Yusril: The Government Immediately Forms A Law On The Mechanism For Moving Prisoners

Coordinating Minister for Law, Human Rights, Immigration, and Correction Yusril Ihza Mahendra (Photo: Antara)

JAKARTA - The government will soon establish a law related to the mechanism for transferring the narapindana or transfer of the prisoners.

Coordinating Minister for Law, Human Rights, Immigration and Corrections Yusril Ihza Mahendra said that currently the draft law is already in the Ministry of Law.

"The draft law is already in the Ministry of Law, so that we will immediately make it. There are only a few articles in the law, really. Hopefully, it will be finished quickly," said Yusril quoting Antara.

He explained that Law Number 22 of 2022 concerning Corrections mandates that the provision for the transfer of prisoners is regulated by law. Meanwhile, laws regarding mutual legal assistance (MLA) cannot be used as a basis for the transfer or exchange of prisoners.

Yusril acknowledged that there is no special law governing the transfer or exchange of prisoners. The recent transfer of foreign prisoners by the government is President Prabowo Subianto's discretion.

"Because there is no (special law) yet, it is open to the President to formulate a policy and is a presidential discretion for this," he said.

Meanwhile, the transfer of foreign prisoners carried out by the Government of Indonesia in December 2024 was based on a practical arrangement agreement. However, Coordinating Minister Yusril believes that the special law regulating this is necessary.

"Although it is said that now it can be done with an agreement, it is better if we make the law so that there is no doubt anymore," he said.

Previously, Indonesia had transferred the death row convict for smuggling 2.6 kilograms of heroin, Mary Jane, to her home country, Philippines, on Wednesday (18/12/2024) in the early hours of the morning. Mary Jane was transferred based on a practical arrangement signed by Yusril and Deputy Minister of Justice of the Philippines Raul T. Vasquez.

Indonesia has also transferred five Bali Nine inmates to Australia, on Sunday (15/12/2024). Five inmates who served life imprisonment in the case of smuggling 8.2 kilograms of heroin were transferred based on the practical arrangements signed by Yusril and Australian Interior Minister Tony Burke.

On the other hand, the government is discussing the transfer of the death row convict in the French narcotics case, Serge Areski Atlaui. Coordinating Minister Yusril estimates that the signing of a practical arrangement with the French Minister of Justice will be carried out in February.