Bali 9 Duo Lose Death Row Appeal
Australians Myuran Sukumaran and Andrew Chan have lost the appeal to challenge their clemency rejections, but their lawyers plan a new battle to keep the firing squad at bay.
The appeal in the state administrative court was the pair's last real legal avenue to save them from the firing squad for the 2005 Bali Nine heroin smuggling bid.
A panel of three judges rejected the appeals on Monday, upholding their earlier decision that presidential clemency can't be considered a state administrative matter.
Lawyer for Chan and Sukumaran, Leonard Arpan, said their next move would be to challenge the constitutional court to define the president's obligations in relation to clemency.
Indonesia's attorney general has promised to wait for all 10 prisoners in line for the firing squad to run out of legal appeals before setting a date for their executions.
Mr Arpan says this should extend to the new action.
"It's not over yet," he told reporters after the hearing.
"We will submit a constitutional review request to the constitutional court regarding the clemency law that wasn't mentioned in today's hearing.
"We demand a clear explanation of the president's obligations in issuing clemency."
The application would be filed this week in conjunction with human rights groups.
"We believe we still have to take this action because in this country, no matter what citizen you are, they have the right to defend their lives," he said.
The lawyers have argued that President Joko Widodo erred by rejecting clemency for the men on the basis they were drug offenders, without considering their rehabilitation.
Mr Arpan said the Australians, who await execution on Nusakambangan island, should not be shot in the meantime.
"After 10 years, this has been a successful rehabilitation program and it's very regretful if in the end, they must die," he said.
"It's our spirit to keep on fighting through any available avenues.
"Of course I'm hoping the government still respects any ongoing (legal) procedures."
It's believed the constitutional review request on clemency will be the first of its kind.
The administrative court action was also unusual, having only been attempted once before and lost - a precedent raised in the judges' reasoning on Monday.
The administrative court had rejected the Bali Nine pair's challenge in February, determining the decrees by Mr Joko were not within its jurisdiction.