Parahyangan Catholic University Faculty of Social and Political Science Department of International Relations

Accredited A SK BAN –PT NO: 451/SK/BAN-PT/Akred/S/XI/2014

Social Actors as Consideration on Australian Foreign Policy

Towards the Execution of Nine Duo

Undergraduate Thesis

By Ida Ayu Widyantari 2014330133

Bandung 2019

Parahyangan Catholic University Faculty of Political and Social Sciences Department of International Relations

Accredited A SK BAN-PT NO: 451/SK/BAN-PT/Akred/S/XI/2014

Social Actors as Consideration on Australian Foreign Policy

Towards the Execution of Duo

Thesis

By Ida Ayu Widyantari 2014330133

Supervisor

Dr. I Nyoman Sudira, Drs., M.Si. Bandung 2019

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ABSTRAK

Nama : Ida Ayu Widyantari NPM : 2014330133 Judul : Social Actors as Consideration on Australian Foreign Policy Towards the Execution of Bali Nine Duo

Penelitian ini membahas mengenai bagaimana aktor sosial mempengaruhi dan menjadi suatu konsiderasi kebijakan luar negeri terkait kasus eksekusi Bali Nine Duo. Pertanyaan penelitian yang diajukan adalah “Bagaimana aktor sosial mempengaruhi kebijakan luar negeri Australia terkait eksekusi Bali Nine Duo?” Agar mendapatkan jawaban penelitian yang komprehensif, peneliti menggunakan konsep opini publik, media sebagai aktor sosial, dan CNN Effect. Penulis juga menggunakan metode kualitatif dengan memanfaatkan studi literatur dan studi pustaka dalam mencari data yang deskriptif, kemudian dianalisis menggunakan konsep, dan menghasilkan analisis yang dapat menjawab pertanyaan penelitian. Berdasarkan analisis yang dilakukan, peneliti menghasilkan 3 poin temuan. Pertama, dimana akan menjelaskan social aktor dengan konsep opini publik. Dari opini publik, media akan di letakan sebgai aktor dalam keterlibatan mempengaruhi kebijakan luar negeri Australia. Terakhir, akan membahas konsep CNN Effect yang akan di pakai untuk menganalisa bagaimana wadah berita bisa membuat suatu reaksi kepada publik.

Kata Kunci: Aktor Sosial, Politik Luar Negeri, Media, Australia, , Bali Nine

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ABSTRACT

Name : Ida Ayu Widyantari NPM : 2014330133 Title : Social Actors as Consideration on Australian Foreign Policy Towards the Execution of Bali Nine Duo

This research discussed regarding on how social actors influencing and become a consideration on Australia’s foreign policy towards the execution of the Bali Nine Duo.The research question that was put forward is, : How do social actors influence Australian foreign policy towards the execution of the Bali Nine Duo? In order to deliver a comprehensive research, the researcher resort to the use of concept of public opinion, media as the social actor and the CNN Effect. The author also used the qualitative methods by utilizing literature studies in finding descriptive data, then analyzed it using the concepts, and produced analysis that can answer the research question. Based on the analysis that had been done, the researcher found three points of conclusion. First, where it explains the the social actors through the public opinion’s concept. From public opinion, it will put the media as an actor in parts of influencing the Australia’s government foreign policy. Lastly, the CNN Effect concept will also put to use in order to analyze how the news outlet with its power can create a reaction from the public.

Keywords: Social Actors, Foreign Policy, Media, Australia, Indonesia, Bali Nine

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FOREWORD

Highest praise and gratitude to the God almighty for only by His will that this research titled “How Social Actors as Consideration on Australian Foreign Policy

Towards the Execution of Bali Nine Duo” has been completed. This thesis was done for the purpose of pursing a bachelor degree in political science in the

Department of International Relations, Parahyangan Catholic University, Bandung

In a brief, the aim of this research is to explain discussed regarding on how social actors influencing and become a consideration on Australia’s foreign policy towards the execution of the Bali Nine Duo. During this research, the author will take an approach that is meant to understand the journey of the case, point of view, and line of thoughts in the decision making process.

Bandung, 15 October 2019

Ida Ayu Widyantari

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TABLE OF CONTENTS

ABSTRAK ...... i ABSTRACT ...... ii TABLE OF CONTENTS ...... iv Chapter 1 Introduction ...... 1 1.1 Research Background ...... 1 1.2 Problem Identification and Time ...... 8 1.2.1 Problem Identification ...... 9 1.2.2 Research Limitation ...... 11 1.2.3 Research Question ...... 12 1.3 Purpose & Practical use of the research...... 12 1.3.1 Purpose of the Research ...... 12 1.3.2 Practical use of the research...... 12 1.4 Literature Review ...... 13 1.5 Theoretical Framework ...... 17 1.6 Research Methods & Data Collections Technique ...... 24 1.6.1 Research Methods ...... 24 1.6.2 Data Collections Technique ...... 25 1.7 Thesis Structure ...... 25 Chapter II Bali Nine Case : Chronology, Ringleaders, the Media and Australia ...... 27 2.1 Bali Nine Case ...... 27 2.2 Ringleaders : and ...... 34 2.3 Australia and The Media ...... 38 Chapter III Social Actors Influence on Australian Foreign Policy Towards the Execution of the Bali Nine Duo ...... 43 3.1 Public Opinion Building up Motions for the Media ...... 45 3.2 Media As Social Actor ...... 49 Chapter IV Conclusion ...... 53 Bibliography ...... i

Chapter 1

Introduction

1.1 Research Background

Indonesia and Australia are geographically close to each other. Unfortunately, the relation between the two countries cannot always be in tune with one another.

Despite of the closeness between both countries, there are many tumbles between the two in many aspects such as in language, culture, religion, history, ethnicity, population size and also in political, legal and social systems. The dynamics between the two countries is considered unique, when once in a while it look cooperative but in another period it could turn into rivalry in some way.

There is tension between the two, and one of it involves the Timor Timur case back in

1975.1 At that time Australia was against Indonesia’s policy by bringing Timor

Timur back to Indonesia as the 27th province of Indonesia. This case really causing a lot of debate for Australia.2 But in 1979, Australia finally declare that Timor Timur is a part of Indonesia by signing the petition of Celah Timor in 1989.3 During the year of 1979 – 1985, the relationship between Indonesia and Australia seems to be normal.

However in 1986 things started turning rather ugly when the reporter from The

1 Setyawati, Siti Muti’Ah, and Dafri Agussalim. "Security Complex Indonesia-Australia Dan Pengaruhnya Terhadap Dinamika Hubungan Kedua Negara." Jurnal Ilmu Sosial Dan Ilmu Politik 19, no. 2 (2016): 111. 2 Adrianjara, Dinia, and Agus Rahmat. "Australia (Lagi-lagi) Melecehkan Indonesia." VIVA. January 06, 2017. Accessed April 18, 2019. https://www.viva.co.id/indepth/fokus/867268-australia-lagi-lagi- melecehkan-indonesia. 3 ibid

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Sydney Morning Herald, David Jenkins wrote an article regarding to the late

President Soeharto and his family.4 Indonesian government was offended by the act of the reporter that was considered as an act of defamation. As a result, the

Indonesian government was threatening on breaking the relation between the two countries if the article is not being taken away and also a public apology towards

Indonesia. After those situation settles down, another case that includes media in the case was back again at that time all of the sudden Indonesia’s military force decided to stop the cooperation with the Australia’s military force. Since then, many of the

Australia media wrote many statements regarding General Gatot Nurmantyo that considered to be controversial. One of the media, Australia Broadcasting Corporation

(ABC) wrote an article with a title “Indonesia’s military chief threatens Chinese refugees, will watch them eaten by sharks” that was published back in 6th January

2017.5 The reason this article was brought up is because the General was once having a lecture talking about his concern on how China is lacking on source of food for its people that it is very possible that the people of China will seek refuge to South East

Asia.6

Nevertheless, the relationship between the two isn’t always bad. It is known that the relationship between both Australia and Indonesia is mostly revolve in security, education, tourism, politics and economics. One of the first relationships

4 Setyawati, Siti Muti’Ah, and Dafri Agussalim, Op. Cit. 5 Pratama, Fajar. "Imbas Setop Kerja Sama, Media Australia 'Serang' Panglima TNI." Detiknews. January 06, 2017. Accessed April 15, 2019. https://news.detik.com/internasional/d-3389448/imbas- setop-kerja-sama-media-australia-serang-panglima-tni. 6 ibid

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between the two started back in the 40s when Australia became one of the first countries that recognize the right of Indonesia to become an independent country.7

Australia showed it supports by being involved with around 4000 Australian and

Indonesian in order to stop the Netherlands who manage to bring out their shipped filled with armory.8 On the early 90s, back when Paul Keating was the Prime

Minister it could be said that it was the uprising of a great relationship between

Australia and Indonesia at that time.9 This was proven by a treaty called Agreement on Maintaining Security (AMS) in 1994.10 Regarding on the treaty, Keating said,

“ [It]… is not simply about external threats, it is about the whole environment of the region. It is about the foreign policy and trade policies of the countries… what we are saying here is that Australia and Indonesia have a coincidence of views and interests in the strategic outlook of region.”11 Another form of cooperation between Indonesia and Australia is also in the education field. It is said that to have the cooperation in the education field is considered as a “neutral” area and a much easier relation to build based upon on.

Might be said that it is the key for Indonesia and Australia to build their relationship upon. The amount of Indonesian students that went to Australia for their studies is

7 Wadrianto, Glori K. "Melihat Peran Australia Dalam Kemerdekaan Indonesia." KOMPAS.com. August 17, 2016. Accessed April 15, 2019. https://internasional.kompas.com/read/2016/08/17/07415981/melihat.peran.australia.dalam.kemerdeka an.indonesia.?page=all.?page=all. 8 ibid 9 Setyawati, Siti Muti’Ah, and Dafri Agussalim, Op. Cit. 116 10 ibid 11 Brown, Gary, Frank Frost, and Stephen Sherlock. "-Indonesian Security Agreement - Issues and Implications." Home – Parliament of Australia. February 19, 2013. Accessed April 18, 2019. https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp /RP9596/96rp25.

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kept on increasing for the past years, in 2016 it is documented that around 9300 students are in Australia for their studies.12

Not only Indonesia and Australia build their relationship through education, but also through economy. For example, back in February 2017, Indonesia sign on a finalize agreement with Australia for a deal regarding on free trade in ,

Australia.13 The first issues regarding the agreement is the need for Australia to change the policy on setting the boundaries on the import of paper and palm oil from

Indonesia and also Indonesia has already agree on cutting the tariff for Australia in getting sugar and kettles to have easier access for Australia to import, even before the agreement was finalize.14 While working on that agreement, both Indonesia and

Australia agrees on another agreement to work on building up the security on maritime and that guarding the border of both Indonesia and Australia.

With all the things changing globally so does the relationship between the two countries, and with its own national interest Australia and Indonesia has managed to cooperate to survive the global changes. Indonesia has received a few of development aid from Australia for the 2004 Indian Ocean Tsunami and 2008 global financial crisis. The help from Australia in aid efforts for Indonesia has a prime focus on

12 Komalasari, Tia Dwitiani. "Jumlah Pelajar Indonesia Ke Australia Meningkat." Pikiran Rakyat. January 12, 2017. Accessed April 29, 2019. https://www.pikiran- rakyat.com/pendidikan/2017/01/12/jumlah-pelajar-indonesia-ke-australia-meningkat-390456. 13 Setiawan, Sakina Rakhma Diah. "Indonesia-Australia Teken Kerja Sama Perdagangan, Apa Isinya?" KOMPAS.com. February 27, 2017. Accessed April 29, 2019. https://money.kompas.com/read/2017/02/27/100000326/indonesia- australia.teken.kerja.sama.perdagangan.apa.isinya. 14 ibid

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education, sustainable development and effective governance.15 On the other hand,

Australia has received Indonesian aid in 2009 due to Black Saturday and contributing on flying a very large number of Indonesian students to study in Australia every year.

Despite the good dynamic that has been building up between the two, there’s one specific case that catches up on the headlines of both country, regarding on the

Bali Nine case and to be specific the death penalty and execution of the Bali Nine

Duo which is held on April 29th, 2015 that is going to be a the main focus for this research. Which causes a lot of tension between the two countries that drives the relation into one of its ‘lowest point’.

It started back on April 17th, 2005, nine were caught preparing to smuggle an amount of 8.3 kilograms of heroin valued at around 4 million Australian

Dollars or around 3.1 million US Dollars from Bali to Australia.16 Beforehand, the

Australian Federal Police (AFP) had already warned Indonesian authorities in

Denpasar regarding the plans of the smugglers. The AFP had requested to Indonesian authorities to keep an eye on the suspects and to do what is necessary to the suspects if they were caught possessing the evidence such as heroins during the observations.

Nine Australians we caught and arrested by Indonesian authorities in possessing significant quantities of heroines in hand.

15 "Overview of Australia's Aid Program in Indonesia." Department of Foreign Affairs and Trade. April 02, 2019. Accessed April 17, 2019. https://dfat.gov.au/geo/indonesia/development- assistance/Pages/development-assistance-in-indonesia.aspx. 16 "Call to Execute Bali Nine 'ringleader'." The Sydney Morning Herald. January 24, 2006. Accessed April 17, 2019. https://www.smh.com.au/world/call-to-execute-bali-nine-ringleader-20060125- gdmu7v.html?page=2;.

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Firstly, Indonesian customs officer caught four of the groups, Martin

Stephens, , and Michael Czugaj at airport with packages of heroin strapped to their bodies. Then there’s another three that were arrested at the Maslati Hotel at Beach, , Tan Duc Thanh Nguyen, and

Matthew Norman with a possession of 300 grams of heroin in hand. The ringleaders,

Andrew Chan and Myuran Sukumaran were also arrested at Denpasar airport in relation to those found carrying heroin.

In Indonesia, drug problem is considered to be a serious problem whereas

Indonesia has claimed itself to be at a state of fighting a “war” on drugs. In 2016 it self, the number of users has reached 4 million of whom 1,2 million people cannot be rehabilitated due to their poor physical condition. Another factor is that there are still many new types of drugs that have not been detected in Indonesia. Currently, there are 44 new types of drug in Indonesia, which 18 of them have been included inside the regulations by Indonesia’s Minister of Health, while the rest are still being researched. The number of users and the number of other new types of narcotics has been going up because of the popularity of taking narcotics in Indonesia17. In the last couple of months of 2016 alone, BNN (The National Anti-Narcotics Agency of the

Republic of Indonesia) has seized more than one metric ton of crystal meth. BNN also stating that children as young as 10 years old had even been exposed to drugs that makes them turn into a drug user. of drug users ranges from 10 - 59

17 Erwida Maulia. "Narcotics Agency: Drugs Kill 33 Indonesians Daily, Not 40-50." Jakarta Globe. March 10, 2015. Accessed May 18, 2019. https://jakartaglobe.id/context/bnn-says-33-die-of-drugs- daily-not-40-50.

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years old. Furthermore, narcotics also cause problem to economic loss for Indonesia estimated to have reached to 63 trillion Rupiah (USD$4.8 billion) in 201618. It is known that the number of drug users keeps on growing because of several factors such as, the inability of law enforcement officers to separate drug users with drug traffickers, as a result many of the drug users were sent to prison instead of rehabilitation. Those convicted drug users will soon learn how to traffic drugs from drug dealers as well as foreigners, who had the upper hand of experiences in local and international drug trafficking. In Indonesia, the drug or narcotics business produce a large sum of money due to its high demand. With the large sum of money it is quite easy to do the illegal things necessary such as bribing the Indonesian authorities to keep the business underground going. There are many cases of convicted drug dealers that could still be involved in the business despite of them being physically in jail.

The Narcotic Law in Indonesia bring up penalties for drug traffickers, which include the for drug trafficking on the basis that narcotic related crimes have become transnational19. It shows how serious narcotic crimes become a threat to humans, and for that it is argued that no sentence is more sufficient other than the death sentence or known as the death penalty for the drug traffickers. With such knowing facts of the high percentage of drug users in Indonesia compared to other countries, it has created a perception of a much serious problem. Indonesia is

18 ibid 19 Lynch, Colman. "Indonesia's Use of Capital Punishment for Drug-Trafficking Crimes: Legal Obligations, Extralegal Factors and The Bali Nine Case." May 3, 2009. Accessed April 17, 2019. http://www.corteidh.or.cr/tablas/r22145.pdf.

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also known for its strategic geographic position that made it to become the center of transshipment point, it is very beneficial from a view of economic unfortunately it has also become a downside in which drug distribution takes part.

After the inauguration of Indonesia’s 7th president, Jokowi has taken tough measures in dealing with drug crimes. In 2014, the president rejected around 64 application for clemency from drug related crime convicts on death-row20. Jokowi wanted to show that his hard stance against death-row drug convicts is intended to serve. This as a shock therapy and to merely enforce the law. Imposing death penalty to drug traffickers that falls under the category of Narcotics Law is not something new. Indonesia has applied this kind of sentence since 1998 and executed numbers of criminals related to it. However, presidents before Jokowi had several times granting clemencies or even not giving up any respond to clemencies being appealed.

The government also believes that imposing capital punishment and carrying it out consistently will certainly give deterrent effect. This policy will work as warnings to other drug traffickers to not sell more drugs to the country. Drug crimes are being categorized by the government as crimes against humanity aimed at killing and destroying human beings slowly but surely. Based on these reasons, the government then justifies their action to apply capital punishment for drug offenders.

1.2 Problem Identification and Time

20 "'Bali Nine' Man Loses Bid for Indonesian Clemency." BBC News. January 08, 2015. Accessed April 18, 2019. https://www.bbc.com/news/world-asia-30721710.

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1.2.1 Problem Identification

The conflict and tensions between both of the country cannot be avoided. The case and also the death penalty itself is bringing so much problem to the relationships between the two.

By imposing capital punishment by death penalty, Indonesia still having a hard stance on how the its laws applied to both Indonesian and foreigners with no exception. But it is different from the Australian governments sees it, the Australian government criticize how Indonesian law is violating the human rights.

For a brief, both Indonesia and Australia had a fair share of cooperation in many aspects, in building their diplomatic relations whether it’s in politics, economy, and socio-cultural. In the socio-cultural field, motion pictures has a role before in building this relationship between both countries. Motion pictures has helps both country to implement their own interest to one another. For example, back in the

1980s the Australia government has used this tactic to cool down a tense situation that cause by a report by Peter Jenkins of the Sydney Morning Herald regading on the wealth of the late President Soeharto.21 A year later, the ambassador of Australia at that time, Bill Morrison, tried to seize the tension by bringing Rebecca Gilling, the main actress for a soap opera created by McElroy & Mc Elroy Sydney production house that was aired in Televisi Republik Indonesia (TVRI) in 1986 to 1987 called

21 Gaston Soehadi, “Film, Diplomasi Kebudayaan dan Indonesia Film Festival di Australia,” RadioAustralia. Accessed April 19, 2019. http:www.radioaustralia.net.au/Indonesian/2015-12- 21/film-diplomasi-kebudayaan-dan-indonesian-film-festival-di-australia/1527098.

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Return to Eden, to Jakarta.22 Rebecca Gilling was greeted with a warm welcome by the people of Indonesia and this was a sign that she succeed being a “bridge of peace” for Australia to Indonesia.

But back when President was still holding the presidency, in 2013 – 2014 the relationship between Indonesia and Australia was tensed.23 Started by issue of tapping by the Australia governments towards Indonesia that was published in 2013 by Australia’s media, ABC News and .

Australian intelligence tapped President Susilo Bambang Yodhoyono’s cellphone and also few of Indonesia’s ministers. President Susilo Bambang Yodhoyono expressed his disappointment towards Australia through social media and reviewed the bilateral relationship between both countries. In the same year, the case of human trafficking or human smuggling hits both countries, for that issue both countries decided to stand in that problem to solve it. But the fact is, Indonesia has rejected the refugees that was washed to Indonesia waters. That’s when the prime minister of Australia, Tony Abbot stated his disappointment to Indonesia through a weekly broadcast in Sydney.24 The tension arise between both countries just a few days after Jakarta stated their objection for the tapping that Australia did.

22 ibid 23 Setyawati, Siti Muti’Ah, and Dafri Agussalim. "Security Complex Indonesia-Australia Dan Pengaruhnya Terhadap Dinamika Hubungan Kedua Negara." Jurnal Ilmu Sosial Dan Ilmu Politik 19, no. 2 (2016): 111. 23 Adrianjara, Dinia, and Agus Rahmat. "Australia (Lagi-lagi) Melecehkan Indonesia." VIVA. January 06, 2017. Accessed April 18, 2019. https://www.viva.co.id/indepth/fokus/867268-australia-lagi-lagi- melecehkan-indonesia. 24 “Inilah Konflik Indonesia dan Australia,” inilah.com, Accessed April 20 2019, http://nasional.inilah.com/read/detail/2048572/inilah-konflik-indonesia-dan- australia/6150/penyadapan.

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When the Bali Nine case happened and capital punishment was the decision for the ringleaders for orchestrated the drug smuggling, Australia did ask for clemency to the Indonesian government. Even with the Australian Prime Minister

Tony Abbott pleaded for Jokowi, as the president 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.25

But it seems that Indonesia will not likely budge. For this, Indonesia receive a worldwide condemnation not only from Australia but also globally because the capital punishment is consider as an act of human right violation.26

1.2.2 Research Limitation

The research will solely focus on the case started from the capturing back in

2005 - 2015 and a brief post execution after it had been done where most of the events happened regarding this case with involving with many parties. The place will only consist between Indonesia and Australia. But many of the chronology will be explain in this research paper.

25 Sulaiman, Yohanes. "Why Indonesia Is Likely to Ignore Protests and Execute 'Bali Nine' Duo." The Conversation. July 24, 2019. Accessed May 03, 2019. https://theconversation.com/why-indonesia-is- likely-to-ignore-protests-and-execute-bali-nine-duo-37645. 26 Boren, Zachary Davies. "World Leaders Condemn Indonesia for Executions." The Independent. January 19, 2015. Accessed May 03, 2019. https://www.independent.co.uk/news/world/asia/world- leaders-condemn-indonesia-for-execution-of-foreigners-in-spite-of-appeals-9985876.html.

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1.2.3 Research Question

Based on the background and the problem identification presented above, the question that the researcher would like to answer is : How does social actors influence Australian foreign policy towards the execution of the Bali Nine Duo?

1.3 Purpose & Practical use of the research

1.3.1 Purpose of the Research

This research aims to understand the case, on what happened in the beginning that leads to the changing of the dynamics of Indonesia and Australia relationship. To also see both Indonesian’s policy and mostly Australia’s foreign policy in solving the

Bali Nine Case for the Bali Nine duo. Other than the case, in this research will also try to explain the concept used in this research.

1.3.2 Practical use of the research

This research might help in a certain way to help gave students a brief understanding of the law on drugs both in Indonesia and Australia. Also on how the media plays along the way in affecting the decision making process of the foreign policy from Australia to Indonesia in hopes that it could be a reference to those who wonder about this topic specifically.

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1.4 Literature Review

However, it is still a debate whether that the death penalty was necessary or that the Bali Nine convicts accept the consequences of their actions. In this research, the writer is going to use a few journals as a supportive materials towards the research itself. In these research, the journals will present two stance. The one that thinks that agrees on the capital punishment and the other that thinks that capital punishment of the death penalty is not necessary for this case.The writer believes that the journals that already been chosen is going to help to understand the on going research that has been conducted especially on the topic of the Bali Nine case and the Execution of the

Bali Nine Duo. It will help to understand the base on how is it become an international issues that not include the government, but also other party as well. The related journals will be :

The Right to Life, the Death Penalty and Human Rights Law : an International and Australian Perspective

Andrew Byrnes, in The Right to Life, the Death Penalty and Human Rights

Law : an International and Australian Perspective, claims that despite the continuous abolition of capital punishment in many countries, it is still being used in a significant number of nations. For Australia, the use of capital punishment has always been controversial on several basic principle grounds thus all Australian jurisdiction have abolished the use of death penalty.

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The justification of the death penalty are based on a retributive or punitive and deterrence or anticipation argument. In contrast, arguments against the death penalty are based on ethical, moral, pragmatic and religious grounds. The other concern is on the unjust impact on particular social groups, such as from racial or ethnic minorities, who suffer from other disadvantages such as socio-economic deprivation and mental illness.

Under present international law there is no absolute prohibition on the imposition of the death penalty binding on all countries in the world. The capital punishment may be imposed under category of ‘most serious crimes’. However, there is dispute over whether offences that do not involve the loss of human life, such as drug trafficking offences, economic and financial crimes or corruption offences, fall within that category.27

Byrnes is against to the use of capital punishment, thus in his writing, he emphasizes more to the negative impact of the implementation and overlooks or fail to notice the reason of a state decision to impose such policy in their country. His writing is based on the believe that death penalty may also involves the violation of some internationally guaranteed human rights.

The Bali Nine, Capital Punishment and Australia’s Obligation to Seek Abolition

27 Andrew C. Byrnes, “The Right to Life, the Death Penalty and Human Rights Law : An International and Australian Perspective,” UNSW Law Research Paper No. 2007-66 : Confronting the Death Penalty People, Politics, and Principle (November 2007): 26-45, [e-journal] https://ssrn.com/abstract=1366566. Accessed April 18, 2019

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Based on Amy Maguire and Shelby Houghton on The Bali Nine, Capital

Punishment and Australia’s Obligation to Seek Abolition, the execution of human beings by the state should be opposed wherever it is carried out, and whomever its subject. This issue goes back to the basic of human rights and more pragmatic reasons to oppose capital punishment. This provides the global abolition movement with a strong ethical foundation.28

The issue regarding the death penalty has already been in the past, for

Australia the death penalty it self already violates the three central arguments on it; it violates the right to life, it contravenes the prohibition on capital punishment for all but the most severe crimes, and that it constitute torture.29 These are the basics for

Australia stand for global abolition for capital punishment.

The last person executed in Australia was Ronald Ryan, in in 1967 by for killing a prison officer during an escape.30 His lawyer still stand by his innocence and Ryan’s execution is set to be a tipping point beyond in which public and political support for capital disappeared entirely.31 In

1973, the Australian Parliament passed legislation prohibiting capital punishment for any federal crime (Death Penalty Abolition Act 1973 (Cth), s 4).32 Several states in

Australia did not erase the capital punishment formally until after around 1973, but

28 Maguire, Amy, and Shelby Houghton. The Bali Nine, Capital Punishment and Australia’s Obligation to Seek Abolition, November 30, 2018. Accessed May 18, 2019. doi:https://doi.org/10.1080/10345329.2016.12036057. 29 ibid 30 ibid 31 ibid 32 ibid

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any death sentence handed down after 1973 was switch by the courts to .

A Key Domino? Indonesia’s Death Penalty Politics

According to Dr. Dave McRae in A Key Domino? Indonesia’s Death Penalty

Politics, the death penalty is available as a punishment for a broad range of crimes in

Indonesia, but under democratic rule it has been handed down only for narcotics crimes, premeditated and terrorism. The application of death penalty in

Indonesia has not been decrease in number since 1998. Dr. Dave McRae saw that

Indonesia have the sovereignty for the death penalty more in terms of the sovereign right of each country to choose the forms of law that will apply within its borders.

The fact that more than hundred Indonesian migrant workers face the death penalty abroad, instead of building broader opposition to the death penalty for very serious crimes and problems, why should the Indonesian government grant clemency to other countries. Indonesia also emphasizes on the country’s advocacy and own administration of the law should always be protected.33

Australia’s position in effort to pleading for clemency is compromised by the successive Australian governments expressed supports towards the execution of the

Bali bombers, and for Australia to plead for clemency for the Bali Nine duo is clearly shown as a self interest.

33 McRae, Dave. A Key Domino? Indonesia’s Death Penalty Politics, March 2012. Accessed April 21, 2019. https://archive.lowyinstitute.org/sites/default/files/mcrae_a_key_domino_web-1_0.pdf.

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Discussions with numbers of individuals revealed a feeling that, for certain crimes and perpetrators, only death penalty served as fitting punishment and effective deterrent. Outside state institutions, public support for the death penalty also appears strong consistently to be around 75 per cent.34

The reason why the researcher bringing up this topic is because the researcher’s interest with the case and how it have some kind of impact to both

Indonesia and Australia dynamic. The interest surface up more with curiosity of how

Australia reacted when the clemency for the duo was not granted by President

Jokowi. The decision and all the reactions that happened will give the researcher a glimpse how it all build up. Also, the reason why the researcher chose this case is by considering how close both Indonesia and Australia to each other geographically and also by looking back to both of the countries history with another and how the cooperation builds up to making Australia and Indonesia having this unique relationship.

1.5 Theoretical Framework

This research will consist several concepts to help analyzing the study case. In the making of foreign policy, the decision making process was held and develop by

34 ibid

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the highest actor in the government to achieve a certain goal for its national interest.35

Nowadays many various social actors influence or having an impact on the making of foreign policy. These social actors varies in many forms, such as NGOs, companies, the media, and many others. Not only it influence, but there is also an interaction between these actors, the interactions that happened can be in a form of exchanging information that usually happen in public by exposing the information.

This does not mean that the government solely use the information alone. Both government and social actors intertwined with one another in order to creating something. Usually what happened often is how the politicians or government use an image or video to bring up public’s reaction to a certain issue that eventually will capture public’s attention and it also going to influenced of what is been around.

Taking a part as the element of social actor is public opinion as a concept.

Public opinion is known as a mass voice for the government to make a move on a certain issues. It is known that public opinion influence foreign policy has evolved significantly in the past decade. It took a drastic turn, it does not involve decision making process but it is more seen as a an option in a analytical analysis. Until the

1970s, public opinion is considered as something dangerous, a liability as it nature to

35 Jack C. Plano and Roy Olton, The International Relations Dictionary, Accessed 22 April 2019, p.128

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delay government intervention. Back then, foreign policy was considered as something complex for its people to even begin to understand.36

There is Gabriel Almond who stated a hypothesis that public opinion have a tendency to be volatile.37 It also known that public opinion seemed to be incapable of maintaining a stable preference and focus. Public opinion is always been seen as something on an entirely different level with the elite.

Other studies and research focus on other variables such as cultural variables, like national identity, religion, cultural sensitivity, and national interest. Here again, the culture’s stability helps stabilize public opinion.

Two theoretical models conceptualize the relations between these psychological and social variables. Hurwitz and Peffley developed a three-level hierarchical model: foreign policy preferences are based on social norms, which in turn are based on personal values. For example, a position that favors an increase in the development aid budget may result from a norm, which considers that it is a duty to intervene in the case of a humanitarian crisis. Hence, this norm is shared among those who have a high degree of compassion.38

Herrmann proposed a cognitive-interactionist model instead. They consider that foreign policy preferences expressed in surveys are the consequence of constant and systematic interactions between respondents particular dispositions and

36 Morin, Jean, and Jonathan Paquin. "How Influential Are the Social Actors?" In Foreign Policy Analysis : A Tool Box, 167-200. 2018. 37 Morin, Jean - Frederic, and Jonathan Paquin. "How Influential Are the Social Actors?" 38 ibid

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prevailing social perceptions with regard to the international context.39 For example, conservative-leaning individuals and the widespread perception of national decline can strengthen each other, generating an opinion that is strongly in favor of greater military spending.40 Information also gives a significant impact on public opinion.

For example, the number of deaths in combat.

There was a doubt of that rather public opinion may well be stable, subtle and coherent but is it really actually influence foreign policy or not? The answer is yes, or at least in the Western democracies. Usually, there is some kind of suitability between public opinion and foreign policy. Therefore, when there is a swing in public opinion, it is usually followed by a change in foreign policy.41

Public opinion channels available options without imposing a specific one. As a channeling force, public opinion helps stabilize foreign policy. Public opinion have the tendency to represent a force of opposition rather than proposition. There is three things that might increase or decrease public opinion influence to foreign policy;

First, the degree of state’s independence. A condition of state’s independence can have an impact on the influence of public opinion. At external level of independence, a state is more likely be more sensitive to public pressure if the country has a little involvement in international bodies. On the other hand, at the internal level of independence, a state that is institutionally decentralized will also be more sensitive to the influence of public opinion. Secondly, is the visibility. Certain foreign policy

39 Morin, Jean - Frederic, and Jonathan Paquin. "How Influential Are the Social Actors?" 40 Morin, Jean - Frederic, and Jonathan Paquin. "How Influential Are the Social Actors?" 41 Morin, Jean - Frederic, and Jonathan Paquin. "How Influential Are the Social Actors?"

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issues attract more public attention than others. As expected, public opinion has a greater influence when it comes to finalizing a multilateral treaty or participating in a military conflict.42 During the decision making process also has a significant effect on the level of visibility. Public opinion is more influential during phases that attract public attention, such as when an issue is put on the agenda, than when decisions are implemented. The third variable is the decision makers beliefs in.

There are two types of beliefs for decision makers; normative and strategic. In the first case, a leader may consider that he has the moral duty to take his population’s opinion into account. In the second case, a leader may judge that public support is a precondition to the success of a foreign policy. The two beliefs can significantly increase the influence of public opinion. In other words, it explain how public opinion has a degree of influencing foreign policy.43

The media it self, is in a very difficult position as they are between the political leaders and the population. They are not the official messengers for the government nor they are the literal reflection of public opinion. They are actors, with a place that can influence both leaders and public opinion. The media have an important role in influencing foreign policy. A media consist a journalist, there are many barriers that needs to be done to make sure that a source of information and the result can be held as accountable. In order into putting the media as an important role

42 Morin, Jean - Frederic, and Jonathan Paquin. "How Influential Are the Social Actors?" 43 ibid

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in foreign policy the editorial choices involves priming, which means the media identify and prioritizing foreign policy news that will be reported.

Another editorial choice that has to do with this is news framing, that is, the angle used by the media to present the news. This involves the selection and layout of the elements of information that provide substance to the news and structure its interpretation. Framing defines the problem, identifies the protagonists, qualifies their interactions and puts the case into context. The media will often frames a news based on the shared social norms involved or establishing a national identity. These editorial decisions can have an impact on public opinion. On one of the first books on the influence of the media on foreign policy, Bernard Cohen underlines the fact that the media “may not be successful much of the time in telling people what to think, but it is stunningly successful in telling its readers what to think about”.44

Repetition has a major effect of persuasion when it comes to putting a rank of priorities. Even today, foreign policy issues that are regularly covered by the media become the issues that most of the population considers to be the most important. For example, with how the media representing an article with anger rather with sadness it will ignite the readers to call for action regarding on a certain issues that was brought up.

The media’s influence goes beyond in influencing the public, but also has an impact on government leaders and foreign ministers as well. This influence towards the higher authority could be done in three ways; First, the media can put pressure in

44 ibid

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government leaders to confront a problems that they had previously dealt with. A report from the journalist may or may not push out a certain foreign policy issue into the government’s agenda. Secondly, there are many factors that can influence leader’s ideas such as in reports and also news in major newspapers as this are considered as a source of information and analyses. Third and last, leaders may believe that specific media coverage influences their electorate and due to this indirect bias, they may adjust their policies for electoral purposes.45

When it comes to how the media influence major aspects in foreign policy, it also include of the CNN Effect. The CNN Effect it self was discovered back in 1991 when the CNN emerged as a global actor in international relations and broadcast the humanitarian crisis news around the clock regarding the critical state during the Gulf

War.46 CNN's growth globally, have affected many factors of global communications and international relations in many scopes, such as technology, economics, culture, law, public opinion, politics, and diplomacy, as well as warfare, terrorism, human rights, environmental degradation, refugees, and health.47 CNN Effect demonstrate and shown its capacity by showing how much influence the media can bring to the table by broadcasting a certain conflict to the world and how the public reacts towards it. CNN Effect could also be describe on how the media was doing a kind of

45 Morin, Jean - Frederic, and Jonathan Paquin. "How Influential Are the Social Actors?" 46 Robinson, Piers. The CNN Effect: the Myth of News, Foreign Policy, and Intervention. Routledge, 2006. 47 Gilboa, Eytan. “The CNN Effect: The Search for a Communication Theory of International Relations.” Political Communication, vol. 22, no. 1, 2005, pp. 27–44., doi:10.1080/10584600590908429.

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a putting a political pressure towards the government through the audience which are the public. Some journalists said that the existence of international news channels had tipped the balance of power in favor of the media.

With the intense of live news broadcasting for straight 24 hours a day, the government must act fast to respond to international crisis as soon as possible.

Because by the constant of news reporting, the opponent of the government might take advantage of the situation. Until recently, the media, public opinion and governments had a meeting point where the media outlets that were geared toward several countries and the analysts bold enough to talk about a public opinion were few and far between. Consequently, most theoretical models that conceptualize the triad of the state, the media and public opinion emphasize their mutual influence towards one another.

1.6 Research Methods & Data Collections Technique

1.6.1 Research Methods

Upon the case study of this research, the qualitative research method is used in answering and analyzing this research since its considered as the most suitable method for the writer. This research will be based on a valid data through several of literature review. Qualitative research method is a process of an examination and

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interpretation of data without using any numerical data to discover an information.48

The writer is also going to use the analyzing methods towards the study case using the theory and concept that had been chosen.

1.6.2 Data Collections Technique

Data collection that is used in this research is by collecting a valid secondary data, through many references. The writer has selectively choose the data that is going to help with this research and to make sure that the data that is going to be in this research will support the analysis that conducted for this research. Data and references in this research is from books, internet, journal, official documents and other documents.

1.7 Thesis Structure

This research paper will consist of 4 chapters, which are described as follows:

CHAPTER I : INTRODUCTION

Chapter I consist of eight sub-chapters which are research background, problem identification and time, purpose and practical use of the research, literature review, theoretical framework, research data methods and data collections techniques, and lastly thesis structure. The introduction provides general information on what

48 John W. Creswell, “Qualitative Inquiry & Research Design,” (: Sage Publication, 2007), 37.

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makes this topic matter, and clearly explain the title of the thesis that further will be discussed on the next chapter.

CHAPTER II :

Chapter II mainly discuss about how the case started back in 2005 until 2015 when both of the ringleaders were executed. Also to describe how the media in

Australia published the news regarding on the execution to the public that might lead to how the Australian government making their foreign policy towards Indonesia.

CHAPTER III :

Chapter III mainly discuss the effort of both country effort in standing on their stances and how the media in Australia participate in the actions of the Australia’s government in asking for clemency from Indonesia.

CHAPTER IV :

Chapter IV is the closure as the final chapter to end and close the whole research. This part consist of the conclusion of the research and analysis that have been conducted and and will also provide suggestions or recommendations pertaining with the research topics.