Indonesian laws prescribe capital punishment for drug trafficking. [1] Jokowi has stated that he refused to grant any clemency for drug offenders facing execution. [2] Judicial executions in Indonesia are carried out pursuant to a Presidential Decree following a death sentence imposed by a trial court. [3] An international and legal controversy arose after it was revealed the president did not have or read the documents related to the clemency applications when he refused the clemency requests of two foreign nationals. [4] Jokowi argued that Indonesia is currently in a state of emergency over drug-related crime, asserting that "the number of (illegal drug users) who need rehabilitation is nearly 4.5 million people," adding that 1.2 million drug users could not be rehabilitated and nearly 50 of them died each day. [2] The Jakarta Globe reported that the statistics were faulty. [5]
In 2015, Australia, Brazil and the Netherlands recalled their ambassadors from Indonesia following the executions of their citizens. [6] [7] Australia proposed that issues around the proposed execution of its citizens Myuran Sukumaran and Andrew Chan, who in 2007 had been denied the right for judicial review by the Indonesia's Constitutional Court because they were not Indonesian citizens, [8] be put before the International Court of Justice. [9] On 29 April 2015, however, both men were executed. In response, Australia reduced its foreign aid to Indonesia by nearly half. [10] Former Indonesian constitutional court chief justice Jimly Asshiddiqie, who was a key player in the anti-death penalty lobby in Jakarta in the lead-up to the 29 April executions, said the push for the men's execution had come from Jokowi personally. [11]
In the same year, Jokowi granted
Mary Jane Veloso, a
Filipino who had been sentenced to death by an Indonesian court, a last-minute temporary reprieve, after Philippine President
Benigno Aquino III personally appealed to Jokowi for clemency.
[12]
[13] Her family maintained that "she was duped by a drug syndicate into flying to Indonesia in 2010 with more than five pounds of heroin hidden in a suitcase."
[14] The stay of execution was issued "after someone suspected of recruiting her and tricking her into carrying drugs to Indonesia turned themselves in to authorities in the Philippines."
[15] Serge Atlaoui, a French citizen, was sentenced to death in 2007 after being convicted of drug crimes. Corinne Breuze, the French ambassador to Indonesia, and
Francois Hollande, the French President warned Jokowi that there would be "bilateral and diplomatic consequences" if the execution went ahead.
[16]
[17] He was set to be executed in April, but was granted a temporary reprieve due to a pending appeal.
[17]
[14]
Jokowi's staunch pro-capital punishment stance has drawn international scrutiny, not only as it could harm Indonesia's foreign relations with the native countries of the condemned convicts, [18] but also because it imperils Indonesia's own citizens facing the death penalty abroad. [19] [20] Amnesty International condemned the executions saying they showed a "complete disregard for due process and human rights safeguards." [21] In July 2016, the third execution wave was set to be carried out. [22] Around 130 people remain on death row in Indonesia. [23]
References
- ^ "Why You Shouldn't Smuggle Drugs In Indonesia". TestTube News. 13 March 2015.
- ^ a b Ina Parlina; Margareth S. Aritonang; Severianus Endi (21 January 2015). "Jokowi refuses to budge on clemency issue". The Jakarta Post. Retrieved 6 July 2015.
- ^ "Penetapan Presiden Nomor 2 Tahun 1964". Pidana. 17 April 1964. Retrieved 23 July 2015.
- ^ Bachelard, Michael (19 February 2015). "Bali nine executions: Indonesia's President did not have all the documents when he refused clemency". Sydney Morning Herald. Fairfax Media.
- ^ Claudia, Stoicescu (6 February 2015). "Indonesia's Executions of Drug Convicts Based on Faulty Stats". Jakarta Globe.
- ^ "Bali Nine executions, Indonesia responds to Australia withdrawing Ambassador".
- ^ Arshad, Arlina (19 January 2015). "Brazil and the Netherlands recall ambassadors after Indonesian executions". Sydney Morning Herald.
- ^ "DECISION Number 2-3/PUU-V/2007" (PDF). Mahkamah Konstitusi.
- ^ Bachelard, Michael (2 May 2015). "Chan and Sukumaran execution 'illegal', but Indonesia ignores Australia again". Sydney Morning Herald. Fairfax. Retrieved 23 July 2015.
- ^ "Federal budget 2015: Foreign aid to Indonesia cut by nearly half, Africa aid down 70 per cent". Sydney Morning Herald. Fairfax Media. 13 May 2015. Retrieved 23 July 2015.
- ^ Bachelard, Michael (12 August 2015). "Schapelle Corby made it harder to save Andrew Chan and Myuran Sukumaran". Fairfax Media. Retrieved 12 August 2015.
- ^ "Veloso's execution not annulled, says Jokowi". The Jakarta Post. 29 April 2015. Retrieved 5 January 2016.
- ^ "Jokowi to Respond to Mary Jane's Clemency Appeal". Tempo.co. Tempo. 27 April 2015. Retrieved 23 July 2015.
- ^ a b Cochrane, Joe (28 April 2015). "Indonesia Executes 8, Including 7 Foreigners". New York Times. Retrieved 24 July 2015.
- ^ "Mother of Filipina spared from Indonesia firing squad hails 'miracle' reprieve". Australian Broadcasting Corporation. 29 April 2015.
- ^ "France wants halt to execution of its citizen". Jakarta Post. 18 April 2015. Retrieved 24 July 2015.
- ^ a b "Indonesia notifies convicts of execution, Frenchman granted temporary reprieve". 25 April 2015. Retrieved 24 July 2015.
- ^ Peter Alford; Brendan Nicholson (5 March 2015). "Diplomacy doomed to fail Andrew Chan and Myuran Sukumaran". The Australian. Retrieved 23 July 2015.
- ^ Sarah Gill (5 March 2015). "Capital punishment — Jokowi's twin policy positions". Jakarta Post. Retrieved 8 August 2015.
- ^ "Indonesia's Death Penalty Hypocrisy". 3 March 2015. Retrieved 2 April 2016.
- ^ "Indonesia executes drug smugglers by firing squad". Al Jazeera. Al Jazeera. 29 April 2015.
- ^ "UN Human Rights Chief Calls on Indonesia to Stop Executing Drug-Traffickers". Jakarta Globe. Jakarta Globe. Retrieved 28 July 2016.
- ^ "Death Penalty Worldwide". Cornell University Law School. Retrieved 24 July 2015.