Andreas Hugo DPR Accuses The Process Of Moving Bali Nine Prisoners Covered Up

Member Of The House Of Representatives From The PDI-P Faction Andreas Hugo Parera/ ANTARA/Rolandus Nampu

JAKARTA - Deputy Chairman of Commission XIII DPR RI Andreas Hugo Pareira assessed that the process of transferring Australian prisoners seemed to be covered up. According to him, the Indonesian government seems to have complied with all of Australia's requests regarding the transfer of five Bali Nine narcotics convicts.

The government seems to have no firmness in the process of transferring Bali Nine inmates.

"The transfer of prisoners (transfer of person) to five Australian prisoners seems to be covered up, the same thing happened to Mary Jane, a foreigner prisoner from the Philippines," said Andreas Pareira, Thursday, December 19.

"The impact is also from this practical arrangement, we dictate and comply with all requests from the Australian side," he continued.

As is known, the transfer of five Bali Nine narcotics convicts was only known to the public after they arrived in Australia.

The five convicts of Bali Nine who were dispatched to Australia on Sunday, December 15, the morning of Wita from Bali were Scott Anthony Rush, Mathew James Norman, Si Yi Chen, Michael William Czugaj, and Martin Eric Stephens.

Bali Nine itself is the nickname for 9 Australian inmates who were arrested in Bali for being proven to have smuggled 8.2 kilograms of heroin. The nine inmates are Andrew Chan, Myuran Sukumarian, Si Yi Chen, Michael Czugaj, Renae Lawrence, Tan Duc Thanh Nguyen, Matthew Norman, Scott Rush, and Martin Stephens.

Two of them, Andrew Chan and Myuran Sukumarian, were executed in 2015, while Renae was sentenced to 20 years in prison and was released in 2018 after receiving several remissions. Meanwhile, Tan Duc died in detention while serving life imprisonment in 2018.

In the process of transferring Bali Nine prisoners, the Government stated that Australian authorities wanted negotiations with Indonesia to run well. Meanwhile, at the same time, the Indonesian government is negotiating in the preparation of practical arrangements.

The legislator from the East Nusa Tenggara I electoral district also reiterated that Indonesia does not have a legal basis for transferring foreign prisoners to its home country. He questioned the Government as to what kind of practice arrangement in the Indonesian legal system.

"Then, what is this practical arrangement? Where is this practice arrangement in our legal system? This topic is a concern not only for us but also for other countries as well. Many parties finally question the integrity of the legal system in Indonesia," said Andreas.

The leadership of the Commission in the DPR in charge of correctional matters and legal reforms is worried that the transfer of foreign prisoners to their home countries will reduce their sentences or even be released. The reason, said Andreas, was when the prisoners were 'repatriated', the authority was already in their state government.

"Whether to be rehabilitated or released is not within Indonesia's authority," he said.

Andreas also reminded that the basis used by the Government in the transfer of persons can have a bad impact in the future. Because according to him, the practice arrangement policy for the transfer of foreign prisoners does not have a clear legal basis.

"This practical arrangement has the potential to make the completion of the transfer of prisoners between countries not having clear standard rules, potentially subjective according to the taste of who is in power," said Andreas.

Andreas then explained about the contents of Article 45 paragraph 2 of Law No. 22 of 2022 which mandates that the provisions for the transfer of prisoners are regulated by law. Andreas said that the regulation does not mandate the transfer of prisoners through practical arrangements.

"Therefore, the Government needs to explain to the public why and why the transfer of prisoners ignores the Correctional Law. This will set a bad precedent, because it is the government itself that ignores the laws in this country," he explained.

According to Andreas, Indonesia has long been known as a country that has strict policies against narcotics smugglers. This firmness must be maintained to show Indonesia's commitment to protecting its people from the dangers of drugs.

"However, with the repatriation of Mary Jane and Bali Nine inmates, there is a perception that the Indonesian legal system can be negotiated or influenced by diplomatic pressure," Andreas said.

Andreas assessed that this issue was not only about Mary Jane and Bali Nine inmates, but only about the integrity and credibility of Indonesian law. He also emphasized the importance of strengthening more assertive legal regulations and not providing space for diplomatic intervention or political pressure from foreign parties.

"How will other countries respect our law if we ourselves do not show firmness and consistency in enforcing it ?," he said.

"Strict and non-negotiable law enforcement is the key to maintaining Indonesia's authority as a sovereign state of law," Andreas concluded.