Transfer Of Foreign Prisoners On The Basis Of President Prabowo's Discretion

President Prabowo and Vice President Gibran chaired the inaugural plenary cabinet (SKP) session in the Cabinet Session Room, Jakarta, October 23, 2024. (doc Setkab-Rahmat)

JAKARTA - The Coordinating Ministry for Law, Human Rights, Immigration and Corrections explained that the transfer of international prisoners to their home countries was based on President Prabowo Subianto's discretion policy.

"What is clear is that the President has a policy discretion for this," said Special Staff for International Relations at the Coordinating Ministry for Human Rights, Imipas Ahmad Usmarwi Kaffah during a press conference in Jakarta, Monday, December 16, which was confiscated by Antara.

Kaffah said Article 45 paragraph (1) of Law Number 22 of 2022 concerning Corrections stipulates that in certain respects, prisoners can be transferred to other countries based on the agreement.

However, Article 45 paragraph (2) of the Correctional Law mandates that the provisions regarding the transfer of prisoners are regulated by a derivative law. In this case, the President takes discretion, namely by moving international prisoners based on practical arrangements.

"So, it's fine that from two dimensions there is an umbrella, a policy umbrella, and an umbrella for the article. Therefore, the concerns here are the values of humanity," he said.

On the other hand, Kaffah also emphasized that the transfer of prisoners by the Indonesian government was based on President Prabowo's good intentions. This is to respect the values of humanity and good relations between Indonesia and other countries.

It is known that Indonesia has transferred five Bali Nine convicts to their home country, Australia, Sunday (15/12). The five prisoners who were transferred were Martin Eric Stephens, Michael William Czugaj, Scott Anthony Rush, Matthew James Norman, and Si Yi Chen

The Australian government, represented by the Minister of Home Affairs Tony Burke, signed a virtual practice arrangement for the transfer of five Bali Nine inmates on Thursday (12/12). Meanwhile, the Indonesian government was represented by Coordinating Minister for Kumham Imipas Yusril Ihza Mahendra.

In addition, the Philippine government, represented by Deputy Minister of Justice Raul T. Vasquez, signed a practical arrangement for the transfer of Mary Jane Veloso directly in Jakarta, Friday, December 6.

The death row convict in the drug smuggling case will be transferred to his hometown on Wednesday, December 18 in the early hours of the morning.