MLA Is Not Allowed, DPR Value Experts Undergo Good Supervision Functions In The Mary Jane Case

Photo archive - Mary Jane Fiesta Veloso/ANTARA

JAKARTA - Commission XIII of the DPR RI questioned the legal basis for the Government's policy that will repatriate the death penalty for drug cases, Mary Jane Veloso, to the Philippines. International Law Expert Prof. Hikmahanto Juwana said the DPR had carried out its supervisory function well.

"The attention of the DPR can be understood considering that the DPR has a supervisory function. The relevant commission needs to question the basis for the transfer of prisoners," said Prof. Hikmahanto Juwana, Tuesday, November 26.

Deputy Chairman of Commission XIII of the House of Representatives Andreas Hugo Pareira questioned the legal basis for Mary Jane's return. Because Mary Jane's plan to repatriate through transfer of privilege has no legal force.

The same thing was conveyed by Prof. Hikmahanto who explained that in the applicable laws and regulations in Indonesia, the repatriation of detainees or transfer of PRISONers was not possible considering that Article 45 paragraph 2 of the Correctional Law required that there be a law governing the transfer of prisoners.

"Even in Article 45 paragraph 1 of the Correctional Law, it is required that there be a Agreement on the Transfer of Prisoners and partner countries," explained the UI Professor.

"Meanwhile, there is no agreement between Indonesia and other countries regarding the transfer (relocation) of prisoners at all," continued Prof Hikmahanto.

Coordinating Minister for Human Rights Immigration and Corrections Yusril Ihza Mahendra said that Mary Jane's repatriation was regulated within the framework of a cooperation agreement with friendly countries in the form of mutual legal assistance or MLA or Legal Return Assistance. Hikmahanto said this was also not possible in the laws and regulations in force in Indonesia.

"When referring to Law on Legal Aid Return No. 1 of 2006 in Article 4 letter c it is clearly stated that Legal Revenue Assistance does not authorize the transfer of prisoners," he explained.

Prof Hikmahanto reiterated that until now there is no Law related to the transfer of prisoners in Indonesia. Moreover, there is no agreement between Indonesia and other countries regarding the transfer of prisoners at all so that there is no legal basis that can be used to transfer Mary Jane to her place of origin.

"If it is forced to transfer Mary Jane based on MLA, this has the potential to undermine legal sovereignty in Indonesia," said Prof Hikmahanto.

"Moreover, correctional officers will be in a situation that has the potential to violate their duties because they release prisoners who are not based on law," he continued.

With conditions like this, Prof. Hikmahanto assessed that the warning from the DPR as a partner of the Government is very important. He also asked the Government to consider the message from the DPR as a legislative institution.

"The DPR does its function because Indonesia's policy should not be translated as a mere executive policy," said Prof Hikmahanto.

"The DPR must carry out its functions to ensure a check and balance of policies taken by the Government," he added.

Previously, Deputy Chairman of Commission XIII DPR RI 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 the Government to provide an explanation to the Indonesian people regarding the case.

"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," said Andreas Hugo Pareira.

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 Indonesian Correctional Affairs 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).

Andreas also encouraged the Government to show legal firmness which was a reference for 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 the legislator from the NTT I electoral district.

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

The leadership of the Commission in the DPR in charge of legal reform and human rights (HAM) has asked the Government to provide a comprehensive explanation based on a clear legal basis related to the Mary Jane case. Andreas also reminded the importance of keeping Indonesia consistent as a sovereign country based on law.

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