Yusril: The Transfer Of Mary Jane Based On The MLA Agreement With The Philippines

Mary Jane Veloso prayed guided by clergy as well as witnesses, Father Bernhard Kieser in a follow-up hearing at the Sleman District Court, Yogyakarta, Wednesday (4/3/2015). (ANTARA PHOTO/Doni Monardi/pd/aa)

Coordinating Minister for Law, Human Rights, Immigration and Corrections (Kumham Imipas) Yusril Ihza Mahendra said the transfer of death row convict Mary Jane Veloso was carried out based on a bilateral agreement in the form of Balik Assistance in Criminal Problems or Mutual Legal Assistance (MLA)in Criminal Matters.

He said that until now there has been no law (UU) governing the mechanism for transferring prisoners or transferring of citizens in Indonesia.

However, the transfer of prisoners can be carried out based on MLA, agreements from the parties, and discretion from the President to make decisions and policies.

"Because the law does not regulate, does not order, and prohibits, the President has the authority to take a discretion against this issue," said Yusril as quoted by ANTARA, Thursday, November 21.

In the future, Yusril opens the opportunity to discuss the preparation of the Law on the transfer of prisoners with the House of Representatives (DPR) so that the mechanism has a stronger legal umbrella.

Not only in the transfer of prisoners, he revealed, the bilateral agreement in the form of MLA was also carried out by Indonesia in the form of requests for confiscation of prisoners' assets to the Australian government regarding the corruption case of Bank Indonesia Liquidity Assistance (BLBI) in 2004.

At that time, said Yusril, requests for confiscation were made against the assets of the convict Hendra Rahardja who was in Australia. The application was submitted by Yusril when he was Minister of Justice to former Australian Attorney General Jared William.

After an agreement was reached by both parties, he said the Australian government would also recognize the Indonesian court's decision and execute the Indonesian court's decision in Australia, so that several assets of Hendra in Australia were executed by the Australian government.

"So, there is already a precedent, although not in the context of transfer of personnel, in terms of implementing Indonesian court decisions in other countries there has been a precedent in the past," he said.

In relocating Mary Jane, Yusril said there were several conditions that had been submitted by the Indonesian government and accepted by the Philippine government.

The first requirement is that the Philippines must recognize the Indonesian court's decision because Indonesia has the authority to try Filipino citizens who commit crimes in the territory of the Unitary State of the Republic of Indonesia.

Then the second requirement, namely security guarantees to return prisoners to the Philippines is the responsibility of the country.

Later, the Philippine government must also agree if there is a request for the transfer of Indonesian prisoners who are sentenced in the country to return to the country.

The transfer of Mary Jane was carried out at the request of the Philippine government. The Indonesian government accepted a request to transfer Mary Jane from Philippine Justice Minister Jesus Crispin Remulla a few days ago.

Mary Jane is a Filipino citizen who was sentenced to death by the Sleman District Court, Yogyakarta, in 2010 to a narcotics case.