TEMPO.CO, Jakarta - The instruction given by President Joko Widodo to postpone the execution of death convict Mary Jane Fiesta Veloso is the right decision.
However, this is not the cancellation of the execution because later on, the legal process may prove that Mary Jane, a Filipino, is guilty.
The fate of Mary Jane will be determined by the confession of Maria Kristina Sergio, another Filipino citizen, who surrendered herself to the police in her country a couple of hours before Mary Jane was executed.
Maria confessed that she was the one who recruited and trapped Mary Jane until she was arrested in Yogyakarta five years ago carrying drugs in her baggage.
For the time being, Mary Jane is saved.
The death verdict imposed to her might change if some day she is proven to be only the victim of Maria’s drug syndicate.
To the Filipino police, Maria admitted to have recruited Mary to work in Malaysia after she meets an agent in Indonesia first.
It was when Mary arrived in Indonesia that a 2.6-kilogram of drug was found hidden inside her baggage. Mary said that she had no idea if there were drugs in her luggage.
Maria’s testimony is a new fact that must be taken into consideration.
The government must wait for the completion of the legal process to Maria in her country.
Hence, it remains to be seen whether Mary Jane is only the victim of Maria’s crime or she is indeed the courier of a syndicate as accused to her.
Now, the fate of Mary Jane is completely in the hands of President Joko Widodo as there are no other legal processes that Mary can take.
The proposal for the judicial review will be hindered by the Circular Letter of the Supreme Court Number 7 of 2014 on the proposal of the judicial review in a criminal case.
This letter restricts the number of time to file a judicial review, which is only once and Mary has already used the opportunity.
This circular letter must be reviewed because it has been proven like in Mary’s case, novum or new evidence can be found anytime.
If the second filing of the judicial review is not possible, the only remaining way is through a political move.
President Joko Widodo must reinforce his instruction that postpones Mary’s execution by issuing a special policy.
Mary’s execution must not be done before the trial process to Maria produces a ruling with a permanent legal force.
If the verdict to Maria can help Mary significantly, the Indonesian Attorney General can file an appeal for the sake of the legal interest to the ruling of Mary.
Therefore, Mary’s lawyer must propose another clemency.
Indeed, in accordance with Article 3 of Law Number 5 of 2010, which is the revision of the Law Number 22 of 2002 on Clemency, filing a clemency may only be done once.
Previously, President Joko Widodo rejected clemency for Mary.
As a political move, President Joko Widodo may annul his decision to reject the clemency if the legal process proves that Mary Jane is indeed the victim of human trafficking.
It must born in mind the consideration of the President in granting clemency includes humanitarian considerations and by always upholding a sense of justice as well as legal certainty.
A special policy from the President can be determined the execution of Mary Jane.
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