The fate of the remaining Bali Nine members now rests with the Australian government after Indonesia submitted a draft proposal outlining the terms of their return home.
Yusril Ihza Mahendra met with Australian Home Affairs Minister Tony Burke in Jakarta on Tuesday and handed over a draft proposal for the return of the five detainees, who were arrested in 2005 when they tried to seize more than 8kg of heroin from the Indonesian holiday destination. island to smuggle.
They include Scott Rush, Matthew Norman, Si-Yi Chen, Martin Stephens and Michael Czugaj.
Leaders Andrew Chan and Myuran Sukumaran were executed in 2015, sparking a diplomatic incident with Australia, while Renae Lawrence was released in 2018 and Tan Duc Than Nguyen died of cancer the same year.
Mr Mahendra said the terms of the draft included the five not being allowed to return to Indonesia, rules on the legal basis for the transfer and a requirement that Australia respect the Indonesian court’s decision.
“The ball is no longer in our government’s court, it is in the Australian government’s court,” he explained.
However, he stressed that Indonesia has a strict policy of never pardoning drug offenders
“Not only to foreigners, we have never given it to our citizens, how can we give leniency to foreigners?
Indonesian Prime Minister of Law and Human Rights Yusril Ihza Mahendra and Australian Home Affairs Minister Tony Burke
Si Yi Chen, Matthew Norman, Martin Stephens, Michael Czugaj and Scott Rush. A deal to bring Bali Nine members home could be reached soon once transfer details are sorted
‘We never release them. Don’t misunderstand. We are sent back to the country in question as prisoners in one condition.
“So even if the Bali Nine case is later transferred to Australia, it is not us who free them, we transfer them to Australia as prisoners.
“They will later serve their sentences in Australia based on our court ruling. That must be recognized and respected by the Australian government.”
If the Australian government later decides to grant a pardon, remission or amnesty, that decision will be entirely within their jurisdiction, Mahendra said.
The presentation of an Indonesia proposal at the meeting was “an important step forward and demonstrates significant goodwill,” Burke said on Tuesday.
Obstacles within both legal systems were discussed.
“I have full respect for the Indonesian legal system and approach the discussions with great respect and great humility,” he said.
“There are … a number of issues that have not yet been resolved and that work between our officials will continue.”
Jakarta is reportedly seeking the repatriation of Indonesian prisoners held in Australia as part of a possible deal.