Human Rights, State Sovereignty, and the Death Penalty: Indonesia’s Diplomacy Approach on Bali Nine

Yu Sin Huong,Ying Hooi Khoo

doi:10.32890/jis.15.2019.8024

Abstract

The discrepancies in Indonesia’s diplomatic approach on the death penalty for its people abroad and other nationalities at home have raised ‘double standard’ concerns. By looking into the factors affecting Indonesia’s diplomatic approach to Australia using the case of Bali Nine, the study explored the rationale of the Indonesian government putting national interest over its human rights commitment despite the increased pressure on its death penalty practice in the debate between human rights and state sovereignty. This study used the interview method with two objectives. First, to investigate the factors influencing Indonesia’s diplomatic approach to the Bali Nine case, and second, to explore the conflict between human rights and state sovereignty by drawing upon the theoretical framework on human rights and foreign policy as proposed by Jack Donnelly. The finding of this paper suggests that human rights interests are subordinated to other national interests in balancing the objectives of Indonesia’s diplomacy on the drug-related death penalty practice.

Highlights

The notion of human rights is observed in the preamble of the 1945 Indonesian Constitution1, under the Pancasila principles
As a strong human rights advocator in the region of Southeast Asia, the drug-related death penalty practice in Indonesia becomes incoherent with its Constitution, foreign policy objectives and obligations outlined in ratified international human rights treaties
This paper is grounded on Jack Donnelly’s argument in terms of human rights and national interests, focusing on the sovereignty of states in the diplomatic context. It discusses the Indonesian government’s diplomatic approach to the death penalty issue, outlined in the background context of the Bali Nine case, analyses the diplomatic initiatives and responses taken by both the Australian and the Indonesian governments, and identifies the factors affecting the diplomatic approach of the Indonesian government to the case

Summary

Introduction

The notion of human rights is observed in the preamble of the 1945 Indonesian Constitution1, under the Pancasila principles. Since the administration of Jokowi in 2014, Indonesia’s strong diplomatic responses to the Bali Nine case became the focus of the international society to understand human rights in the Indonesian foreign policy.

Results

Conclusion