Home Affairs Minister Tony Burke has provided an update on the return of the Bali 9

Home Affairs Minister Tony Burke has discussed the return of the remaining members of the Bali Nine with his Indonesian counterpart in Jakarta.

The return of the Bali Nine to Australia from Indonesia has taken a critical step following a high level ministerial meeting in Jakarta.

Indonesia has provided Australia with a draft on how the remaining members of the drug smuggling ring can be returned home nearly 20 years after their arrests.

Home Affairs Minister Tony Burke travelled to Indonesia to discuss the details of a transfer, including the timing and critically, whether they will continue to serve the remainder of their life sentences in Australian prisons.

Michael Czugaj is one of nine accused Australians drug traffickers known as the Bali Nine.

Si Yi Chen, one of nine accused Australians drug traffickers known as the Bali Nine.

On Tuesday, during a joint press conference with Coordinating Minister for Law, Human Rights, Immigration and Corrections Yusril Ihza Mahendra, Mr Burke said work was continuing on some of the issues.

But he said the meeting had been promising.

“The thing that is very clear from the meeting today is the goodwill,” he said.

“We have now been given some specific words from Indonesia and so we will work through that in good faith.”

Home Affairs Minister Tony Burke was in Jakarta to meet with his Indonesian counterpart to discuss the return of the Bali Nine. (Photo by Bay Ismoyo / AFP)

The diplomatic mission to return the remaining five prisoners – Si Yi Chen, Michael Czugaj, Matthew Norman, Scott Rush and Martin Stephens – who were sentenced to life in jail over a drug trafficking plot to smuggle 8.3kg of heroin into Australia in 2005, has been long been advocated by Anthony Albanese.

Of the original Bali Nine members, the group’s ringleaders Andrew Chan and Myuran Sukumaran were executed by firing squad in 2015. In 2018, Tan Duc Thanh Nguyen died in prison from stomach cancer.

Renae Lawrence also had her sentence commuted and was released in November.

Mr Yusril said Indonesia hoped a deal could be made this year.

Australia and Indonesia do not have an agreement for prisoner exchange, so some details needed to be worked out before a final deal could be reached.

He conced that although Jakarta would prefer the Bali Nine to continue serving their life sentences after returning home, he said Australia could grant clemency.

Members of the Bali Nine members Scott Rush, Matthew Norman, Si-Yi Chen, Martin Stephens and Michael Czugaj were caught smuggling drugs into Indonesisa. Picture: Supplied

“We are transferring them to their countries so they can serve their sentence there, but if the countries want to give amnesty, we respect it. It’s their right.”

Mr Burke said the Australian government would work with the Indonesians to resolve the matter.

“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,” Mr Burke said.

“There are ... some issues which have not yet been resolved and that work will continue between our officials.”