November 25, 2024
JAKARTA – Legal complications may impede Indonesia’s planned transfer of five Australian drug trafficking convicts who have served nearly two decades of their life sentences in Indonesia, as well as a Filipina on death row, to their home countries, as the administration of President Prabowo Subianto seeks to shore up diplomatic relations with neighboring countries.
Law Minister Supratman Andi Agtas told Reuters on Saturday that Indonesia had agreed “in principle” to hand the five prisoners over to Australia, although the details of the transfer were still being hashed out, as Indonesia also wanted some of its prisoners held in Australia to be repatriated in return.
The five Australian prisoners were members of the so-called Bali Nine, who were arrested in 2005 for attempting to smuggle just over 8 kilograms of heroin out of Bali. They are the last remaining members of the group serving life sentences. The others were executed, released or died of other causes.
Supratman acknowledged that Indonesia lacked formal procedures for international prisoner transfers but said ones would be developed soon. He added that the transfer would be contingent on the counterpart country recognizing Indonesia’s judicial process.
“This [transfer] is important to maintain a good relationship with friendly countries. But this is also in our interest because we have prisoners abroad,” Supratman said, as quoted by Reuters.
Australian Trade Minister Don Farrell confirmed that negotiations were ongoing and that the five Australians would continue serving their sentences if the transfer deal proceeded, AFP reported.
Coordinating Politics and Security Minister Yusril Ihza Mahendra and Presidential Communications Office head Hasan Nasbi were not available for comment when contacted by The Jakarta Post on Sunday.
If the prisoner transfer takes place, it will follow another under the Prabowo administration, that of Filipina domestic worker Mary Jane Veloso, whom Indonesia agreed last week to return to the Philippines. Veloso is currently in a Yogyakarta prison, where she has been for 14 years. She had been sentenced to death.
Rights activists applauded the government’s decision to return Veloso. But some legal experts questioned the legal basis for her transfer.
Coordinating minister Yusril said on Friday that such a deal was possible through a mutual legal assistance (MLA) arrangement, which he said was well within a sitting president’s authority to pursue despite the lack of regulations.
But he also urged the government and lawmakers to quickly hash out a law on the matter.
Change of tone
Indonesia’s notoriously strict drug laws, which do not spare foreign nationals from death row, have on past occasions sparked international outrage.
The April 2015 execution of the Bali Nine’s two ringleaders, who, along with five other foreign nationals and an Indonesian, were executed by firing squad, caused a major diplomatic rift between then-president Joko “Jokowi” Widodo’s administration and Australia, which recalled its ambassador in protest.
Veloso, meanwhile, was supposed to be among the condemned convicts before being granted a last-minute reprieve, which was followed by multiple failed attempts from the Philippines over the years to request her return.
When it was finally granted last week, Philippine President Ferdinand “Bongbong” Marcos Jr. extended his “heartfelt gratitude” to Prabowo, whom he met in a bilateral meeting in September while Prabowo was still president-elect.
As in Veloso’s case, the Australian government previously had no luck in negotiating the return of the remaining members of the Bali Nine until Prime Minister Anthony Albanese made a direct request to Prabowo on the sidelines of the APEC Summit in Peru last week.
Prabowo also received a similar request from France during the summit.
Legal basis
International law expert Hikmahanto Juwana cautioned the government against rushing into any prisoner transfer plan, saying that it would set a bad precedent for the Prabowo administration unless Indonesia first enacted a law on the matter.
“[Proceeding with the transfer without a clear legal basis] will tear our existing laws to shreds. Previous administrations have always reasoned that prisoner transfers are not possible since there is no specific law on them, but the new administration seems to disregard this fact entirely,” Hikmahanto told the Post on Sunday.
“Prabowo has his ‘good neighbor’ policy, but it cannot disregard our laws,” he added.
International relations expert Ahmad Rizky M. Umar said Indonesia’s newfound lenience on prisoner transfers was likely a result of Prabowo’s interest in improving bilateral ties.
“If the prisoner transfer is part of a bigger agenda, it’s something that needs to be communicated clearly, and the transfer scheme itself must have a clear legal basis,” Ahmad said.
He called on lawmakers to first pass a law on prisoner transfers and for the Prabowo administration to clearly communicate the law’s policies to the countries it was negotiating with.
Amnesty International Indonesia executive director Usman Hamid said the negotiations on the prisoner transfer should provide an impetus for Indonesia to reevaluate its stance on capital punishment, rather than simply seek a transactional deal.
“It’s time for Indonesia to fall in line with international standards when it comes to [how it treats prisoners], including by abolishing the death penalty, or to at least call a moratorium on it,” Usman said.