LEGAL DILEMMAS IN RELEASING INDONESIA’S POLITICAL PRISONERS

Daniel Pascoe

doi:10.15742/ilrev.v7n3.354

Abstract

In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to Jokowi in facilitating future political prisoner releases (including amnesty, clemency, remissions and conditional release), the advantages and disadvantages of each, before suggesting an acceptable way forward for all parties.

Highlights

On 9 May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted executive clemency to five political prisoners.2 Apotnaholik Lokobal, Linus Hiluka and Kimanus Wenda had each been sentenced to 20 years’ imprisonment, while Numbungga Telenggen and Yafrai Murib were both sentenced to life imprisonment.3 The five men were released as Jokowi handed them documents confirming that the remainder of their prison sentences would be set aside
In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life
The release of the five prisoners was publicly interpreted as a symbolic move towards reconciliation with the Free Papua Movement (Organisasi Papua Merdeka - OPM) in Indonesia’s Papua and West Papua provinces,4 while the president stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’

Summary

INTRODUCTION

On 9 May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted executive clemency to five political prisoners. Apotnaholik Lokobal, Linus Hiluka and Kimanus Wenda had each been sentenced to 20 years’ imprisonment, while Numbungga Telenggen and Yafrai Murib were both sentenced to life imprisonment. The five men were released as Jokowi handed them documents confirming that the remainder of their prison sentences would be set aside. In 2005, pursuant to a peace treaty, President Yudhoyono signed a decree granting amnesty and abolition to 1424 persons involved in the Gerakan Aceh Merdeka (Free Aceh Movement, or ‘GAM’), whether they had been imprisoned for offences such as treason, were under investigation or were being prosecuted, or whether they had never previously been subject to criminal proceedings.80 Both of these post-Reformasi acts of presidential leniency have been feted as successful and appropriate uses of executive powers in dealing with politiReturning to the present Indonesian administration, Jokowi’s final two options to release political prisoners. The Indonesian president does not possess a direct constitutional prerogative to grant remissions or conditional release, these remain legal options by which Jokowi, through the Ministry of Law and Human Rights, could arrange the release of Indonesia’s remaining political prisoners. Keputusan Presiden Tentang Remisi (Presidential Decision on Remission), No 174 Tahun 1999 (Indonesian Presidential Decision Number 174 Year 1999); Indonesia, Peraturan Menteri Hukum Dan Hak Asasi Manusia Tentang Syarat Dan Tata Cara Pemberian Remisi, Asimilasi, Cuti Mengunjungi Keluarga, Pembebasan Bersyarat, Cuti Menjelang Bebas, Dan Cuti Bersyarat (Regulation of the Minister of Law and Human Rights on the Conditions and Procedures for Remission, Assimilation, Family Leave, Conditional Release, Leave Approaching Release and Conditional Leave), No 21 Tahun 2013 (Indonesian Minister of Law and Human Rights Regulation Number 21 Year 2013)

DISCUSSION

CONCLUSION