"It is Paskah`s right to apply for it but we have been determined to suspend the conditional release regulation," he said.
Several quarters have protested the government`s decision as violating the law including former minister of law Yusril Ihza Mahendra. (*)
Editor: Kunto Wibisono
Copyright © ANTARA 2011
