Facing Death Penalty in Malaysia, Indonesian Migrant Worker Asih Returns Home

The National Commission on Violence Against Women (Komnas Perempuan) welcomes the return of Asih, an Indonesian Migrant Worker (PMI) who previously faced the threat of the death penalty in Malaysia. This homecoming is regarded as the result of a long process of cross-border advocacy in efforts to enforce human rights.

Komnas Perempuan revealed that it had received a complaint regarding the case from the victim’s advocate. As a follow-up, the institution also sent recommendation letters to various relevant parties as part of efforts to defend women facing the death penalty abroad.

Komnas Perempuan Commissioner Sundari Waris stated that Asih’s return is an important achievement, although the struggle to protect women is still far from over.

“Asih’s return is a small victory in a long struggle. Komnas Perempuan appreciates all parties who have fought tirelessly, the victim’s advocates, civil society organisations, as well as the governments of Indonesia and Malaysia who have carried out legal and diplomatic protection efforts until Asih could return to the homeland,” said Sundari in her statement on Thursday (9/4).

Furthermore, Komnas Perempuan assesses that this case reflects the layered vulnerabilities often experienced by women, especially those from economically limited backgrounds. In many cases, vulnerable women become victims of deception with promises of jobs, get entangled in human trafficking networks, and ultimately face severe legal consequences, including in narcotics cases.

According to Komnas Perempuan, in such situations, victims are often positioned as perpetrators and must bear disproportionate punishment, even though they are in exploitative conditions.

Komnas Perempuan also reminds that Indonesia has ratified several international legal instruments that should serve as references in handling similar cases. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) affirms the state’s obligation to ensure a non-discriminatory justice system for women, especially those in vulnerable conditions.

Additionally, the Palermo Protocol emphasises that victims of human trafficking should not be penalised for actions resulting from exploitation. Meanwhile, in Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the international community has affirmed that narcotics crimes do not fall into the category of “most serious crimes” that can justify the death penalty.

Another Komnas Perempuan Commissioner, Yuni Asriyanti, emphasised the importance of using this case as a momentum for policy improvement.

“This case must become a momentum to immediately integrate a human trafficking protection perspective into every handling of dark narcotics trafficking cases involving women, and strengthen diplomatic protection before execution threats arrive,” she concluded.