Bandung - The Directorate General of legal Administrative Affairs (Ditjen AHU) through the Directorate of Central Authority and International Law (OPHI) of the Ministry of Law, held a public discussion with the theme “Meaningful Participation in the Refinement of the Academic Paper of the Draft Law on the Transfer of Sentenced Person (TSP)”. The event aimed to strengthen public participation and involve all stakeholders related to the process of refining the Academic Paper of the Draft Law on the transfer of sentenced person (TSP), which is considered important in the midst of Indonesia’s interest in upholding the protection of human rights and providing legal certainty to citizens serving criminal sentences abroad.
OPHI Director, Andry Indrady, in his remarks conveyed the message that meaningful participation from the community is an important step in obtaining various perspectives from the community and related institutions. “With today's activity, it is hoped that there will be improvements in policy formulation through the involvement of relevant stakeholders in the field of intercountry TSP,“ he said on Thursday (14/11/2024). Andry also emphasised that meaningful public participation is very important in ensuring that the Academic Paper of the Draft Law on TSP that is being drafted is able to accommodate the legal needs that apply in Indonesia while meeting international standards.
The public discussion was attended by representatives from various institutions and agencies, including the National Legal Development Agency (BPHN) of the Ministry of Law, the Directorate General of Corrections of the Ministry of Immigration and Corrections, the Supreme Court, the Attorney General's Office, the Indonesian National Police, the Ministry of Foreign Affairs, academics, and civil society representatives. The participants actively discussed important aspects of the Academic Paper of the Draft Law on TSP, such as the terms and procedures for transfer, the mechanism for regulating transfer requests, the principle of double criminality, and the procedures that must be followed in the process of transferring prisoners both inside and outside the territory of Indonesia.
In the discussion session, with speakers who were legal experts from the University of Indonesia, Padjadjaran University and the Directorate General of Corrections, the speakers delivered a number of materials including, among others, the Implications of the Application of Article 45 of the Correctional Act in the Criminal Justice System in Indonesia, the Implementation of the Transfer of Prisoners between Countries as a Criminal Implementation, and the Legal Politics of the TSP Law. Participants from academia suggested the need for flexible but firm policy formulation in protecting the rights of prisoners, while representatives of the High Court highlighted the importance of coordination between countries in the process of transferring prisoners.
Furthermore, Andry explained that the results of this public discussion will be compiled in the form of a discussion report that will become a recommendation for policy makers in finalising the Academic Paper of the Draft Law on TSP. "We are committed to ensuring that the Academic Paper of the Draft Law on TSP will later become a scientific and rational basis for the drafting of a comprehensive and implementative TSP Bill. In addition to providing legal certainty, the Academic Paper of the Draft Law is also expected to be able to protect the rights of prisoners and ensure a fair and humane transfer process,” he added.
The Academic Paper of the Draft Law on TSP is expected to be the basis for drafting stronger rules for the Indonesian government in managing the issue of transferring prisoners amid the increasing cases of Indonesian citizens serving sentences abroad. In addition, this legal instrument is expected to increase Indonesia's credibility in safeguarding the rights of prisoners in the international arena and strengthen bilateral cooperation with other countries.
