The Capital Punishment for Bali Nine Issue and Its Implication of the Terms of Politic, Economic, Socio-Cultural, and Education

Aspects in Relationship of Australia - Indonesia.

Fatimah Nirwana Hasrullah817856

Topic: Australia – Indonesia Relationship

Research Problem: The Capital Punishment for Bali Nine

Issue and Its Implication of the Terms of Politic, Economic, Socio-Cultural, and Education Aspects in Relationship of Australia - Indonesia.

Indonesia imposed the capital punishment execution to 8 drug crime convicts (2 Australians, 1 Brazilian, 1 Ghanaian, 3 Nigerians, and 1 Indonesian).

The Australian government is one of the opponents who disagree for the execution of its citizen.

The Indonesian government decides to not to give any clemency for the drug crimes convicts.

Based on the country’s crisis over drug use and overtake the drug trafficking case as the extraordinary crimes.

It definitely causes the relationship between Australia – Indonesia into more sour and intense.

ISSUE

Drug trafficking and drug abuse show a significant increase every year in all over the world.

As the laws of market state there is demand, supply is following there.

Indonesia is one of the countries where has relatively high rates of drug crimes.

The drug trafficking has been into various level of society. More anxiety increases as civilian and law enforcement officials involve in the danger of drugs.

BACKGROUND

BNN (Badan Narkotika Nasional/ the Indonesian National Narcotics Agency): The drug trafficking categorized as extraordinary crimes. Causes a large amount of money to leave Indonesia which

eventually can cause the country financially bankrupt. 2011: Drug users in Indonesia reached 5 million people

(around 4.2 million people previous year). The majority of drug users are aged between 20-34 years. Destroying the young generation of the nation and states

that 33 Indonesians die every day as a result of drugs.

BACKGROUND

Bali becomes one of the main spot of drug trafficking activities.

The Bali Nine case is actual example of the practice of the drug market.

9 Australian people who planned to smuggle 8.3 kg of heroin (valued around $3.1 million US Dollars) from Indonesia to Australia.

They were arrested on April 17 2005 in Bali. 7 of them face the life imprisonment, such as, Si Yi Chen,

Michael Czugaj, Renae Lawrence, Tan Duc Thanh Nguyen, Matthew Norman, Scott Rush, and Martin Stephens.

2 of them as the ringleaders, Andrew Chan and Myuran Sukumaran face the capital punishment.

BACKGROUND

Indonesia’s president, Joko Widodo, has warned that there is no clemency for drug offenders.

Exactly on April 29th 2015, in the prison island of Nusakambangan, Andrew and Myuran were among eight people executed.

It sparked an unprecedented diplomatic response of Australia by withdrawing its ambassador from Indonesia in protest.

From Australia’s perspective, the convicts should not be punished and deserve for second chance in the name of human right.

From Indonesia’s perspective, the Indonesian government determinate to implement the punishment because of the criminal act of drug trafficking, the people, the country, and the national security defense are at stake.

BACKGROUND

To study the relationship of Australia – Indonesia focusing on the capital punishment regarding the Australian convicts who involved in Bali Nine case.

The Australian government working hard to release its citizen from the capital punishment, on the other hand, Indonesian government does not give clemency and decides to execute the Australian convicts.

The research is important to explain the dilemma of implications and consequences faced by two countries before and after the execution and analyze the prospect and to what extent of the relationship will turn out.

STATEMENT OF THE PROBLEM

1. How does the issue lead the relationship of Australia – Indonesia into a sour relationship in each perspective of the country?

2. Why there are many drug trafficking activities happen in Indonesia?

3. What are the long terms implications of politic, economic, socio-cultural, and education aspects for Australia – Indonesia?

RESEARCH QUESTIONS

By conducting this research, it will broaden the awareness to the writer and the reader about the strange and intense relationship of Australia – Indonesia, particularly for the Bali Nine case execution and also add new references to existing knowledge regarding the topic.

SIGNIFICANCE OF THE STUDY

As stated by Patrick Morgan of International Security: Problems and Solutions (2006), the main threat precisely comes from inside the state, including drug trafficking.

He states that the drug trafficking activities has become threat.

However, he does not explain clearly in detail what the drug trafficking is and how it becomes the threat.

LITERATURE REVIEW

Reinforced by United Nation Office on Drugs and Crime (UNODC) report in 2013:

The Southeast Asian nation is being used as a hub for drug trafficking by transnational crime groups to fill the demand of a large young population and a large market for drugs.

LITERATURE REVIEW

In the Strange Neighbors book by Desmond Ball (1991), it analyses about the history of Australia – Indonesia relationship, its problems, and its indicators.

Unusual neighbors that share many common interests, but have many differences which unlike in cultural values, political and policies frameworks, etc.

However, Ball does not include the explanation of the differences and just emphasize the bilateral relationship of the two countries.

LITERATURE REVIEW

Near Neighbors – Good Neighbors: An Inquiry into Australia’s Relationship with Indonesia by Joint Standing Committee on Foreign Affairs, Defense, and Trade (2004) stating that the relationship of Australia – Indonesia is a complex one and very important bilateral relationship.

The two countries are powerful partner, even though shaken by Bali and Marriot bombings cases.

It does not contain the implications of the good relationship itself, for example, increasing the GDP income of two countries on economic cooperation, rising up the students to study abroad in between two countries, etc.

LITERATURE REVIEW

Australia’s relation with Indonesia: Progress despite economic and socio-cultural constraints journal article by Christopher B. Roberts and Ahmad D. Habir (2014) brings up the bilateral relations over political security, cultural, and trade spheres.

The authors focusing on the security relations the case of territorial intrusions and the scandal spies, lack of understanding between the two countries. (Australians still see Indonesia as the authoritarian and Islamic extremism, Indonesian still afflicted with Australiaphobia).

However, the authors do not mention another important sphere in bilateral relationship and the explanations are not followed by real examples and its implementations for both countries.

LITERATURE REVIEW

Jamie Mackie in Australia and Indonesia: Current Problems, Future Prospects (2007) focuses on the history of the relationship between 2 countries, the future prospects, Australian national interests regarding Indonesia, and how to strengthen the relationship of each country.

The author also offends the Islamic with terrorism issue that occurred in Indonesia.

Unfortunately based on the explanation, the author is too emphasized on Australia’s side that Indonesia seems like a secondary country.

LITERATURE REVIEW

Colman Lynch in his Indonesia’s Use of Capital Punishment for Drug Trafficking Crimes: Legal Obligations, Extralegal Factors, and The Bali Nine Case (2009), discuss about the imposition of capital punishment on perspective of laws.

Yet, it is too focused on and only views the issue from the law aspects.

LITERATURE REVIEW

In the Use of the Death Penalty for Drug Trafficking in the US, Singapore, Malaysia, Indonesia, and Thailand: a Comparative Legal Analysis by Leechaianian and Longmire (2013), compares the use of capital punishment and any drug crimes in those countries.

This article argues that the punishment is disproportionate; the international drug treaties never suggested using it to deter crimes.

Fortunately, the four Southeast Asian countries, realize this disproportionality and have become reluctant to carry out executions for drug trafficking. Even though they continue to impose a large number of drug-related offenders to death annually.

However, the authors do not explain in more detail about the history of the capital punishment in each country and to what extent of the punishment itself.

LITERATURE REVIEW

Method of Research This research is using qualitative method. The data and information regarding the topic has been

collecting based on document study, archives, and interview.

Identification of Sources The sources of data are books, journal articles, news

websites, and government reports. Obtained from national library, the library of foreign ministry

of Indonesia, the Australia Embassy to Indonesia in Jakarta, Indonesia, Indonesia Embassy to Australia in Canberra, Australia, etc.

METHOD & IDENTIFICATION

Chapter 1 Introduction Chapter 2 Background Chapter 3 Australia – Indonesia Relationship

History of Australia – Indonesia Relationship Events and Cases Involved in between Australia – Indonesia Bali Nine Issue The Capital Punishment for Bali Nine Duo

Chapter 4 Drug Trafficking in Indonesia The Definition of Drug Trafficking The Expansion of Drug Trafficking in Indonesia Relation between Drug Trafficking and Bali Nine Issue Direct and Indirect Implications of Drug Trafficking for Indonesia

Chapter 5 Long-Terms Implications in Australia - Indonesia The Consequences from Political, Security, Economy, Socio-Cultural,

and Education Spheres between Australia – Indonesia Relationship Chapter 6 Conclusion

CHAPTERIZATION

Andrew Chan & Myuran Sukumaran

Morgan, P. (2006). International security. Washington, D.C.: CQ Press. Hammersley, R. (2008). Drugs & Crime. Cambridge: Polity Press. Bauder, J. (2008). Drug trafficking. New York: Greenhaven Press. Mackie, J. (2007). Australia and Indonesia Current Problems, Future Prospects. New South

Wales: Lowy Institute for International Policy. Ball, D., & Wilson, H. (1991). Strange Neighbours: The Australia - Indonesia Relationship. New

South Wales: Allen & Unwin Australia Pty Ltd. Gov. Publication: Joint Standing Committee on Foreign Affairs Defence and Trade,. (2004). Near Neighbours -

Good Neighbours: An Inquiry into Australia's Relationship with Indonesia. Canberra: The Parliament of the Commonwealth of Australia.

Mackie, J. (2007). Australia and Indonesia: Current Problems, Future Prospects (1st ed.). New South Wales: Longuiville Media.

Fredy B.L., T. (2002). Aktifitas Drug Trafficking Sebagai Isu Keamanan yang Mengancam Stabilitas Negara. Jurnal Global Politik Internasional, 5(1).

Roberts, C., & Habir, A. (2014). Australia’s relation with Indonesia: Progress despite economic and socio-cultural constraints?. National Security College Issue Brief, 11.

Dibb, P., & Smith, R. (2007). Indonesia in Australian Defense. Security Challenges, 3(4). Lynch, C. (2009). Indonesia's Use of Capital Punishment for Drug Trafficking Crimes: Legal

Obligations, Extralegal Factors, and The Bali Nine Case. Leechaianan, Y., & Longmire, D. (2013). The Use of the Death Penalty for Drug Trafficking in

the United States, Singapore, Malaysia, Indonesia and Thailand: A Comparative Legal Analysis. Laws, 2(2), 115-149. doi:10.3390/laws2020115

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