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November 25, 2024 | 10:45 pm
TEMPO.CO, Jakarta -- Minister of Law Supratman Andi Agtas said Prabowo Subianto’s administration is considering drafting a law regulating the transfer of foreign prisoners to partner countries. To date, the government still reviews the prisoner transfer regulation.
The regulation, he said, could be realized in the form of prisoner transfer-related law or mutual legal assistance through bilateral agreements.
"Bilateral means reciprocal agreement between two countries, which will be easier,” stated Supratman after a meeting at the Presidential Palace Complex in Jakarta on Monday, November 25, 2024.
The plan to draft a prisoner transfer law arises as President Prabowo has been asked for approval for the transfer of five Australian drug smugglers from the Bali Nine group to their home country. The government also recently agreed to repatriate a drug convict sentenced to death from the Philippines, Mary Jane Veloso.
According to Supratman, humanitarian considerations are reasons for the government to release foreign nationals who have legal problems in Indonesia. The second factor is reciprocity.
"Because we also have nationals outside the country who happen to have legal issues," said the former Chairman of the House Legislation Body (Baleg) of the People's Representative Council (DPR).
Prisoner transfers are regulated by Article 45 paragraph (1) of Law Number 22 of 2022 concerning Corrections. And, Article 45 paragraph (2) of the law mandates that the provisions for the transfer of prisoners are regulated by law. However, there is no derivative law regulating those provisions.
The plan to repatriate the five life-sentenced convicts from the 'Bali Nine' drug network to their home country, Australia, was confirmed through a written statement from the Ministry of Justice on Sunday, November 24, 2024. However, Indonesia does not have a fixed procedure regarding the transfer of international prisoners, but his side will carry out the process at the earliest.
According to the minister, the country of origin of the foreign prisoners must recognize the Indonesian court's decision, as Indonesia has the authority to try foreign nationals who commit crimes in its territory.
"This effort is important to maintain our good relations with other countries. However, we must also ensure that they respect the legal process in Indonesia," Agtas remarked.
In principle, said Supratman, President Prabowo Subianto has approved the transfer of foreign inmates to their home country. However, the transfer of inmates should not be rushed as it involves mechanisms. "In general, we do not yet have rules for transfer mechanisms. That's why the President instructed the Coordinating Minister for Legal Affairs and the Minister of Law to conduct a study," he said.
The Bali Nine group was captured in 2005 while attempting to smuggle 8.2 kilograms of heroin out of Indonesia. They consisted of nine Australian citizens. They received various sentences, ranging from the death penalty, life imprisonment, to 20 years in prison.
Two masterminds of this group, Andrew Chan and Myuran Sukumaran, were executed in 2015. Meanwhile, Renae Lawrence was repatriated to Australia in 2018 after serving a 13-year prison sentence.
The death penalty for drug convicts caused diplomatic tensions between Australia and Indonesia. Australia even withdrew its ambassador to Indonesia in protest.
The agreement to transfer the five Bali Nine inmates sentenced to life imprisonment in Bali prison was the result of a meeting between President Prabowo and Australian Prime Minister Anthony Albanese during the sidelines of the Asia-Pacific Economic Cooperation (APEC) Summit in Peru last week. Reuters on Saturday, November 23, 2024, reported this information, citing Australian Assistant Minister of Finance Stephen Jones as a source.
Editor’s Choice: Indonesia Studies Transfer Options of Bali Nine Drug Convicts to Their Home Country Australia
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