REPUBLIKA.CO.ID, JAKARTA -- Vice Chairman of Setara Institute Bonar Tigor said that although there are new findings in court in her home country, the leniency for Mary Jane Fiesta Veloso depend on diplomacy between Indonesia and Philippines.

"Philippine court ruling cannot be the new findings or novum for Mary jane to file a judicial review (PK) to the Supreme Court,"said Bonar Tigor Naipospos contacted in Jakarta, Tuesday, May 5.

Bonar said although Indonesia and Philippine together become ASEAN members and sign an extradition treaty, but there is no rule of law and procedure among the members if there are the same of objects of law. According to Bonar, this time also there is no jurisprudence on new findings in one country’s court which could be used as the novum to the court that took place in other countries, although crime is committed with similar case.

"Moreover, each of the ASEAN countries has a principle not to interfere with the matters of each country. Besides there will be opinion of the nobility of domestic rule of law must be upheld,” he said.

That is why, Bonar, the Attorney General stating execution of Mary Jane is only postponed, not canceled. Although the Philippine court found the fact that Mary Jane is victims of "trafficking" or tricked, it can not be used as novum to apply PK.

"Morevoer, there has been circulars of Supreme Court which restrict PK only one time for particular type of crime,” he said.

On the other hand, Bonar said the issue of the death penalty has the potential to disrupt integration among ASEAN countries such as the Philippines, Thailand, Cambodia and Laos. Because, he said countries have removed the death penalty from all over the regulation, while Myanmar did moratorium.

Ikuti Whatsapp Channel Republika