Yusril aims to finalise draft Bill on International Prisoner Transfer this year
Jakarta (ANTARA) - The Coordinating Minister for Law, Human Rights, Immigration, and Correctional Affairs, Yusril Ihza Mahendra, aims to finalise the draft 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 officials in Jakarta on Wednesday, 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 completed this year,” Yuslam stated.
He emphasised that the drafting of the regulation must be carried out effectively, taking into account the prisoner transfer practices that Indonesia has implemented thus far. He noted that the established regulations must provide legal certainty without creating mechanisms that complicate the transfer and rehabilitation process for inmates.
“We have it easy because these practices are already being implemented in the field without obstacles. We should simply continue that approach rather than creating new rules that might cause difficulties later,” he said.
Yusril explained that one of the crucial elements requiring clarification in the Bill is the authority and responsibility of the receiving country once a prisoner has been transferred. This issue is 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 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 remarked.
In the context of cooperation with Malaysia, Yusril stated that discussions on the draft agreement are underway and nearing the final stage. Therefore, he noted that negotiations with Malaysia should continue while awaiting the completion of the Bill.
“If this Bill is not yet finished, it might be better for us to proceed with the negotiations with Malaysia. Once the Bill is completed, I will hand it back to the Minister of Immigration and Correctional Affairs,” the Coordinating Minister added.
During the meeting, Minister of Immigration and Correctional Affairs Agus Andrianto stated that his department has received instructions to act as the initiator of the Bill on the Transfer of Prisoners between countries. It was 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.
“Essentially, 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 facilitate the transfer process for Indonesian citizens from other countries to Indonesia and vice versa, through a clear and non-bureaucratic mechanism.
The meeting discussed the acceleration of the drafting of the Bill on the Transfer of Prisoners between countries, as well as the progress of prisoner transfer cooperation discussions between Indonesia and Malaysia. This activity is part of the government’s steps to expedite the completion of the Bill and strengthen the legal foundation for prisoner transfer cooperation with other nations. The regulation is expected to provide certainty regarding transfer mechanisms, rehabilitation authority, the responsibilities of the receiving country, as well as administrative and funding aspects in its implementation.