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Indonesian Law

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by

Alanna Mills

on 6 September 2015

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Transcript of Indonesian Law

Legal Issues
Difference in Law - between Australia and Indonesia
Indonesia - harsh penalties due to current drug problems (Death Penalty)
Australia - Drug Trafficking - prison sentence of 25 years
Stakeholders
Australian Government/ Economy - had to be careful not to damage trade relationships
Family of those arrested - constant state of worry - financial burden of flights and lawyers
Bali Tourism - 'boycott Bali' trend among Australians - predicted decline
Legal Outcomes
Seven of the nine members - lengthy prison sentences
Two leaders - Muyran Sukumaran and Andrew Chan - charged with the death penalty
Not a fair and just outcome
Australia - opposed to the death penalty
Sovereignty of the law of a country must be respected
The Facts
Bali Nine - 9 Australian citizens arrested in Bali 2005
Drug trafficking under Indonesian Law - planned to smuggle 8.3 kilograms of heroin from Indonesia to Australia
Indonesian Law No. 35/2009 - Group 1 Drug Trafficking - 5 to 15 years' imprisonment, fines from AUD $155 000 to 1.6 million, possibility of death penalty
Universal Declaration of Human Rights
Death Penalty breaches human rights
Article 3 - 'Everyone has the right to life…'
Article 7 - 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.'
Treaties
Lombok Treaty - between Indonesia and Australia - signed in 2006
Security policies and security-related issues
Absence of any human rights protection
Indonesian Law
Australian Law
Recommendations
Australians must stay informed on overseas laws before travelling - 'Smart Traveller' website
An internation body could be implemented -aim to ensure a fair trial to every person charged in a country which is not their own
New treaty developed between Australia and Indonesia - protect the lives of Australian citizens when in Bali
Human Rights and International Law
THANK YOU!
'Bali Nine' Case Study
Mutual Assistance in Criminal Matters Treaty
Void - death penalty imposed
No treaty available
Difference in Court Systems - Adversarial vs Inquisitorial
Adversarial - Australian - defendant is innocent until proven guilty
Inquisitorial - Indonesian - defendant guilty until proven innocent
Inquisitorial system - possibility of bias - unfair trial
Full transcript