Attorney General Reveals Constraints Of Execution Of Foreigners In Indonesia

Attorney General Sanitiar (ST) Burhanuddin spoke at the DKI Jakarta High Prosecutor's Office building, Jakarta, Wednesday (5/2/2025). ANTARA/Nadia Putri Rahmani

JAKARTA - Attorney General Sanitiar (ST) Burhanuddin revealed the obstacles to the application of the death penalty in Indonesia.

Burhanuddin said there were 300 convicts who were sentenced to death. Most of the convicts are foreign nationals (foreigners).

He revealed that most of the foreigners convicted of death were convicts of drug cases originating from Europe, America, and Nigeria. In taking action against the convicts, the Prosecutor's Office cooperates with the Ministry of Foreign Affairs (Kemenlu).

However, this punishment is difficult to implement because in the process it must consider diplomatic relations between Indonesia and other countries.

"We have spoken several times, at that time the foreign minister was still the mother (Retno Marsudi, ed.), 'We are still trying to become members of this, this member. Please not just yet. Later we will be attacked later," he said as quoted by ANTARA, Wednesday, February 5.

In addition, he continued, the government is also considering the fate of Indonesian citizens (WNI) who are convicts in other countries.

"So, I did say, we are tired that we have demanded the death penalty, it cannot be implemented. That may be our problem," he said.

As recently, the government through the Coordinating Ministry for Law, Human Rights, Immigration, and Corrections repatriated the death row convict of a narcotics case from France, Serge Areski Atlaoui.

The process of moving/returning the death row convict Serge was carried out with an agreement from the two countries between Indonesia and France based on bilateral cooperation.

Special Staff for International Relations Ahmad Usmarwi Kaffah said that the return of the death row convict was carried out on the health condition concerned, requiring the French Government to repatriate him.

He revealed that with this agreement, the French Government must recognize the Indonesian court's decision. In this case, France must admit that Serge, a citizen of his country, is a convict who was sentenced to death.

In addition, the authority to foster prisoners will be handed over to the country concerned after being transferred. Indonesia will also respect the policies to be taken by France, including granting clemency to Serge.