Bill on International Prisoner Transfer Targeted for Completion This Year
The Coordinating Minister for Law, Human Rights, Immigration, and Correctional Affairs, Yusril Ihza Mahendra, has set a target to complete the final draft of the Bill on the Transfer of Prisoners between Countries within this year.
While presiding over a meeting with the Minister of Immigration and Correctional Affairs, Agus Andrianto, and other officials in Jakarta on Wednesday (16/9), he urged the acceleration of the Bill’s preparation to serve as a legal foundation that provides certainty in the execution of cross-border prisoner transfers.
“Our target is that, if possible, it must be finished this year,” Yusril stated.
He emphasised that the drafting of the regulation must be conducted effectively, taking into account the prisoner transfer practices that Indonesia has historically implemented. He noted that the established regulations must provide legal certainty without creating mechanisms that complicate the transfer and rehabilitation processes.
“We have it easy because these practices are already being implemented in the field without obstacles. We should continue with what works rather than creating new rules that might make things difficult later,” he said.
Yusril explained that a crucial element to be clarified in the Bill is the authority and responsibility of the receiving state once a prisoner has been transferred. This issue has been a key focus in the discussions regarding the draft agreement for prisoner transfers with Malaysia. The Coordinating Minister argued that once the transfer process is complete, the responsibility for the prisoner’s rehabilitation should lie with the receiving country.
Consequently, authority regarding rehabilitation, including the granting of remissions or pardon mechanisms such as clemency, could be executed based on the legal provisions of the country receiving the prisoner. “Therefore, we ourselves will make the decisions regarding the rehabilitation of these prisoners. Once the responsibility for rehabilitation is handed over, it becomes the responsibility of the relevant government, no longer Indonesia,” Yusril added.
Regarding cooperation with Malaysia, Yusril noted that discussions on the draft agreement are progressing and nearing the final stage. He stated that negotiations with Malaysia should continue while awaiting the completion of the Bill. “If this Bill is not yet finished, it is better that we continue these negotiations with Malaysia. Once the Bill is completed, I will hand it back to the Minister of Immigration and Correctional Affairs,” the Coordinating Minister remarked.
During the meeting, Minister of Immigration and Correctional Affairs Agus Andrianto stated that his ministry has received instructions to act as the initiator of the Bill on the Transfer of Prisoners between Countries. He mentioned that the Ministry of Immigration and Correctional Affairs has conducted internal discussions and will soon form an inter-ministerial committee to accelerate the drafting process.
“In essence, we are ready to immediately follow up on the instructions from the Minister of State Secretary and the Coordinating Minister; hopefully, the team we assemble can work quickly. We also realise that this is an extremely necessary piece of legislation,” said Agus.
Agus added that the regulation is expected to simplify the transfer process for Indonesian citizens from other countries to Indonesia and vice versa, through a clear and non-bureaucratic mechanism.
The meeting focused on accelerating the preparation of the Bill and reviewing the progress of prisoner transfer cooperation between Indonesia and Malaysia. This initiative is part of the government’s efforts to strengthen the legal framework for prisoner transfers with other nations. The regulation is expected to provide certainty regarding transfer mechanisms, rehabilitation authority, the responsibilities of receiving states, as well as administrative and funding aspects in its implementation. It was also noted that the specific procedures for prisoner transfers will be further regulated through ministerial regulations.