Special Privileges in Indonesian Prisons...

Sometimes it pays to keep things quiet, particularly if you are enjoying the benefits of paying a little extra for better prison living conditions and other special privileges that are not being enjoyed by the masses.

Artalyta Suryani and a couple of other inmates of the Pondok Bambu Women's Prison in East Jakarta were discovered to be enjoying special privileges and living conditions which they were supposedly self-funding. However, that game came to a rather abrupt end when the Minister of Law and Human Rights, Patrialis Akbar, determined through his Department to transfer Suryani, and two others, Aling and Darmawati, to the women's prison at Tangerang where they will share a 2.5m x 3m cell with another woman.

The days of flat screen televisions, karaoke machines, refrigerators, spa treatments, and the like are over, at least for the foreseeable future for these women.

The moral of this story might simply be that sometimes it is better not to talk about the advantages one enjoys during their incarceration for the fear of losing those privileges permanently and much more quickly than they took to acquire in the first place.

The Corby family and her supporters are quick to note that they have partaken of the "system" in order to facilitate better conditions for Schapelle during her incarceration in Kerobokan prison in Bali. The photos and videos of Schapelle's living quarters show a spartan but relatively clean existence. Nevertheless, maybe it might not be in Schapelle's best interests to wage a very public media campaign regarding the ability to purchase better conditions and favours.

Perhaps Suryani and her fellow formerly 'lucky' prisoners wish that they had kept a lid on the luxuries that they were enjoying.

Just a thought.

Australians -- Working Holidays in Indonesia

Working and holidaying in Indonesia for Australian citizens has become, at least in the regulatory sense, easier. The Minister of Law and Human Rights has issued Regulation No. M.HH-04.GR.01.06 of 2009 to facilitate the issue of limited stay visas to Australian citizens based on a Memorandum of Understanding signed between the Governments of Indonesia and Australia on 3 March 2009.

The regulation has been issued in order to set out the immigration facilities that are to be offered within the framework of these special limited stay visas.

The limited stay visa is to be applied for in Australia and if granted is valid for a period of 12 months. The visa will allow the holder to work in the education, tourist, health, social, sport, and cultural sectors in a non-ongoing manner. Those employed on this type of visa can be so in either a voluntary or paid capacity.

There is a quota set as to the number of visas that can be issued, this quota is 100 per calendar year (1 July through 30 June). It is unfortunate that the quota is set at such a small number because with the right marketing this scheme could be a real winner. However, the scheme is a reciprocal one and the quota limit for Indonesians permitted to avail themselves of a working holiday opportunity in Australia is also restricted to 100 successful applications.

The visas are also subject to strict conditions:
a. The main purpose is to holiday;
b. The applicant is aged between 18 and 30;
c. The applicant holds, at least, a certificate at academy level or is two years into a higher education qualification;
d. The applicant holds a recommendation certificate from the Department of Immigration and Citizenship in Australia;
e. The applicant is functionally literate in Indonesian;
f. The applicant holds a return air ticket and has a minimum of AUD 5000 in the bank; and
g. The applicant has not been a participant in the working holiday scheme previously.

There are fees to be paid for making an application for this visa type. The fees have not been set yet, but it would be expected that this type of visa will incorporate the visa-on-arrival fee.

It is expected that the Director General of Immigration will issue all necessary subsidiary regulations as required to implement this regulation. It is important to note that the Minister of Justice Regulation No. M.02-IZ.01.10 of 1995 remains in force. However, where there are any conflicts between this regulation and the Minister of Justice regulation, then this regulation prevails.

This is a good move for both countries as it will go a long way to maintaining current relationships and fostering a new and deeper understanding and appreciation of each other's cultures and ways of life.

Bali Bombers -- Execution Postponed?

The word on the street is that the execution of the Bali Bombers is going to be later rather than sooner. Later being sometime before the new year. So, when I last reported that I thought that the three murderous stooges (AKA Amrozi, Samudra, and Mukhlas) were having themselves on when they said that they would still be breathing air through December, this was somewhat off the mark. It seems that the person having themselves on about an imminent execution, was me.

The reason is "technicality" or more specifically delays in the paperwork and the prospect of more appeals and the finalization of the previous last ditch effort to claim that the firing squad was an inhumane form of execution.

These constant delays and constant reminders and the continued lack of remorse must be very frustrating for the families of those who lost loved ones and who are looking forward to the day that these murderers suffer the fate that they have been sentenced to. I can only try to imagine what this frustration and constant reminder must be like.

I guess there is always hope for the families that the government will keep its word and execute them in the near future.

On a slightly different note, Abu Bakar Ba'asyir, the alleged spiritual leader of Jemaah Islamiyah, was refused entry to the Batu Prison on Nusakambangan. Unfortunately for Ba'asyir he did not have the necessary paperwork to visit prisoners on death row and the guards told him to go away and come back when he was properly documented. The proper paperwork is the necessary stamps from the relevant offices of the Department of Law and Human Rights.

This did not make much of an impression on Ba'asyir or the members of the Ba'asyir entourage. However, there appears to be no such restrictions with regards to visiting regular inmates. So, he made the trip to Nusakambangan and visited those convicted of terrorism offences but not on death row.

Bali Bombers and Eid Remissions

In Indonesia when a person is sentenced in a criminal matter they are sentenced to a term of imprisonment. Unlike Australia they are not sentenced to a Head Sentence and a Non-Parole period.

Therefore, prisoners in Indonesia are given remissions for good behaviour and offer things. These remission normally happen twice a year. The first is in recognition of Independence Day and the other is generally at the time of the religious holiday of the prisoner. For Muslims, this would be Eid ul-Fitr (Idul Fitri in Indonesia).

Those prisoners that have been sentenced to life in prison or to death do not get to enjoy any remissions. It is uncommon for death sentences to be commuted to life and similarly for life sentences to be reset to a definite period of incarceration once the sentences have been handed down and affirmed on appeal.

The Department of Law and Human Rights has received recommendations for remissions from throughout the archipelago. These recommendations include nine individuals that were convicted and sentenced to prison in relation to the Bali Bombings I (five individuals) and II (four individuals).

The remissions recommended are for between one and two months. It is worth noting that the nine convicts involved received remissions of five months and three months in August as part of the Independence Day remissions.

Schapelle Corby -- Transfer Refused

The Department of Law and Human Rights has officially rejected a Corby request to move to the Bangli Prison. The Bangli Prison is still in Bali but it is closer to the Australian Consulate in comparison to Kerobokan Prison. The other feature of the Corby request was that one of the reasons was her deteriorating mental health.

By all reports Corby's mental health is still precarious. This may or may not be true. Nevertheless, the manner in which the rejection is characterized is certainly not going to be of any assistance in improving the Corby depression.

The basic reason for the rejection is that she has not served a long enough portion of her sentence. It seems that if she had served 3/4 of her sentence then the request might have been considered favourably. This comment suggests two things; the Department is not going to provide any preferential treatment to Corby and that they expect her to do her sentence in Bali.