Commission XIII Of The House Of Representatives 'Debates' Coordinating Minister Yusril, Questions The Basic Repatriation Of Mary Jane To The Philippines

Photo archive - Mary Jane Fiesta Veloso/ANTARA

JAKARTA - Deputy Chairman of Commission XIII of the House of Representatives Andreas Hugo Pareira questioned the legal basis for the policies used by the Government in returning the death row convict to the narcotics case, Mary Jane Veloso to the Philippines.

He demanded that the government provide an explanation to the Indonesian people regarding the case, both the mechanism and the legal procedure.

"The government, in this case, needs to explain with what kind of legal mechanism and procedure Mary Jane has been handed over to the Philippine government," Andreas Hugo Pareira told reporters, Thursday, November 21.

It is known that Mary Jane has been in Indonesian prison since 2010 on charges of narcotics smuggling in the form of 2.6 kilograms of heroin. The Filipino migrant worker was sentenced to death despite continuing to seek legal leniency.

After his clemency request was rejected by the 7th President of the Republic of Indonesia Joko Widodo (Jokowi), Mary Jane will now be returned to the Philippines. The Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra said Mary Jane was not released but would be transferred through a policy of transfer or transfer of sentenced persons (transfer of person).

However, various experts have questioned the approach taken by the Government under the leadership of President Prabowo Subianto regarding Mary Jane's repatriation. The reason is that until now Indonesia has not had a Law on the Transfer of Prisoners.

This then caught Andreas' attention.

"It is true that she (Jenny) is a Filipino citizen, but she has violated the law in the territory authorities of Indonesian countries and has been sentenced and has permanent legal force," he said.

The PDIP legislator from the NTT I electoral district also gave an example of a similar case, namely Schapelle Corby, an Australian who asked to be sent home and serve the rest of his sentence in his country. At that time, the Indonesian government refused on the grounds that there was no law on the transfer of prisoners.

The government also reasoned that it could not move Corby to Australia to serve the rest of his sentence because the crime he committed was a serious crime related to narcotics, just like Mary Jane.

According to Andreas, the government's inconsistency will be a question among internationals. He also encouraged the government to show legal firmness which was a reference to the Government's policy in terms of Mary Jane's repatriation.

"And even if it is sent to the Philippines, do we already have an extradition treaty with the Philippines? As far as I know I haven't," said Andreas.

"If not, then on the legal basis what Mary Jane's return will be. This must be explained because it involves sovereignty and legal authority in our country," he continued.

Andreas understands that the agreement between President Prabowo and Philippine President Bongbong Marcos regarding Mary Jane's return to the Philippines is a diplomatic step.

However, he reminded, diplomatic steps should not ignore the legal principles in force in Indonesia.

"Steps to move an inmate must be based on a clear and consistent legal framework, which reflects Indonesia's legal sovereignty," Andreas said.

The leadership of the Commission in the DPR in charge of legal reform and human rights (HAM) also emphasized the importance of keeping Indonesia consistent as a state sovereign of law. If not, Andreas is worried that Indonesia will lose its credibility in the eyes of the world.

"And of course we will be considered to ignore justice if it is inconsistent and issue policies without legal clarity," he said.

"This is an important situation for all of us. As members of the legislature and part of society, we encourage the Government to stick to the applicable legal principles," Andreas added.

Andreas said the Government's firmness on legal justice will make Indonesia remain respected as a strong and sovereign state of law.

He also asked the Government to provide a comprehensive explanation and based on a clear legal basis related to the Mary Jane case.

"We want to ensure that every decision taken does not violate the existing law," he said.

"Don't let it be because of diplomatic interests and then raise concerns about the existence and firmness of the legal system and justice in Indonesia," Andreas concluded.