The fate of the remaining Bali Nine members now lies with the Australian government after Indonesia submitted a draft proposal outlining conditions for their transfer back home.

Yusril Ihza Mahendra met Australian Home Affairs Minister Tony Burke in Jakarta on Tuesday and handed over a draft proposal for the return of the five prisoners, who were arrested in 2005 trying to smuggle more than 8kg  of heroin out of the Indonesian resort island. 

They include Scott Rush, Matthew Norman, Si-Yi Chen, Martin Stephens and Michael Czugaj.

Ringleaders Andrew Chan and Myuran Sukumaran were executed in 2015, sparking a diplomatic incident with Australia, while Renae Lawrence was released in 2018 and Tan Duc Than Nguyen died of cancer the same year.

Mr Mahendra said the terms of the draft include the five being banned from returning to Indonesia, regulations on the legal basis for the transfer and a requirement that Australia respect the decision of the Indonesian court.

‘The ball is no longer in our government’s court, the ball is in the Australian government,’ he explained.

However, he stressed that Indonesia has a strict policy of never granting pardons to drug offenders

‘Not only to foreigners, we have never given it to our citizens, how can we give clemency to foreigners?

‘We never release them. Don’t misunderstand. We transfer in one condition as prisoners back to the country concerned.

‘So even if the Bali Nine case is later transferred to Australia, it is not us freeing them, we transfer them to Australia as prisoners. 

‘Later they will serve their sentences in Australia based on our court decision. That must be recognised by the Australian government and respected.’

If the Australian government later decides to grant a pardon, remission, or amnesty, that decision will be entirely within their authority,  Mr Mahendra said.

That an Indonesia proposal was handed over during the meeting was ‘a significant step forward and shows significant goodwill’, Mr Burke said on Tuesday.

Impediments within both legal systems were discussed.

‘I have full respect for the Indonesian legal system and approach the conversations with a great deal of respect and a great deal of humility,’ he said.

‘There are … some issues which have not yet been resolved and that work will continue between our officials.’

Jakarta is reportedly seeking the repatriation of Indonesian prisoners held in Australia as part of any deal.