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Law on the Extradition of International Fugitives in Indonesia

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Law on the Extradition of International Fugitives in Indonesia

Law on the Extradition of International Fugitives in Indonesia
Bunga Meisa Rouly Siagian, S.H., M.Sc.International Business Law Program Universitas Prasetiya Mulya
International Business Law Program Universitas Prasetiya Mulya
Bacaan 10 Menit
Law on the Extradition of International Fugitives in Indonesia

PERTANYAAN

Are the Indonesian police also cooperating with the FBI? For example, if an international fugitive is found to be living in Indonesia, is there any legal basis to arrest the fugitive and hand him/her over to the FBI?

DAFTAR ISI

    INTISARI JAWABAN

    If there are fugitives from other countries in Indonesia, cooperation in relation to investigations and information exchange can be carried out with The International Criminal Police Organization (“INTERPOL”) network.

    Furthermore, in the event that the Indonesian National Police are required to transfer/ handover a person to another country, then an Extradition Treaty must be undertaken. If it turns out that there is no Extradition Treaty, in this case between Indonesia and the United States, then what happens to the extradition?

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of Hukumnya Ekstradisi Buron Internasional di Indonesia which was written by Bunga Meisa Rouly Siagian, S.H., M.Sc., and was published on Wednesday, 5 May 2021.

    All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    INTERPOL

    Cooperation between police and security agencies in countries that are members of The International Criminal Police Organization ("INTERPOL"), functions as an intermediary to connect the Indonesian National Police and the security institutions of other countries if information relating to the investigations is required.[1]

    For example, in this case, the Federal Bureau of Investigation ("FBI"), which is the intelligence and security agency in the United States, requires information regarding a fugitive in Indonesia, however, because it is limited to the jurisdiction of the area, then the FBI will contact INTERPOL in Indonesia to help obtain information.

    It should be noted that at the time of this article's writing, INTERPOL has 194 member countries, of which Indonesia has been a member since 1952.[2]

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    Extradition Treaty

    According to your question, if the FBI is certain that the wanted person is indeed in Indonesia and must be immediately arrested and handed over, then the United States of America must request extradition to Indonesia.

    Definition of extradition according to Article 1 Law Number 1 of 1979 on Extradition regulates that:

    Handover by a country to a country requesting the handover of a person who is suspected of or convicted of a crime outside the territory of the transferring country and in the jurisdiction of the territory of the country requesting the handover, as the country has jurisdiction to adjudicate and convict the person.

    Generally, extradition can only be conducted based on an agreement/ treaty, either a bilateral or multilateral agreement.[3] This agreement will be set forth nationally in the form of law. If there is no previous agreement, then extradition may be conducted on the basis of good relations between countries and if the interests of the Republic of Indonesia desire so.[4]

    In response to your question, up to this writing was made, there has been no extradition treaty between the United States and Indonesia. Therefore, the decision to allow said fugitives to be handed over to the United States will only be based on diplomatic relations between the two countries.

    The process of extradition can be briefly described as follows:

    1. The requesting country shall submit a written request for extradition through diplomatic channels to the Minister of Law and Human Rights (“Minister”).[5]
    2. The Minister then examines and ensures that all of the requirements are fulfilled, and then the Minister will send the files and appendices to the Chief of the Indonesian National Police and the Attorney General of the Republic of Indonesia for examination.[6] In the process of examination, arrests, and detentions are possible but shall follow the provisions in Law Number 8 of 1981 on the Criminal Procedure Code.
    3. After that, the results of the examination are recorded in an official report and submitted to the local Attorney’s Office/ Attorneys. The Attorneys shall then, by stating written reasons, request the District Court at the place of detention to determine whether that person may be extradited or not.[7]
    4. The court submits the stipulation of the extradition to the Minister and then forwards it to the President along with the considerations of the Minister, the Minister of Foreign Affairs, the Attorney General, and the Chief of the Indonesian National Police in order to obtain a decision. If granted, the President issues a Presidential Decree, which will be notified through diplomatic channels.[8]

    Study Case

    For example, regarding extradition without any prior agreement, you can look at the Decree of the President Number 16 of 2009 which granted the extradition request which was submitted by the Government of France on behalf of Christian Burger, a citizen of Switzerland and France, who is convicted of child molestation within the France Jurisdiction.[9]

    In the Considering/Recitals section, it is stated that the Government of the Republic of Indonesia and the Government of France do not yet have an extradition treaty, however, the Extradition Law allows extradition to be carried out on conditions that are based on good relations and the interests of the Republic of Indonesia desire so.[10]

    These are the answers we can provide, we hope you will find them useful

    Legal Basis:

    1. Law Number 1 of 1979 on Extradition;
    2. Law Number 8 of 1981 on the Criminal Procedure Code;
    3. Decree of the President Number 16 of 2009 on Extradition Application Filed by the Government of France on Behalf of Christian Burger, Citizens Of Switzerland And France, Who is Convicted of Child Molestation within the French Jurisdiction.

    Reference:

    1. How INTERPOL supports Indonesia to tackle international crime, accessed on 5 May 2021, at 16.00 West Indonesian Time (zone);
    2. Member Countries, accessed on 5 May 2021 at 16.05 West Indonesian Time (zone).

    [1] How INTERPOL supports Indonesia to tackle international crime, accessed on 5 May 2021, at 16.00 West Indonesian Time (zone);

    [2] Member Countries, accessed on 5 May 2021 at 16.05 West Indonesian Time (zone).

    [3] Article 2 section (1) Law Number 1 of 1979 on Extradition (“Law 1/1979”).

    [4] Article 2 section (2) Law 1/1979.

    [5] Article 22 Law 1/1979.

    [6] Article 24 Law 1/1979.

    [7] Article 26 section (2) and Article 7 Law 1/1979.

    [8] Article 36 section (1), (2), and (4) Law 1/1979.

    [9] First Dictum of Decree of the President Number 16 of 2009.

    [10] Recitals Letter C Decree of the President Number 16 of 2009.

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