Justice Minister Supratman Andi Agtas told Reuters on Saturday that Indonesia had agreed “in principle” to hand over the five prisoners to Australia, although details of the transfer were still being discussed, with Indonesia keen also that some of its prisoners held in Australia be transferred. be repatriated in return.

The five Australian prisoners were members of the Bali Nine, arrested in 2005 for trying to smuggle just over 8 kilos of heroin out of Bali. They are the last members of the group serving life sentences. The rest were executed, released, or died of other causes.

Supratman acknowledged that Indonesia lacked formal procedures for international prisoner transfers, but said such procedures would soon be developed. He added that the transfer would depend on the counterpart country’s recognition of Indonesia’s judicial process.

“This (transfer) is important to maintain good relations with friendly countries. But it is also in our interest because we have prisoners abroad,” Supratman was quoted as saying by Reuters.

Australian Trade Minister Don Farrell confirmed that negotiations were ongoing and that the five Australians would continue to serve their sentences if the transfer deal was reached, AFP reported.

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Coordinating Minister for Politics and Security Yusril Ihza Mahendra and Head of the Presidential Communications Office Hasan Nasbi were unavailable for comment when contacted by Jakarta Post on Sunday.

Also read: Indonesia agrees to return death row inmate Mary Jane Veloso to the Philippines

If the prisoner transfer goes ahead, it will follow another under the Prabowo administration, that of Filipino domestic worker Mary Jane Veloso, whom Indonesia agreed last week to return to the Philippines. Veloso is currently incarcerated in a prison in Yogyakarta, where she has been held for 14 years. She had been sentenced to death.

Human rights activists applauded the government’s decision to return Veloso. But some legal experts have questioned the legal basis for his transfer.

Coordinating Minister Yusril said Friday that such a deal was possible through a mutual legal assistance agreement, which he said was well within the power of the sitting president to continue despite the absence of regulation.

But he also urged the government and lawmakers to quickly develop a law on the issue.

Change of tone

Indonesia’s notoriously strict drug laws, which do not spare foreign nationals from death row, have in the past sparked international outrage.

The April 2015 execution of the two leaders of the Bali Nine, who, along with five other foreign nationals and one Indonesian, were shot, caused a major diplomatic rift between the administration of then-President Joko “Jokowi” Widodo , and Australia, which recalled its ambassador in protest.

Veloso, meanwhile, was supposed to be among those sentenced before receiving a last-minute reprieve, followed by several failed attempts by the Philippines over the years to seek her return.

When it was finally granted last week, Philippine President Ferdinand “Bongbong” Marcos Jr. expressed his “sincere gratitude” to Prabowo, whom he met in a bilateral meeting in September when Prabowo was still president elected.

Also read: Indonesia agrees to return death row inmate Mary Jane Veloso to the Philippines

As in the case of Veloso, the Australian government had no luck negotiating the return of the remaining members of the Bali Nine until Prime Minister Anthony Albanese made a direct request to Prabowo on the sidelines of the Bali Nine summit. APEC in Peru last week.

Prabowo also received a similar request from France during the summit.

Legal basis

International law expert Hikmahanto Juwana has warned the government against rushing into a prisoner transfer plan, saying it would set a bad precedent for the Prabowo administration unless Indonesia first adopts a law on the matter.

“(Proceeding with the transfer without a clear legal basis) will tear our existing laws to shreds. Previous administrations always felt that prisoner transfers were not possible since there was no specific law regarding them, but the new administration seems to be completely ignoring this fact,” Hikmahanto told the Job on Sunday.

“Prabowo has his ‘good neighbor’ policy, but he cannot ignore our laws,” he added.

International relations expert Ahmad Rizky M. Umar said Indonesia’s new leniency on prisoner transfers was likely a result of Prabowo’s interest in improving bilateral relations.

“If the transfer of prisoners is part of a larger program, it is something that must be clearly communicated, and the proposed transfer itself must have a clear legal basis,” Ahmad said.

Read also: The return of Mary Jane Veloso is based on presidential discretion, says the minister

He called on lawmakers to first pass a law on prisoner transfers and for the Prabowo administration to clearly communicate the law’s policies to countries with which it negotiates.

Amnesty International Indonesia Executive Director Usman Hamid said negotiations over the prisoner transfer should prompt Indonesia to reassess its position on capital punishment, rather than simply seeking a transactional deal.

“It is time for Indonesia to comply with international standards in (how it treats prisoners), including by abolishing the death penalty, or at least imposing a moratorium on it,” he said. Usman said.