By: Adib Gusti Arigoh
Hello Sobat Selaras!
Indonesia has just ratified an extradition agreement with Singapore. The extradition agreement is expected to narrow the space for criminals to move.
Then, what is meant by extradition and what is the procedure for perpetrators of Extra Ordinary Crime?
The Definition of Extradition
Extradition is the surrender of the perpetrator of a crime who is outside the jurisdiction of the requesting country by the requested country. In other words, extradition is an effort made by a state that wants to return the perpetrator of a crime to a locus delicti state (where the offense occurred).
Referring to the terminology, according to J.G Strake, extradition means a process based on an agreement by one country to surrender a person to another country based on an application because the person is accused or charged with an act that is against the law in the jurisdiction of the applicant’s country.
Rules Regarding Extradition in Indonesia
In Indonesia, extradition policy is regulated in Law Number 1 of 1979 concerning Extradition (abbreviated as “the Extradition Law“). In principle, extradition must be carried out based on the agreement, and can only be imposed for certain crimes.
These certain crimes are regulated in the annex to the Extradition Law concerning the List of Crimes whose Perpetrators are allowed to be Extradited. In the appendix, there are 32 crimes which include Extraordinary Crimes.
Then what is the extradition procedure for the perpetrators of Extra Ordinary Crime?
The procedure of Extradition to Extra Ordinary Crime
Mar A Drumbl in his book entitled “Extraordinary Crime and Ordinary Punishment: An Overview” Extra Ordinary Crime is an extreme level of crime that is different from Ordinary Crime (crimes in general).
Extra Ordinary Crime has a full effect, widespread and massive impact and becomes an enemy of humanity.
The Indonesian Extradition Law regulates the extradition procedure for 32 crimes which are attached to the attachment a quo in Articles 18 to 41 of the Extradition Law.
The following are the extradition procedures based on the provisions of the Extradition Law.
- Submission of Temporary Detention Against Criminals
According to Articles 18 – 20 of the Extradition Law, the submission mentioned above is made by the requesting country to the Indonesian National Police Chief or Attorney General through the International Police Organization Crime (“INTERPOL”).
If the reason for the filing is not against Indonesian law, then the National Police Chief or the Attorney General can detain him.
The person who is temporarily detained is examined based on the Indonesian Criminal Procedure Code unless otherwise stipulated.
- Submission of a request for extradition through a diplomatic representative
Submission of the letter is accompanied by written documents that have been determined such as; the original sheet of the court decision, the identity of the person requested for extradition, warrant of detention, locus delicti, and locus tempus extradition perpetrator. (Article 22 of the Extradition Law)
- Examination of the Criminal
During the detention process, the perpetrator will be examined by the police and the results will be written in the Minutes of Examination. After that, the trial process was carried out. ( Articles 25-28 of the Extradition Law)
- The Judgment of criminal
The perpetrator was duly summoned to undergo the trial process. The judge will examine and decide whether the perpetrator can be extradited or not.
If the judge decides that the perpetrator can be extradited, then the decision will be reconsidered by the competent authority. ( Articles 29- 33 of the Extradition Law)
- The Consideration of court decisions
This consideration was carried out by the Ministry of Law and Human Rights, the Minister of Foreign Affairs, the Attorney General, and the National Police Chief. (Article 36 paragraph (1) of the Extradition Law)
- The Presidential Decree
After receiving the court decision and considerations from the parties mentioned above, the president determines whether the perpetrator can be extradited or not ( Article 36 paragraph (2) of the Extradition Law)
- The Submission of criminal
Based on Articles 40-41 of the Extradition Law, if the president decides to approve the extradition request of the requesting country, then the perpetrator will be handed over to the competent authority of the requesting country.
The place and time of surrender are determined by the ministry of law and human rights. If the perpetrator is not taken by the requesting country within 30 days, then the perpetrator is released by the government of the Republic of Indonesia, in other words, the extradition decision is declared null and void.
That’s all is a brief explanation of Indonesia’s Extradition Policy Procedures for Extraordinary Crimes. Visit our website at Selaras Group for other interesting information.
Indonesian Law Number 1 of 1979 concerning Extradition.
Hatta, Muhammad. “Extraordinary Crime Extra Ordinary Crime“. Unimal Press: Lhokseumawe.2019
Dewi, Dwi Melia Nirmalananda, et al. Extraditions as a Prevention and Eradication Effort of International Crime. Jurnal Analogi Hukum. Vol. 2(1).Page.17-21.
Editor: Siti Faridah, S.H.