JAKARTA, LITERASIHUKUM.COM - The Indonesian and Malaysian governments have agreed on the main points of a prisoner transfer agreement as a basis for the repatriation of their respective citizens who are undergoing legal or criminal proceedings.

Coordinating Minister for Law, Human Rights, Immigration, and Correctional Facilities Yusril Ihza Mahendra stated that the draft agreement has reached a principle understanding and will proceed before the official signing.

The Authority of the Receiving State Becomes an Important Issue

During the discussions, Indonesia rejected the proposal that the granting of remission, amnesty, or abolition after transfer would still require the approval of the sentencing state. Indonesia considers these authorities to reside with the receiving state after the prisoner has been transferred.

Nevertheless, the receiving state still has the obligation to report the progress of the sentence execution to the sentencing state in accordance with the agreed-upon mechanism.

Thousands of Indonesian Citizens Still Within Malaysia's Correctional System

Government data indicates that thousands of Indonesian citizens are still within Malaysia's correctional system, serving as both detainees and convicts. On the other hand, hundreds of Malaysian citizens are also recorded in Indonesia's correctional system.

The prisoner transfer agreement is expected to provide a clearer legal framework for the repatriation of citizens, including vulnerable groups requiring special handling.

Next Steps Towards Signing

This principal agreement is not yet a final treaty. Both countries still need to complete the alignment of the draft, technical procedures, and diplomatic stages before the agreement can be signed and implemented.