A request from local police has left Andrew Joseph McLean in immigration detention for four months without being charged, raising questions about legal process and inter-agency coordination.
JIMBARAN, Bali — A New Zealand citizen has been held in an Indonesian immigration detention center for nearly four months, caught between a deportation order and a police investigation that has failed to advance, his lawyers say.
Andrew Joseph McLean is not a formally accused criminal suspect, yet authorities have prevented his deportation since late November, leaving him in a state of prolonged legal uncertainty at the Jimbaran Immigration Detention Center.
The case began in August 2025 when the Badung Police received an assault complaint from an Indonesian woman identified as McLean’s partner. Police opened an investigation but never detained him. Instead, immigration authorities took McLean into custody on September 14 for an immigration violation and initiated deportation proceedings.
As his removal neared, the process was abruptly halted. A letter from the Badung Police Criminal Investigation Unit, dated November 25, formally requested a delay, stating McLean was “still needed in the investigation process.”
An Investigation in Name Only
Despite being the rationale for keeping McLean in Indonesia, the police investigation shows no signs of progress. He has never been named a suspect, and the case has not been elevated to a formal police report.
“Our client is detained by immigration, not police. When deportation was imminent, a letter from the Badung Police appeared to postpone it,” said his lawyer, Max Widi. He described McLean’s situation as a legal “limbo.”
Health Concerns and a Unanswered Legal Appeal
Complicating the case is McLean’s mental health. A medical certificate from Bali’s Sanglah Hospital diagnoses him with Bipolar Affective Disorder, a condition requiring treatment and supervision.
Citing Article 44 of Indonesia’s Criminal Code—which states that individuals cannot be punished for acts committed while unable to understand their actions due to mental disorder—Widi formally requested the investigation be dropped on December 12, 2025. He says he has received no response.
“Our letter was never answered. We have not been provided with an investigation report or any case file,” Widi said, questioning the transparency of the process.
Seeking Clarity Through the Courts
Frustrated by the inertia, McLean’s legal team is now considering a praperadilan (pre-trial motion) to compel a decision. “If our client is to be named a suspect, then do it. Do not leave him suspended for months without legal certainty,” Widi stated.
The case underscores systemic issues: unclear time limits on procedural holds between agencies, a lack of communication, and the violation of a basic legal principle—the right to timely clarity regarding one’s legal status.
In his detention cell, Andrew McLean continues to wait, not for a verdict of guilt or innocence, but for the authorities to make up their minds.
Hey Bali News reports on complex legal cases within our community, highlighting issues of procedure, justice, and individual rights.
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