EXTRADITION
Extradition means surrender of criminal offenders who are accused or convicted on the account of crime committed outside the territory of the surrendering state and within the jurisdiction of the territory the state. Extradition can be proceeded by maintaining the fulfilment of the offenders’ right for the purpose of prosecuting or convicting the offenders. Extradition in Indonesia is regulated by Indonesian Extradition Law Number 1 Year 1979. To execute the Extradition requests in the technical level, Directorate of Central Authority and International Law under the Directorate General of Legal Administrative Affairs manages to receive and send the Extradition requests by coordinating with the Indonesian Attorney General’s Office, Indonesian National Police, and other competent authorities.
Extradition in Indonesia is implemented based on treaties. In the absence of treaties, Extradition may still be granted on the basis of international relation and the principles of reciprocity. Reciprocity means that:
the Requesting Countries need to declare its assurance to assist Government of Indonesia subsequently or that the Requesting Countries need to provide reciprocal undertaking within the request letter, promising legal assistance to the Government of Indonesia. Government of Indonesia will take into consideration of any assistance record. The request for extradition shall be addressed in writing to the Minister of Law and Human Rights of the Republic of Indonesia. Original document submission through the diplomatic channel is mandatory. Following the submission of Extradition request by the Requesting Country, Central Authority unit for Extradition under the Ministry of Law and Human Rights of the Republic of Indonesia will carry out the Extradition request prior to the decision of Minister of Law and Human Rights of the Republic of Indonesia to grant extradition request and forward the request on due process of law.
Based on Indonesian Extradition Law, general requirements for fugitive suspected persons are:
Request for Extradition (Central Authority also provides model form of Extradition request which should be taken into consideration in fulfilment of the requirements or information. Attachment File: Template of Extradition Request-Incoming); The original or an authenticated copy of the arrest warrant issued by the competent authorities of the Requesting Country; Statement of underlying prosecution of the suspected persons in Requesting Country; Summary of facts underlying the conduct; The legal provision text of the Requesting Country which has been violated or the contents of the relevant laws; Statements regarding the identity and nationality of the suspected persons; Formally, the submission of Extradition request to Indonesia shall be made by the Central Authority designated by the law. The communication can be made between Central Authority of the Requesting Country and Indonesian Central Authority or through the diplomatic channel. The communication and coordination on the Extradition process with the law enforcement agencies can be made directly, however the official Extradition request shall be made through the Central Authority, to ensure the legitimacy in the legal process of the Extradition request.
In such process, the Central Authority will carry out assessment, review, and communication with the relevant authorities, both in domestic level and with the Central Authority of the other countries to ensure the fulfilment of Extradition request based on prevailing legislations in Indonesia. The following is the flowchart of submitting the Extradition request to Indonesia.
Notes:
- Submission of Extradition Request Proposal to Central Authority
- Request Proposal documents assessed, and request letter drafted (2a) / provisional arrest (2b)
- Request letter submitted and request coordinated and monitored
- Fulfilment of extradition request from Requested Country and feedback
If there is an urgent matter when it is believed that a fugitive located in a particular jurisdiction may flee from the jurisdiction and there is insufficient available time to prepare the Extradition request, a country can seek a provisional arrest of the fugitive to Indonesia through Interpol channels or to Indonesian Attorney Generals’ Office through diplomatic channel. If the request is accepted, the requested person can be arrested prior to the submission of Extradition request. Provisional arrest is applicable to the request with treaty or non-treaty based country with Indonesia. Guarantee of the dual criminality principle is mandatory, which shall be made in writing attached to the Extradition or provisional arrest request.
Extradition is widely executed based on treaties. In the absence of treaties, Extradition may still be granted on the basis of international relation and the principles of reciprocity.
To ensure that the Extradition request is executed efficiently, it is imperative for the competent authorities to be attentive on the following notes when proposing submission of extradition request to Ministry of Law and Human Rights of the Republic of Indonesia:
- Request for ExtraditionCentral Authority also provides model form of Extradition Request Letter which should be taken into consideration in fulfilment of the requirements or information. (Attachment File: Template of Extradition Request-Outgoing);
- Identity of the institution which submits the Extradition request;
- The subject matter and nature of investigation, prosecution, or examination before the court related to the Extradition request, as well as the name and function of the institution conducting investigation, prosecution and judicial process;
- Summary of related facts;
- Provisions of the relevant laws, articles and criminal threats;
- Description on the extradition requested;
- Elaboration of the desirable special procedure, including confidentiality;
- Other requirements determined by the Requested Country;
Notes:
- Submission of Extradition Request Proposal to Central Authority
- Assessment and Drafting Extradition Request
- Subsmission of Letter to Requested Country, Coordinating and Monitoring of Extradition Request
- Fulfilment of Extradition and Feedback
