Kuasa pengampunan bukan luar undang-undang, kata Azalina

Kuala Lumpur: The power of pardon is not outside the law, according to Azalina Othman Said, Malaysia's Deputy Communications and Multimedia Minister. The Umno deputy president explained that Section 42 of the Constitution specifically allows for the issuance of conditional pardons by the Yang di-Pertuan Agong, as well as the establishment of a framework for the pardon authority.

She emphasized that exercising this power should not be perceived as circumventing the law. "The Federal Constitution is the highest law in the country, and everyone must abide by it," Azalina stated in a statement. As a member of Parliament for Pengerang, she added that the court's decision and the pardon process are distinct matters.

The court carries out its judicial function in determining guilt and sentencing, while Section 42 provides a constitutional mechanism for pardon, postponement of punishment, or commuting a sentence. According to her, every institution must operate within the scope of power granted by the Constitution, such as the role of the legal counsel, the public prosecutor, and the relevant minister.

Azalina's personal stance is clear: respect the court's decision, respect the Constitution, and respect the constitutional process. Any concerns regarding justice, legal implications, or the process of any action should be evaluated based on the Constitution's text, facts, and real procedures, not just political statements. "No one can override the law, and no one can override the Constitution," she emphasized.

Yesterday, the Pakatan Harapan Presidential Council affirmed that no one can override the law, and anyone accused of wrongdoing must serve punishment according to the law and the Constitution of Malaysia. This statement followed the announcement by the Prime Minister's Department (JPM) that former Prime Minister Najib Razak, who is also a former Umno president, would receive conditional pardon and serve the remaining six years of his six-year sentence in home confinement until August 23, 2028.

The pardon is subject to confirmation by the State Conciliation Board, which includes a public prosecutor, a federal minister, and three individuals appointed by the Agong. Currently serving a six-year prison sentence, Najib, 73, is in Kajang Prison after his original 12-year sentence was reduced by half in February 2024. The fine of RM210 million was also reduced to RM50 million.

He was arrested in August 2022 following the High Court's rejection of his final appeal in the case. In December 2025, Najib was implicated in the misuse of power and embezzlement of public funds involving more than RM2 billion related to the 1MDB scandal. Former Pekan MP, he is serving a 15-year sentence and fine of RM11.38 billion, and is currently appealing that sentence.