{"id":4906,"date":"2026-01-22T11:34:45","date_gmt":"2026-01-22T03:34:45","guid":{"rendered":"https:\/\/heybali.info\/news\/?p=4906"},"modified":"2026-01-22T11:34:47","modified_gmt":"2026-01-22T03:34:47","slug":"andrew-mcleans-limbo-when-indonesias-law-forgets-to-decide","status":"publish","type":"post","link":"https:\/\/heybali.info\/news\/andrew-mcleans-limbo-when-indonesias-law-forgets-to-decide\/","title":{"rendered":"Andrew McLean\u2019s Limbo: When Indonesia\u2019s Law Forgets to Decide"},"content":{"rendered":"\n

By Giostanovlatto<\/em>
In consultation with Prof. Dr. Werdhi Sutisari, SH., M.H., PhD<\/strong><\/em>
Dean of the Faculty of Philosophy, Asean University International<\/em><\/p>\n\n\n

\n
\"Prof.
Prof. Dr. Werdhi Sutisari, SH., M.H., PhD<\/figcaption><\/figure>\n<\/div>\n\n\n

BALI, Indonesia<\/strong>\u00a0\u2014 In the tranquil surroundings of Bali\u2019s Jimbaran immigration detention center, a quiet crisis of legal ambiguity is unfolding. For nearly four months, Andrew Joseph McLean, a New Zealand national,<\/strong> has been held without clear criminal charges, without deportation, and without the procedural clarity that modern rule of law demands. His case has become more than an immigration footnote\u2014it is a litmus test for Indonesia\u2019s reformed penal code and its commitment to justice in an international context.<\/p>\n\n\n\n

>> Read : <\/strong>New Zealand National Held in Bali as Police Request Delays Deportation for Four Months Without Legal Clarity<\/a><\/p>\n\n\n\n

What began as an alleged assault report in Badung last August has morphed into a confounding legal paradox. Mr. McLean was never formally arrested by police. Instead, immigration authorities detained him for an administrative violation in September. Just as deportation seemed imminent, a police letter in late November requested a postponement, citing ongoing investigations. Since then, he has lingered in a procedural void\u2014not a criminal suspect, not a deportee, but a man indefinitely suspended between decisions.<\/p>\n\n\n\n

But it is the emergence of Mr. McLean\u2019s documented mental health condition that elevates this from a bureaucratic delay to a profound legal and ethical dilemma. Medical records from Bali\u2019s Sanglah General Hospital diagnose him with Bipolar Affective Disorder, Manic Episode with Psychotic Symptoms<\/strong>. In the hands of a skilled legal scholar, this diagnosis is not merely clinical\u2014it is juridical.<\/p>\n\n\n\n

\n

\u201cThe law,\u201d explains Prof. Dr. Werdhi Sutisari, a distinguished Indonesian legal philosopher, \u201cis not meant to punish those who cannot comprehend their own actions.\u201d<\/strong><\/p>\n<\/blockquote>\n\n\n

\n
\"A
A medical certificate from Prof. Dr. I.G.N.G. Ngoerah General Hospital (Sanglah Hospital) diagnosed him with Bipolar Affective Disorder with Manic Episode with Psychotic Symptoms (F31.2) (Doc: Hey Bali\/ Max Widi)<\/figcaption><\/figure>\n<\/div>\n\n\n

In a detailed analysis shared with this writer, Prof. Werdhi frames the case through the lens of Indonesia\u2019s new Criminal Code (Law No. 1\/2023), a document meant to reflect a more humane, restorative vision of justice. At its heart lies Article 44, which explicitly states that those who commit acts under severe mental incapacity due to illness shall not be criminally punished.<\/p>\n\n\n\n

\u201cThis is not a loophole,\u201d Prof. Werdhi emphasizes. \u201cIt is a fundamental principle. A person with severe mental disorder lacks mens rea<\/em>\u2014the guilty mind necessary for criminal liability. The new code understands this. It shifts the focus from punishment to protection and rehabilitation.\u201d<\/p>\n\n\n\n

Indeed, under the revised code, individuals like Mr. McLean\u2014if proven to have been in a state of psychotic breakdown during the alleged incident\u2014would not face prison. Instead, the court could impose maatregel<\/em>: measures such as compulsory treatment, medical supervision, or rehabilitation. This approach is consistent with a 2012 Supreme Court ruling (No. 55 K\/Pid\/2012), which held that persons with severe mental illness should receive care, not incarceration.<\/p>\n\n\n\n

Yet here lies the rupture between legal theory and practice. Despite the medical certificate from a state hospital\u2014a document Prof. Werdhi describes as \u201ca strong piece of medical evidence\u201d\u2014Mr. McLean remains detained under immigration authority, while a criminal investigation hangs over him without apparent progress.<\/p>\n\n\n\n

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\u201cWhen the state suspects someone of a crime,\u201d Prof. Werdhi notes pointedly, \u201cit must act with clarity and urgency. Detaining a person in a legal gray zone, under one pretext while investigating another, undermines the very rule of law Indonesia seeks to uphold.\u201d<\/strong><\/p>\n<\/blockquote>\n\n\n\n

The professor\u2019s concern touches on a core vulnerability in Indonesia\u2019s legal architecture: the coordination\u2014or lack thereof\u2014between immigration enforcement and criminal justice agencies. Mr. McLean\u2019s limbo appears less a deliberate strategy than a systemic inertia, where one institution\u2019s request to \u201cwait\u201d overrides another\u2019s mandate to resolve or release.<\/p>\n\n\n\n

For Bali, a island sustained by global tourism and expatriate trust, the implications are tangible. The island sells itself as a place of order and beauty, a seamless blend of culture and modernity. Cases like Mr. McLean\u2019s whisper a different narrative\u2014one of procedural ambiguity, where rights can stall in the space between agencies.<\/p>\n\n\n\n

International observers, including foreign consulates and human rights advocates, are watching. The treatment of a foreign national with documented mental health needs tests not only Indonesia\u2019s penal reforms but also its adherence to the Convention on the Rights of Persons with Disabilities, which it has ratified.<\/p>\n\n\n\n

What happens next?<\/strong>\u00a0<\/h3>\n\n\n\n

Prof. Werdhi suggests a clear path forward: the police should immediately seek a forensic psychiatric examination (visum et repertum psychiatricum<\/em>) to determine Mr. McLean\u2019s mental state at the time of the alleged offense. If he is found to have lacked criminal responsibility, the case should be diverted from the penal track to a therapeutic or administrative one, possibly culminating in supervised care and deportation.<\/p>\n\n\n\n

Until then, Andrew McLean waits. And while he waits, so does Bali\u2019s reputation as a destination where justice is not only picturesque but also predictable, fair, and humane.<\/p>\n\n\n\n

In the words of Prof. Werdhi: \u201cLaw should provide certainty, not suspense. Especially in paradise.\u201d<\/p>\n\n\n\n

This opinion analysis is based on written correspondence and interviews with Prof. Dr. Werdhi Sutisari, SH., M.H., PhD, conducted in early 2026.<\/em><\/p>\n\n\n\n

#heybalinews<\/strong><\/a><\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

By GiostanovlattoIn consultation with Prof. Dr. Werdhi Sutisari, SH., M.H., PhDDean of the Faculty of Philosophy, Asean University International BALI, Indonesia\u00a0\u2014 In the tranquil surroundings of Bali\u2019s Jimbaran immigration detention center, a quiet crisis of legal ambiguity is unfolding. For nearly four months, Andrew Joseph McLean, a New Zealand national, has been held without clear […]<\/p>\n","protected":false},"author":1,"featured_media":4824,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","jnews-multi-image_gallery":[],"jnews_single_post":{"format":"standard"},"jnews_primary_category":[],"jnews_override_bookmark_settings":[],"jnews_food_recipe":[],"enable_food_recipe":"","food_recipe_title":"","food_recipe_description":"","food_recipe_serve":"","food_recipe_time":"","food_recipe_prep":"","food_recipe_level":"","food_recipe_keywords":"","food_recipe_category":"","food_recipe_cuisine":"","food_recipe_yield":"","food_recipe_calories":"","enable_print_recipe":"","ingredient":[],"instruction":"","jnews_social_meta":[],"jnews_review":[],"enable_review":"","type":"","name":"","summary":"","brand":"","sku":"","good":[],"bad":[],"score_override":"","override_value":"","rating":[],"price":[],"jnews_override_counter":[],"jnews_post_split":[],"footnotes":""},"categories":[38,36,347,52,51],"tags":[353,47,106,314,146,82,489,77,62,674,54,490],"class_list":["post-4906","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-expert-opinion","category-analysis-opinion","category-bali-law","category-bali-news","category-bali-update","tag-analysis-opinion","tag-bali","tag-bali-expat","tag-bali-law","tag-bali-life","tag-bali-tourism","tag-expert-opinion","tag-indonesia","tag-international","tag-new-zealand","tag-news","tag-prof-dr-werdhi-sutisari"],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/posts\/4906","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/comments?post=4906"}],"version-history":[{"count":0,"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/posts\/4906\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/media\/4824"}],"wp:attachment":[{"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/media?parent=4906"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/categories?post=4906"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/heybali.info\/news\/wp-json\/wp\/v2\/tags?post=4906"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}