Getting To Know Transfer Of Prisoner, Procedures For Transferring Prisoners In Marry Jane Case

YOGYAKARTA The government plans to carry out a transfer of personnel procedure to the death row convict in a drug case, Marry Jane. In Indonesia, transfers of personnel are not widely known considering that the procedure has never been carried out. But simply put, people know the transfer of persons as the transfer of prisoners.

In simple terms, transfer of principler is a cooperation program between countries in the form of transfer of prisoners. Transfer of principler is also known as transfer of sentented person (TSP).

As is known, foreigners who are in certain countries are required to follow the applicable rules without fined their right to protection from their home countries. When the person is found guilty of certain crimes, the perpetrator will be punished in the country concerned.

In the midst of the legal process, prisoners are allowed to be transferred to their home countries to serve the rest of the sentences imposed by the government from the verdict-giving countries. This also applies in Indonesia.

The legal basis for transferring detainees between countries is regulated in Article 45 of Law (UU) Number 2 of 2022 concerning Corrections.

"In certain cases, prisoners can be transferred to other countries under the agreement," reads Article 45 of the Correctional Law.

The implementation of the transfer of personary scheme against Marry Jane, prisoners of drug cases who are sentenced to death will be carried out. This application is also a new history in Indonesia.

The story of Mary Jane Fiesta Veloso or Mary Jane began in 2010. She pleaded guilty because she was caught carrying drugs to Indonesia.

Filipino Mary Jane was arrested in April 2010 at Yogyakarta's Adi Sutjipto International Airport. During the arrest, Mary Jane was caught carrying 2.6 kilograms of heroin.

Mary Jane was then tried in Indonesia and sentenced to death by a panel of judges at the Sleman District Court, Yogyakarta in October 2010. Mary Jane's party had submitted a request for clemency to President Jokowi in 2014. However, the request was rejected.

Even though she was sentenced to death, Mary Jane had languished in Gunungkidul, precisely at the Yogyakarta Class II B Women's Prison, Wonosari, Gunungkidul.

Regarding the case that befell one of its citizens, the Philippine government is known to have negotiated. The result of the negotiations is the plan to transfer the person. In fact, Philippine President Ferdinand R. Marcos Jr., through his official Instagram account, said that Mary Jane would soon return to the Philippines after his party negotiated with Indonesia.

"Following diplomatic efforts and consultations with the Indonesian government for more than a decade, we managed to postpone the execution of his death until an agreement was reached to bring him back to the Philippines," said President Marcos.

Regarding the Mary Jane case, the legal expert at Jenderal Sudirman University, Prof. Hibnu Nugroho gave his positive response.

Quoted from Antara, the discourse on moving Mary Jane to the Philippines is a brilliant breakthrough. However, he reminded the Indonesian government to ensure that the agreement agreed with the Philippines was carried out equally.

"This is a form of breakthrough that must be balanced with the agreement of other countries. This means that if we move one, there should be a balance. Indonesian citizens (victims) in the Philippines must also be transferred to Indonesia," said Hibnu, quoted on Friday, November 22.

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