DIY Ministry Of Law And Human Rights Considers Proposing Changes To Mary Jane's Death Penalty

Documentation - Convicted of death of drug case from the Philippines Mary Jane Fiesta Veloso while participating in a fashion show competition on Kartini Day some time ago. (ANTARA PHOTO/Yeyen)

YOGYAKARTA - The Regional Office of the Ministry of Law and Human Rights (Kemenkumham) of the Special Region of Yogyakarta considers the proposed change of sentence for the death penalty for a drug convict from the Philippines Mary Jane Fiesta Veloso when the new Criminal Code is in effect.

"Maybe when we were in prison, women (Class II B Yogyakarta) had a lot of records on their good behavior. Yes, maybe we can propose a criminal change," said Head of the Correctional Division of the DIY Kemenkumham Regional Office Gusti Ayu Putu Suwardani in Yogyakarta as reported by ANTARA, Tuesday, May 2.

According to Ayu, for almost 13 years waiting for the death penalty, after her clemency was rejected by the president, Mary Jane while in prison had an assessment of good behavior.

Not only good behavior, he continued, Mary Jane was also considered to be actively participating in various prison activities to be able to produce many works, including the design of contemporary batik motifs to paintings.

"Actually, from the start he was not a controversial person. All activities have been followed until now he has been able to speak Indonesian, Javanese, have very good batik, and now he is designing batik in women's prisons," explained Ayu.

In Article 101 of Law Number 1 of 2023 concerning the Criminal Code, it is stated that if the application for clemency for the death row convict is rejected and the death penalty is not carried out for 10 years since the clemency is rejected, not because the convict has fled, then the death penalty can be changed to life imprisonment with a presidential decree (keppres).

In addition, Article 100 of the new Criminal Code Law states that the convict is given a probation period of 10 years and if during those 10 years he acts well, then the sentence can be changed to life imprisonment with a presidential decree.

However, according to Ayu, the Regional Office of the Ministry of Law and Human Rights DIY is still waiting for derivative regulations related to the new Criminal Code Law which will take effect in the next three years.

"We will ask for directions from the minister," he added.

Then, if during clemency it can be proposed by the prison, he continued, then it is not certain whether the change in punishment for Mary Jane can also be proposed by the Yogyakarta Class II B Women's Prison.

"If the report card is very good. So, we just have to wait and see what the government's policy will be given to Mary Jane in three years, because it's almost 13 years, yes. We just pray," he said.

Through the Inmates' Assessment Center (Ascena) application owned by the Ministry of Law and Human Rights, behavior report cards of inmates, including Mary Jane, have been recorded digitally from the beginning in prison until now.

In April 2010, Mary Jane Fiesta Veloso was arrested at Yogyakarta's Adi Sutjipto International Airport for being caught red-handed carrying 2.6 kilograms of heroin. Furthermore, in October 2010, Mary Jane was sentenced to death by the panel of judges at the Sleman District Court (PN), Yogyakarta.

President Joko Widodo also rejected the clemency request submitted by Mary Jane in 2014.

When he was about to undergo the execution of death along with eight drug convicts in Nusakambangan, Cilacap, Central Java, April 29, 2015, Mary Jane failed to be executed and returned to Yogyakarta Prison because there was a request from the Philippine authorities regarding Maria Kristina Sergio' confession that Mary Jane was suspected of being a victim of human trafficking.