"It is not a against the Constitution but the clemency is restricted by the Law," Yasonna said here on Friday.
The minister said the government is studying legal basis to allow President Jokowi to grant the clemency for Antasari Azhar, who was declared guilty in February 2010 of involvement in the murder of president director of PT Rajawali Banjaran Nasrudin Zulkarnaen.
He said Antasari, if he wanted to, has no more right to appeal for clemency as it is only valid within a year after the verdict was given by the court.
Antasari had never tried to seek clemency as he denied the charge and the verdict.
Yasonna said the Law No. 5 of 2010, limited the time to appeal for clemency, but the Constitution said the president has the prerogative right to grant clemency.
"Let us have a reflection of Papuan convicts released from prison recently. Clemency was given as we considered them as political detainees," he said.
Earlier Jasonna said reasons and humanitarian consideration had been discussed but it is up to the president to make the final decision.
President Jokowi has held a meeting with a number of state officials including Coordinating Minister for Law, Security and Political Affairs Tedjo Edhy Purdijatno, police chief Badrodin Haiti, Attorney General M Prasetyo and Yasonna Laoly to discusss possible clemency for Antasari.
Antasaris attempts for for review of his case earlier had been rejected by the Supreme Court.