Indonesia and Malaysia Agree on Key Points of Prisoner Transfer Agreement

The governments of Indonesia and Malaysia have agreed on the principal points of a prisoner transfer agreement that will serve as the basis for cooperation in repatriating their respective citizens undergoing legal processes in the two countries. Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra stated that discussions on the draft agreement have reached a principled consensus and will proceed to the next stage before being signed by both nations. “With the guidance of Malaysian Prime Minister Anwar Ibrahim, the principal points of the draft prisoner transfer agreement have been agreed upon and will be discussed at the next level,” Yusril said in Jakarta on Tuesday. He noted that the Indonesian government is paying serious attention to this cooperation, given the large number of Indonesian citizens currently serving sentences in Malaysia. Yusril explained that Malaysia had previously proposed that the granting of remission, amnesty, abolition, or other forms of clemency to repatriated prisoners would still require the approval of the country where the sentence was originally imposed. However, this proposal was rejected by Indonesia, which insisted that the authority for rehabilitation and granting clemency must rest entirely with the receiving state. “There is only an obligation to officially report that a remission or pardon has been granted. We will fully respect their authority,” Yusril said. He added that the same principle would apply to Malaysian citizens repatriated from Indonesia to serve the remainder of their sentences in their home country. Yusril said Prime Minister Anwar Ibrahim agreed with this view during a meeting in Putrajaya on Monday, acknowledging that the rehabilitation of prisoners after repatriation is the full responsibility of the receiving state. He assessed that the agreement, which is soon to be signed by both countries, demonstrates the government’s commitment to protecting citizens facing legal problems abroad. According to data from the Coordinating Ministry for Law, Human Rights, Immigration, and Corrections as of June 2026, there are 314 Malaysian citizens in the Indonesian correctional system, comprising 47 detainees and 267 convicted prisoners. Of these, 23 have been sentenced to death, 51 are serving life imprisonment, and 193 are serving various prison terms. The majority of these Malaysian citizens, 290 cases, are involved in narcotics offences, with the remainder related to health violations, immigration, electronic information and transactions, protection of migrant workers, fraud, fisheries, and money laundering. Meanwhile, Malaysian government data records 6,622 Indonesian citizens in its correctional system, consisting of 1,722 detainees and 4,900 convicted prisoners. Among them, two are on death row, 49 are serving life sentences, and 6,571 are serving prison terms. The data also notes that 62 Indonesian nationals belong to vulnerable groups, including the elderly, those with mental disorders, children under 18, persons with disabilities, pregnant women, and women with toddlers.