REPUBLIKA.CO.ID, JAKARTA - Clemency for Australian drugs convict Schapelle Corby was potentially breach Presidential oath on imposing law and its regulation as Indonesia had ratified United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances 1988 since 1997 with Laws/7/1997, an expert in International Law at Universitas Indonesia, Hikmahanto Juwana, said. The convention says narcotics is a serious crime and government should impose maximum sanction as cited in Article 3/6.
"Meanwhile on Article 3/7, it says that if the drugs convicts will be freed earlier or granted a clemency, government should consider that illicit drug traffic is serious crime," he said on Monday.
He said, the question emerged whether President had considered the Laws/7/1997 or not. "If he has considered it, what about Indonesian interests towards Australia so that the clemency is considered equivalent to our national interest?" he added.
"Government should answer these two questions. President can give open answers through mass media or wait the Anti-Drugs Act NGO (Granat)'s objection to State Administrative Court," he said.
Granat's objection could save the president to not breach his oath, then government could give the decision on Corby's clemency to judge. Once the court, he continued, decided that the clemency violates Indonesian regulation especially Laws 7/1997, the decision could be used by Indonesian government as legal ground for Australia that the clemency was being cancelled.