Guidance

Information pack for British prisoners in Indonesia

Updated 12 June 2023

Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This detention information pack is designed to give you, and your family and friends, information about the local system in Indonesia and who can help. A printed copy is provided to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Embassy or British Honorary Consulate (and must do so if you want them to)
• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the British Embassy in Jakarta, the British Honorary Consulate in Bali or the Foreign, Commonwealth and Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British Embassy/Honorary Consulate even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth and Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

There are Consular Officers in Jakarta and Bali who deal with arrests.

Consular section, British Embassy Jakarta

British Embassy

Jalan Patra Kuningan Raya Blok L-5-6,
Kuningan, Jakarta Selatan,12950
Phone: +62 21 23565200
Contact form for consular enquiries: www.gov.uk/contact-consulate-jakarta

Consular section, British Honorary Consulate Bali

British Honorary Consulate

Jalan Tantular No.32, Renon,
Denpasar 80234, Bali
Phone: +62 21 23565200
Contact form for consular enquiries: www.gov.uk/contact-consulate-bali

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth and Development Office (FCDO) on 0207 008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

In Indonesia, notification by the authorities to the Embassy or Honorary Consulate can vary between 24 to 96 hours after the arrest has taken place. In cases related to drugs and terrorism, a suspect can be detained for up to six days without the Embassy or Honorary Consulate being notified. Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See also section on legal assistance

• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances

• tell the police or prison doctor, with your permission, about any medical or dental problems including medication

• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad

• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards

• help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also pass on messages and 5 deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

What we can’t do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Indonesia.

Legal assistance: lawyers

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. See list of local interpreters and a list of local English-speaking lawyers](https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find?serviceType=lawyers). See also section on what legal assistance is available. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

Consular assistance: fair treatment

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However, if you are not treated in line with internationally accepted standards, we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: https://www.prisonersabroad.org.uk

Chapter 2: Detention conditions in Indonesia

Visits: friends and family

Who can visit and how to arrange visits

Your family and friends can visit you on any visiting days as long as the visit is made within the prison visiting hours. Visiting days at each prison can be different for sentenced prisoners and those on remand. Most prisons in Indonesia have allocated visiting hours which are normally 9am to 12pm and 1pm to 3pm, however these hours may vary from one prison to another. The number of visits allowed for family and friends varies between prisons.

Recently, some prisons in Indonesia have provided the option for families abroad to have video calls with prisoners. Please bear in mind that all prisons vary and visiting regulations are subject to change by the authorities at any time.

It is advisable that family and friends contact us for information on prison visiting regulations. Where possible, consular officers will accompany your family during their first visit to the prison if requested. Subsequent visits by your family will usually be unaccompanied.

What to expect when you visit

Visitors should bring original identification and register their visit at the registration office on arrival. They will then be given a number for the queue and should wait for their names to be called. Visits will normally take place for a maximum of 30 minutes. The number of visitors allowed during the visit can vary from one prison to another. Each prison has different visiting areas.

What you can take on your visit

Visitors can bring magazines, books, foods, non-alcoholic drinks and toiletries. Please be aware that the prison will check everything your visitors bring for you and they do not allow razors or bottles to be brought by visitors. Indonesian prisons have very strict regulations on inappropriate images so if your visitors wish to bring you magazines or books, please make sure that they do not contain pictures of men and women wearing clothing deemed inappropriate in Indonesia.

Visits: consular staff

We aim to contact you 24 hours after we learn of your arrest, and we will discuss arrangements for our first visit during our initial contact with you. Unless there are exceptional circumstances which require more frequent visits, you can expect a visit from us every three months. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other issues that you wish to raise with our consular staff.

If appropriate and with your consent, we will consider approaching the local authorities if you are not treated in line with internationally accepted standards.

We will provide you with information about Prisoners Abroad, a UK charity that may be able to give you small amount of financial assistance. We will also provide you with a list of local lawyers.

We must stress, however, that the British Embassy is concerned primarily with your welfare whilst in prison and will seek to monitor your health and wellbeing, and to help you to keep in touch with family and friends. We cannot interfere in the judicial system here in Indonesia, nor offer legal advice.

If you have a pressing matter to take up with us, please do not hesitate to reach out to us and we will respond as soon as possible. In an emergency, please contact us at +62 (0) 23565200.

At each Consular visit, we will complete a visit report which will be disclosed to your next of kin if you have agreed that we may do so. If there is any information that you would prefer not to disclose to your next of kin or other family or friends, you should let us know during the visit.

If you give your consent for us to speak to a member of your family or friend, a dedicated caseworker in London will be appointed to act as their point of contact.

Emergency trips outside of prison

Emergency trips outside of prison are normally possible for medical needs only. The medic in prison will assess your health condition and if you cannot be treated inside prison, you will be taken to a public hospital. Please bear in mind that you will have to fund all the costs. There may be an escort fee payable to go to the hospital.

Police custody and initial arrival at prison

Arrival at the police station and basic rights

Upon arrest, you will be taken to the police station, or to the National Narcotics Agency or Badan Nasional Narkotika (BNN) if your arrest is related to drugs. You should be informed that you are under arrest and the reasons for the arrest. During your detention at the police station or BNN, you may not be allowed to bring your personal phone or other personal belongings into the cell.

You have the right to ask the arresting officers to inform your relatives, Embassy or whomever you trust, of your arrest status and the place of detention at the earliest opportunity. Some police stations may be able to provide you with a sworn translator during the statement taking. If you need an interpreter the police in some areas may provide one, though there is no guarantee of quality. This translation may be done over the phone. In some places, you may be asked to pay for one. You can insist on seeking legal representation before answering questions/making statements. However, a private lawyer has to be appointed as legal aid is only available during the court process.

You can be held without charge for a maximum of 20 days. This can be extended by an order of the Court for a further 40 days if the police need more time for their investigation. If charged you can be held for a further period of 60 days whilst the police conduct their investigation and complete the case.

If you have any belongings with you at the time of your arrest which are not considered to form part of the evidence in your case, these will be kept at the police station or BNN.

The British Embassy cannot store your personal belongings and your passport will normally be kept by the Court or prison authorities until you complete your sentence.

Food and water will be provided at the appropriate time in the police station/ BNN. There are no beds in the holding cells. If you are in need of medical attention and doctors’ visits/medical treatment is not available, you can request to be taken to a public hospital, however you may be required to pay for all the associated costs.

Appearance at court

More information about the Indonesian judicial system can be found in Chapter 3.

Initial arrival at the prison

Once the police have completed their investigation and transferred the case to the Prosecutor’s office, you will be transferred to a remand prison. Your belongings will be 10 transferred together with you. Unfortunately, it is not unusual for belongings to go missing during prison transfers. Please speak to your lawyer if this happens.

Upon arrival at the prison, you will be searched and will go through the registration procedure. You will also be examined by medical staff and the state of your health recorded.

A new detainee is normally placed in a familiarisation cell with as many as 50 others for a maximum of a couple of weeks, before being moved to an ordinary cell. No visitors are allowed during this familiarisation period. You will remain in the remand prison during the trial until your sentence is handed down.

Prison: conditions and daily life

Prison facilities do not compare with those in the United Kingdom. Overcrowding in Indonesian prisons is a serious issue. The lack of guards compared to the numbers of prisoners may lead to security concerns. Prison life can be expensive and access to money is important and will make life easier within the prison. For instance, you may need to pay for your own cell/room, bedding, food, medication or security.

If you face any issue e.g. mistreatment from the other inmates in prison, do let us know. We can raise the case with the authority if you would like us to do so.

Should you be in a position where you have no funds or have no family to help, Prisoners Abroad, a UK based charity, may be able to assist you. Please read the leaflet provided. Payment from Prisoners Abroad is sent every 3 months, care of the British Embassy.

Accommodation

Sentenced prisoners and those on remand are held separately. You cannot expect to be incarcerated in a single cell/room. Due to overcrowding in most Indonesian prisons, not every prisoner can get a cell/room. Most of the prisoners stay in the hall in their block. Blocks are run by committees formed by prisoners and they decide many of the internal rules and regulations, including where prisoners sleep. You may need to negotiate a payment with other inmates in order to access certain ‘benefits’ (for example, if you wish to stay in a particular cell/room in the block). We are aware of occasions where large amounts of money have been demanded.

Mattresses are not available at the prison and if you wish to have one, you will need to receive permission from the prison authorities for someone outside the prison to get a mattress for you. Washbasins, toilets, running water and electricity should all be available in Indonesian prisons.

Food and diet

Food and water are provided by the prison however many prisoners prefer to buy their own food and drink. Prisons normally provide you with meals twice a day, consisting 11 of rice, vegetables and sometimes eggs. Prisons cannot provide you with food other than what is given to all other prisoners, and if you wish to have something different you must buy it yourself. There is a shop within most prisons where you can purchase day to day items, including food, but the prices are always higher than for the same items outside of the prison. Many prisoners arrange food to be delivered from outside through a third party.

Hygiene

Inmates can wash everyday in the communal area provided in each block. Hot water is not provided in Indonesian prisons. Toiletries are not always provided. You can buy toiletries at the shop in the prison or arrange delivery subject to the items being accepted by prison security.

Work and study

It is difficult for the prison to supply work opportunities for all prisoners because there are not enough jobs to go around. Some jobs will also require fluent Indonesian. You are not able to earn a salary for the work that you do.

Only some prisons in Indonesia provide workshops for prisoners to learn skills.

Contact and Languages

Inmates are allowed to speak to others anytime. Few Indonesian guards are able to speak English so it will be useful to learn some Indonesian language to help you understand what is going on and to communicate your needs.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries). If you are interested, you should write to Prisoners Abroad to let them know – it may be possible to obtain funding for learning materials from the charity.

Exercise

Although it may vary between prisons, prisoners are usually let out of their cells every morning between 07:00 and 09:00 and can spend their time with exercise or recreation. Prisoners should expect to be returned to their locked cell or block between 16:00 and 17:00 in the afternoon. This does not apply to prisoners who are confined to solitary cells for breaking prison rules. Prisoners who are in solitary cells are normally only allowed out for one or two hours each day. There are very limited facilities available for entertainment apart from sports and the library. Some of the larger prisons may offer more.

Climate

The climate of Indonesia is almost entirely tropical. Being a tropical country, Indonesia has two seasons, rainy and dry. There are no specific clothing provided by the prisons for either rainy or dry season.

Religion

Prisoners are entitled to take part in religious services of their choice. You will be allowed to receive visits from a priest, or minister of your faith.

Rules and regulations (including drugs)

If you are caught with any kind of illegal drugs (marijuana, cocaine, etc.) you will be punished accordingly. As a result, you may be sent to a solitary cell for a period of time.

Prison: access to help and services

Receiving money

There are two ways in which you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends. See Annex 8 for instructions on how to send funds
• Prisoners Abroad: depending on where you are detained, if your family can’t support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The British Government does not provide financial assistance to prisoners.

Private funds

While the Foreign Commonwealth and Development Office (FCDO) does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The FCDO operates a “Prison Comfort” system for money transfers to prisoners. Payment can be made by electronic bank transfer, Postal Order, Bankers Draft, Building Society Cheque or personal cheque. Please ask your family to get in touch with the FCDO in order to arrange this.

Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources. See Chapter 4 for more details.

Medical and dental treatment

All prisons in Indonesia provide only very basic medical and dental treatment and the standard of healthcare in Indonesian prisoners is poor in comparison with the United Kingdom.

Each prison has a clinic with either a General Practitioner on standby or a nurse, depending on the prison class. You can attend the clinic if you have any health issue and they will provide you with generic medication for free. If you wish to use branded medication, you will have to pay it with your own money. If your health condition requires further examination, you will have to pay for the examination and medication, including hospitalisation outside of the prison. Prisoners who are serving life or have received the death sentence will not normally be given permission to visit a hospital outside of the prison unless there is an emergency situation, or it is recommended by the prison doctor and approved by the relevant authorities.

The same applies to dental treatment. The prison clinic only provides very basic treatment such as tooth extraction and filling. Prisoners who need more complex treatment must attend a hospital outside of the prison. There may be an escort fee to go to the hospital.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Letters and parcels

You can receive mail and parcels but all these are subject to being opened and checked by the prison authorities. Please be aware that mail/parcels should be sent directly to the prison. If mail cannot be sent to the prison for any reason, your family/friends may be able to send the mail to the Embassy or Honorary Consulate, who will deliver it to the prison or relevant local authority. We will not be able to deliver it to you directly unless the prison permits this and it will be subject to the usual prison security checks.

All mail/parcels sent to the Embassy or Honorary Consulate are opened before they are given to the prison to check for prohibited items. Consular officers will not read the contents. Mail/parcels must clearly identify the name and details of the sender. Any tax incurred by the package should be covered by the prisoner or sender.

Our consular staff will reply to your written correspondence within our target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be a serious nature. Please raise any immediate concerns about your health, welfare or safety with us during consular visits.

Please be aware that the British Embassy/Honorary Consulate will not forward letters from prisoners by post.

Telephone calls

It is possible to make telephone calls in some Indonesian prisons but you may have to register interest first to the guards. A phone and internet access may be available in some prisons for prisoners to call their family, friends, and their Embassy or the Honorary Consulate. Having a personal mobile phone is not allowed in Indonesian prisons; there may be consequences if you are found having a personal mobile phone in your possession.

Making a complaint about mistreatment

If you have been mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you, check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Chapter 3: the Indonesian judicial system

Overview and first steps

The Indonesian judicial system is not based on a jury system but a panel of judges. There are three stages of judicial proceedings, namely: District Court, High Court and Supreme Court. A panel of three judges with one presiding judge will try the case at every stage. All cases start at the District Court with appeal processes handled by the High Court and Supreme Court consecutively.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.

What should happen after you are arrested?

You should be informed that you are under arrest and the reasons for the arrest. You have the right to ask the arresting officers to inform your relatives, Embassy or whomever you trust, of your arrest status and the place of detention at the earliest opportunity. Some police stations may be able to provide you with a sworn translator during the statement taking. You can insist on seeking legal representation before answering questions/making statements. However, a private lawyer has to be appointed as legal aid is only available during the court process. Please refer to 2.2 for more information.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. A list of local English-speaking lawyers is provided at the end of this pack.

How long you can be remanded in custody

You can be held without charge for a maximum of 20 days. This can be extended by an order of the Court for a further 40 days if the police need more time for their investigation. If charged you can be held for a further period of 60 days whilst the police conduct their investigation and complete the case.

After you are charged

Your case will be processed by the police and transferred to the Prosecutor’s office for review. You will remain in the remand prison under the jurisdiction of the Prosecutor for a maximum period of 50 days by which time the Prosecutor has to complete a review of your case. The Prosecutor can, if it is deemed necessary, make a request to the High Court to extend this period. If the case is considered complete, the District Court will set the date for first hearing. The maximum period between the date of your arrest and your sentence will be 380 days.

Bail

There is no system of bail in Indonesia. However, it is possible to apply to the Court to alter the status of the initial terms of detention pending trial (i.e. by payment into the Court of an appropriate deposit). For cases subject to heavy punishment, such as narcotics or subversion, this does not apply.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see our list of lawyers in Indonesia. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

According to Article 56 paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP), in cases where the suspect/defendant is suspected or indicted for a crime which may carry the death penalty or imprisonment of a minimum of five years or more and cannot afford to pay for a legal adviser, the relevant authorities at all investigation stages in the judicial process must appoint a legal adviser for them. Every legal adviser appointed to act as intended in Article 56 paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) gives legal aid for free.

In practice, the suspect must prove to the relevant authorities at all investigation stages that he/she cannot afford to pay for a legal adviser.

Trial

On your trial day you will be taken to the Court office where your case is being handled. There will be three judges in charge of your case along with the public prosecutor and your lawyer or public defender. If you don’t speak Indonesian, the prosecutors will be responsible for hiring an interpreter to assist you during the trial.

The trial will normally take place weekly on the same day. Sometimes there may be delays to the start of the hearing or cancellation without prior notice due to the absence of a witness or witnesses or one of the judges appointed to the case.

Sentences

Sentences vary greatly in Indonesia and will depend on the seriousness of the crime and the articles you are charged with under the Indonesian Criminal Law. Your lawyer/public defender will be best placed to advise on length of sentences and on the appeal processes.

The crimes that may incur the death penalty are murder, treason, corruption, narcotics, and terrorism. If you are potentially charged with the death penalty, Reprieve may be able to support you. Please see 4.2 for more information.

Appeals

If either the Public Prosecutor or you are not satisfied with the verdict of the District Court, either party can lodge an appeal to the High Court. The appeal should be submitted through the Registrar of the District Court within 7 days of the verdict.

If no appeal is made within 7 days, it will be assumed that the verdict of the District Court has been accepted. Once an appeal has been lodged, it can be withdrawn at anytime before the High Court issues its verdict. Once it has been withdrawn, it cannot be lodged again. The Panel of Judges at the High Court shall examine the case of appeal based on the Legal Dossier. If considered necessary, the Panel of Judges at the High Court may re-open the trial to hear the testimonies of the Accused, Witnessed, or the Public Prosecutor.

If either the Public Prosecutor or you are not satisfied with the decision of the High Court at the appeal, either party can lodge a further appeal to the Supreme Court (except for a decision to acquit the accused). The request for an appeal must be submitted to the Registrar of the District Court within 14 days of the decision of the High Court.

The appealing party must submit its Memorandum of Cassation within 14 days after the application was made, which will be forwarded by the clerk to the non-appealing party. The memorandum of cassation must contain valid grounds for the appeal. In response, the Defendant of the appeal party may, but is not legally required, submit its Counter Memorandum of Cassation. The clerk shall then deliver the Case Dossier of the cassation to the Supreme Court. If an appeal is not requested then it will be assumed that the decision of the High Court has been accepted. You can also withdraw this appeal at any time before the Supreme Court issues its Verdict.

A Supreme Court decision is final and binding, meaning that the verdict can be immediately executed. However, an extraordinary appeals process is still available as an option. In addition to the appeals made to the High Court and the Supreme Court, you may request a Supreme Court Review (Judicial Review) Appeal at any time during your sentence following the completion of your previous appeal. However, grounds for filling a judicial review are limited to new evidence, contradictory legal consideration in the court’s verdict and/or an evident mistake by the judges hearing the case. The application shall be submitted to the clerk of the Local District Court. The application will then be considered by the Judge of Local District Court.

You may also make a Presidential (Grasi) Appeal directly to the Indonesian President for clemency.

Reaching the end of your sentence

Reduction of sentence (remission)

Remission is the right of the prisoner to get a reduction of the sentence due to good behaviour. There are five types of remission:

a. General Remission

b. Specific Remission

c. Humanity Remission

d. Additional Remission

e. Supplementary Remission

The Minister of Law and Human Rights can also award a Decade Remission as a special remission every ten years on the Independence Day.

Remission is not given to prisoners who have been given a jail term of less than 6 months, to repeat offenders and to those who do not comply with prison regulations. Prisoners who are in jail for drugs and corruption related cases and arrested before 2012 are only eligible for remission after they have served one third of the total sentence.

Reduction for General Remission and Humanity Remission:

1. Those who have served 6 to 12 months get 1 month remission
2. Those who have served 12 months or more:

• first year - two months remission
• second year - three months remission
• third year - four months remission
• fourth and fifth year - five months remission
• sixth and subsequent year - six months remission

Reduction for Specific Remission:

1. those who have served 6 to 12 months get 15 days
2. those who have served 12 months or more:

• first year - 1-month remission
• second year - 1-month remission
• third year – 1-month remission
• fourth and fifth year - 1 month and 15 days remission
• sixth and subsequent year - 2 months remission

Reduction for Additional Remission:

• for those who serve the country and who benefits the country – 1/2 of the ongoing General Remission
• for those who contribute to the activities in prison – 1/3 of the ongoing General Remission

Reduction for Supplementary Remission:

• the same amount of period with the General Remission and Special Remission
• only for the term of detention and applied after the verdict is final and binding

Reduction for Decade Remission

• 1/12 of the sentence (max 3 months)

Since 2012 prisoners who are in prison for drugs or corruption related cases are only eligible for remission if they cooperate fully with the investigating authorities. Application for remission must be supported by either the Prosecutor’s Office or the National Narcotics Agency (Badan Nasional Narkotika – BNN).

Early release (parole)

Parole for foreign nationals is subject to legislation passed by the Ministry of Law and Human Rights in Indonesia. Until there is a change in this law, parole for British nationals is not possible.

Clemency or pardon

When an appeal with the Supreme Court is completed, a prisoner can submit a clemency request to the President. The clemency request can be submitted any time after the decision from the Supreme Court is made final and permanent. Clemency requests can only be submitted once.

Financial penalties

Financial penalties are decided along with the sentence and vary between IDR 100 million and 500 million. If prisoners cannot afford to pay the financial penalties, these are substituted with additional custodial time served in the prison–usually between 3 to 9 months.

Transfer to another prison within Indonesia

It is possible to request a transfer to another prison within Indonesia and the request should be put in writing by the family of the prisoner. The letter must be addressed to the Regional Office of Law and Human Rights in the region where the prisoner is located. There is no guarantee that a request will be granted. If the request is granted, the prisoner is expected to pay for the transport fees.

Transfer to a prison in the UK

No prisoner transfer agreement exists between the United Kingdom and the Republic of Indonesia.

Release and deportation

All foreign nationals who have served a custodial sentence in Indonesia are deported to their home country after their release.

On completion of your sentence you will be escorted to Immigration Detention where you will await deportation. Immigration Detention is a very crowded place and not somewhere to be longer than absolutely necessary. If you do not have a valid air ticket, it is essential to organise a ticket as soon as possible. If you do not have funds, we can help you to contact family or friends who may be able to help.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings, Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance, it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. We advise starting this process as soon as possible to ensure that maximum support can be offered. If you have no money and nowhere to go on arrival in the UK, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on, you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8 AM to 4 PM, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM.

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional Information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH UK

Telephone: 00 44 (0)20 7561 6820 or for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time).

Email: info@prisonersabroad.org.uk

Website: https://www.prisonersabroad.org.uk

Reprieve

Reprieve is a registered public charity (charity number 1114900) based in London, which provides legal and other forms of assistance to people facing human rights abuses around the world.

Reprieve works with trusted local partner organisations. Their work to support your case will vary according to your circumstances, but may involve carrying out legal, investigative, advocacy, campaigning, press or other outreach work. In order to do so, they will need to collect, process, use and retain your personal data in a variety of ways, as contemplated by their Data Protection Notice (available here: https://reprieve.org/uk/privacy/).

Reprieve is a small charity with limited resources, so how much assistance they are able to provide will depend on the circumstances of your case.

Reprieve
PO Box 72054 London UK, EC3P 3BZ

Tel: +44(0)20 7553 8140

Fax: +44(0)20 7553 8189

E-mail: info@reprieve.org.uk

Website: https://www.reprieve.org.uk

Annexes

• annex 1: list of English-speaking lawyers
• annex 2: list of private translators/Interpreters
• annex 3: FCDO leaflet: Support for British Nationals Abroad: Summary
• annex 4: Prisoners Abroad authorisation form
• annex 5: Prisoners Abroad Family contact form
• annex 6: Prisoners Abroad CFF Form
• annex 7: Reprieve
• annex 8: procedures on how to transfer funds via the FCDO
• annex 9: Indonesian (Bahasa)-English language module

Annex 8

Options to transfer funds to British Nationals Overseas via the Foreign, Commonwealth and Development Office

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

1. Electronic bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include:

• bank: National Westminster Bank
• account name: FCDO Multi Vote Sort Code: 60-70-80
• account number: 10012362
• reference: FCDO case reference number (which can be found at the top of this letter), surname and initials of the person you are sending the funds, for example, CON-1234 Smith J or 11-THB-123456 Smith J
• IBAN: GB56NWBK60708010012362
• SWIFT/BIC: NWBKGB2L

You may also need our bank address which is:

Government Banking Cst, Po Box 2027,
Parklands, De Havilland Way,
Horwich, Bolton, BL6, 4YU

1. By Post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth and Development Office”. They should be sent to:

The Cashier
Foreign, Commonwealth and Development Office
PO Box 7654 Milton Keynes MK11 9NQ

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the case reference number. You may wish to use the payment slip on the next page.

If you would like a receipt, please include a stamped addressed envelope.

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the case reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash.

To: Foreign, Commonwealth and Development Office
Case reference number:
Date:
Please find enclosed funds for:
Full Name:
Country/place the above is in:
Amount enclosed:
Fee to be deducted:
Payment method:
My name is:
My address is: