For Jokowi, the calculation is clear: the political cost is too high for him to grant such pardons.
President Joko Widodo has
been on the receiving end of international protests and condemnation for
executing foreign nationals in January. He now plans to send 11 more convicted
drug traffickers on death row, including two Australians, to the firing squad.
UN Secretary-General Ban
Ki-moon has called for Indonesia to halt executions. Australian Prime Minister
Tony Abbott also pleaded for Jokowi, as the president is popularly known in
Indonesia, to spare the lives of “Bali Nine” duo Andrew Chan and Myuran
Sukumaran, warning that the relationship between the two countries will be
harmed if Indonesia proceeds with the executions.
Could their pleas actually
move Jokowi to change his mind and grant clemency to the death-row prisoners
now facing execution?
It is doubtful that Jokowi
will be moved. He has insisted that the death penalty is a “law enforcement”
solution to a national drug “emergency.” But more than
that, it is also a political issue.
Human
rights activists have been calling for Jokowi to abide by Indonesia’s
obligation to grant death row convicts a genuine chance of pardons and
commutations as stated in the International Convention on Civil and Political
Rights (ICCPR).
For
Jokowi, the calculation is clear: the political cost is too high for him to
grant such pardons.
As I
have explained,
while there is no systematic and independent survey that could show the
percentage of Indonesians supporting the death penalty, Indonesia’s political
elite is generally united in their support for capital punishment.
Following
Ban’s call to halt execution, the deputy speaker of the Indonesian
House of Representatives, Fadli Zon, who is from the opposition coalition,
declared his support for Jokowi to ignore the UN’s call and go ahead with the
executions. He stressed that there is overwhelming public support for executing
drug offenders.
Abbott’s
linking of aid to his call for Indonesia to show mercy — he pointedly
referred to the A$1 billion Australia had provided after the 2004 tsunami
— provoked a negative response.
“Threats
are not part of diplomatic language,” foreign affairs spokesman Arrmanatha
Nasir said. “And from what I know, no-one responds well to threats.”
Vice-President
Jusuf Kalla stated that Indonesia would carry out the executions regardless of
Australia’s protests. Foreign Minister Retno L.P. Marsudi said that the death
penalty was “purely a law enforcement issue.”
The
Schapelle Corby case proved that being lenient to drug smugglers was
politically unpopular, as then-president Susilo Bambang Yudhoyono discovered.
So Jokowi is not likely to consider halting the executions. Such a move simply
does not have clear political benefits.
Granting
clemency to convicted drug traffickers would also provide ammunition for
Jokowi’s powerful critics to hammer his administration further. Domestically,
Jokowi’s popularity is suffering from his seeming indifference to the National
Police’s efforts to undermine the Corruption Eradication Commission (KPK).
Foreign
pressures will not do much to sway Jokowi’s opinion. Instead, it is more likely
to generate a nationalist backlash.
In light
of Ban’s appeal for sentence commutation, several Indonesian news media
outlets, including Merdeka.com, Detik.com, Media Indonesia and Viva News, ran
an opinion article by Hikmahanto Juwana, a professor of international law from
the University of Indonesia (UI). He rhetorically asked where Ban was
when Indonesian migrant workers were executed in Saudi Arabia.
Unlike
Yudhoyono, who seemed to strive really hard to be liked by everyone, Jokowi has
seemed not to really care about what other nations think about him. After his
first foreign trips in November 2014, Jokowi remarked: “What’s the point of
having many friends but we only get the disadvantages? Many friends should
bring many benefits.”
It could
probably be argued that, for Jokowi, it is less a case of “Jokowi should
commute the Bali Nine’s death sentence to make Tony Abbott happy” than “what
could Tony Abbott do for Jokowi so he would commute their death sentence?”
Jokowi’s
refusal to pardon drug convicts on death row could be explained by his desire
to project the public image of a decisive leader. Jokowi wants to be seen as a
leader who commands a country with strong rule of law.
There
are some who dissent from my argument. Jarrah Sastrawan has argued
that Jokowi’s bullheaded refusal to grant clemency was not based on concern for
his personal image, but rather on: “his personal conservatism and the impact of
the Soeharto-era propaganda of his youth.”
We may
disagree on Jokowi’s inner motivation. I will not speculate on that. But it is
clear that regardless of his motivation, Jokowi wants to be seen as a strong
leader or, rather, as father of the nation who can be firm when necessary.
Yohanes
Sulaiman is a lecturer in international relations and political science at the
Indonesian Defense University.
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