Overview
Minister of Law and Human Rights of the Republic of Indonesia is mandated by Law No.1 Year 2006 on Mutual Legal Assistance in Criminal Matters as the Central Authority for MLA and Extradition Cooperation of the Republic of Indonesia. This cooperation provides assistance for law enforcement agencies to their legal process involving multi-jurisdiction. Directorate of Central Authority and International Law under the Directorate General of Legal Administrative Affairs is managed to execute the Mutual Legal Assistance in Criminal Matters (MLA) and Extradition requests in the technical level by coordinating with the competent authorities.
Delegasi Indonesia yang terdiri dari perwakilan Kementerian Hukum dan Hak Asasi Manusia RI dan Kementerian Luar Negeri RI menghadiri the 1st Meeting of the ASEAN Ministers/Attorneys-General of the Central Authorities on Mutual Legal Assistance in Criminal Matters (1st AMAG-MLAT) pada tanggal 22 November 2023 di Bandar Seri Begawan, Brunei Darussalam.
Pertemuan ini dihadiri oleh menteri dan jaksa agung atau pejabat tinggi yang mewakili dari negara-negara ASEAN dan membahas kebijakan bersama untuk memperkuat kerja sama penegakan hukum lintas negara melalui mekanisme bantuan timbal balik dalam masalah pidana atau mutual legal assistance in criminal matters (MLA) di antara negara-negara ASEAN.
Jaksa Agung Brunei Darussalam, Dato Ahmad Isa memimpin jalannya pertemuan dan telah menghasilkan joint statement yang memuat komitmen bersama untuk memperkuat penerapan perjanjian MLA ASEAN.
Pertemuan ini merupakan pertemuan pertama tingkat menteri setelah elevasi Perjanjian MLA se-ASEAN menjadi Dokumen ASEAN. Selesainya proses elevasi ini dapat mempererat kerja sama penegakan hukum lintas negara dalam lingkup ASEAN dan membuka peluang kerja sama dengan negara lainnya di luar ASEAN.
Peran aktif Indonesia pada pertemuan 1st AMAG-MLAT
“Perjanjian MLA ASEAN ini dapat diaksesi oleh negara di luar ASEAN, namun Indonesia memandang aksesi tersebut perlu tetap memperhatikan kepentingan negara-negara ASEAN sejalan dengan cetak biru ASEAN Political-Security Community (APSC) Tahun 2025,” ujar Cahyo R. Muzhar, Direktur Jenderal Administrasi Hukum Umum yang hadir selaku Ketua Delegasi Indonesia.
“Karenanya, negara di luar ASEAN perlu memiliki hubungan yang erat dengan negara-negara ASEAN sebelum mengaksesi Perjanjian MLA ASEAN, misalnya telah menjadi partner eksternal ASEAN,” lanjut Cahyo.
Meskipun ini merupakan pertemuan pertama, forum serupa yang diikuti oleh level pejabat tinggi masing-masing instansi Otoritas Pusat di lingkup ASEAN telah menghasilkan sejumlah kemajuan.
“Pertemuan Senior Officials' Meeting of the Central Authorities on Mutual Legal Assistance in Criminal Matters (SOM-MLAT) yang telah dilaksanakan pada tahun 2021 dan 2022 menghasilkan kemajuan, antara lain perlunya keseragaman dokumen permintaan MLA,” ujar Cahyo dalam butir intervensi Indonesia.
“Indonesia telah secara riil mendukung program ini dengan menjadi tuan rumah pertama kegiatan working group di Bali pada tanggal 16 dan 17 Maret 2023 dan menghasilkan format permintaan MLA se-ASEAN yang seragam,” sambung Cahyo.
Tidak hanya itu, Indonesia juga telah secara aktif berdiskusi dengan konsultan UNODC pada tanggal 6 November 2023 guna memberikan kontribusi nyata pada program penyeragaman dokumen permintaan MLA ini.
Keanggotaan penuh Indonesia pada FATF
Pertemuan juga dimanfaatkan oleh Delegasi Indonesia untuk mengumumkan status keanggotaan penuh Indonesia pada organisasi Financial Action Task Force (FATF). FATF merupakan organisasi internasional yang memuat sejumlah rekomendasi anti tindak pidana pencucian uang (TPPU) dan pendanaan terorisme (TPPT) yang diakui oleh dunia internasional.
“Keanggotaan penuh Indonesia pada FATF menandakan Indonesia telah beberapa langkah lebih maju dalam menerapkan rezim anti TPPU dan TPPT baik dari segi regulasi maupun implementasi,” tutup Cahyo.
Poland is the first EU country that will have an MLA Treaty with Indonesia
(Bali, 24-25 May 2023) The Government of Indonesia and the Government of Poland are negotiating a bilateral treaty on mutual legal assistance in criminal matters (MLA) in Bali, 24-25 May 2023. The negotiations aim at concluding an MLA treaty between Indonesia and Poland to maximize legal cooperation between countries. Poland is the first European Union country to become Indonesia's partner in MLA bilateral treaty.
The negotiations for this treaty are a continuation of the preliminary discussion on the treaty draft between RI and Poland in Warsaw in January 2023. In this negotiation, the Indonesian delegation consisting of representatives of relevant ministries/institutions includes the Coordinating Ministry for Political, Legal and Security Affairs, the Attorney General's Office, Police, KPK and the Ministry of Foreign Affairs, led by the Director General of General Legal Administration, Cahyo R. Muzhar and the Polish delegation led by the Director General of the Ministry of Justice, Mr. Radosław Płucisz.
These negotiations succeeded in agreeing on a number of issues, including the protection of personal data and types of assistance that could be provided reciprocally between Indonesia and Poland. This negotiation is expected to be completed through the signing of the MLA agreement this year.
Until now, many financial crimes have been recorded involving the two countries, so that the MLA Treaty will bind the commitment of the two countries to cooperate with each other in exchanging evidence and confiscating assets resulting from criminal acts.
The HEAD of the Bali Regional Office of the Ministry of Law and Human Rights together with the Bali High Prosecutor's Office, carried out an extradition effort against an Indian citizen, Vinay Mittal, 31, who is suspected of committing the crime of breaking into bank accounts in his country of more than Rp.4.12 trillion.
The head of the Bali Ministry of Law and Human Rights Regional Office, Maryoto Sumadi in Denpasar, Thursday (20/9), confirmed that Vinay Mittal was extradited after the Indonesian President granted the Indian Government's request in accordance with Decree No. 14 of 2018 dated June 4, 2018. "We have handed over Vinay Mittal to the Indian government and has been extradited using a Garuda Indonesia plane at 15:40 WITA," he said.
The extradition effort from Bali to the Indian government was witnessed by officials from the Ministry of Law and Human Rights, the Ministry of Foreign Affairs, the Indonesian Attorney General's Office, and Interpol. Meanwhile, Kajati Bali Amir Yanto confirmed that Vinay Mittal had been in detention for 610 days in Denpasar Class IIA Kerobokan Prison, from January 18, 2017 to September 20, 2018. 12 trillion more," he said. According to him, Vinay Mittal was arrested by the Bali Regional Police on January 18, 2017 and then thrown into the Kerobokan Prison on May 9, 2017, after being a fugitive from the Indian government in connection with his case. Before being handed over to the Indian government, the Head of the Kerobokan Prison, Tonny Nainggolan, handed over Vinay Mittal to the Bali High Prosecutor's Office, then handed it over to the Bali Ministry of Law and Human Rights Regional Office as the representative of the Indonesian Government, which was then accepted by the Indian Government.
Link: https://mediaindonesia.com/nusantara/185705/bobol-rekening-bank-rp412-triliun-wn-india-diekstradisi-dari-bali
Jakarta, Gatra.com - The Indonesian government extradited 2 foreign nationals namely Alex Go from the Philippines and Lim Thow Khai from Malaysia to the Government of the Republic of South Korea (South Korea).
The handover of the two foreign wagras was carried out at the Bali High Court (Kejati), Thursday (7/11). They were extradited to South Korea because when they were in the country they were involved in narcotics smuggling cases.
"When they were in Korea, they had smuggled and shipped 2,050.46 grams of narcotics, namely class I narcotics, the type of methamphetamine," said Deputy Head of the Bali High Prosecutor's Office, Didik Farkhan Alisyahdi, quoted from Antara.
Meanwhile, Director of the Center for International Law Authority (OPHI) Directorate General of General Legal Administration of the Ministry of Law and Human Rights (Ditjen AHU Kemenkumham), Tudiono, said the extradition of the two people was at the request of the South Korean government.
"The government of the Republic of Korea submitted the request for extradition, which was submitted based on the Extradition Treaty between the Republic of Indonesia and the Republic of Korea," said Tudiono.
According to him, the two foreigners were suspected of having committed a crime of bringing in narcotics class I, type I methamphetamine (methamphetamine) weighing 2050.46 grams into the territory of the Republic of Korea. The crime violates Article 58 of the Law of the Republic of Korea concerning the Control of Narcotics and Article 11 of the Law of the Republic of Korea concerning the Additional Law on Specific Crimes (Psychotropics).
The extradition was carried out after the two foreign nationals were successfully arrested by the Indonesian police after receiving an Interpol Red Notice at the request of the Republic of Korea Police.
Regarding the extradition process itself, the Director of the Central Authority and International Law, continued through Presidential Decrees (Kepres), namely Presidential Decree No. 21 of 2019 dated 26 July 2019 and Presidential Decree No. 19 of 2019 dated 26 July 2019 which granted the extradition request for the two foreigners, AG and LTK.
"The Minister of Law and Human Rights (Menkumham) implements the Presidential Decree in accordance with the provisions of the legislation," he said.
This approval was followed up through a coordination meeting between ministries and agencies on Wednesday, September 25, 2019, the results of which were agreed by the Indonesian government to submit the AG and LTK on November 7, 2019 at the Bali High Court at around 15.00 WITA. "The time and place have been approved by the Government of the Republic of Korea," he said.
The extradition was attended and witnessed by representatives of ministries and institutions related to the handling of extradition of AG and LTK in Indonesia, including the Deputy of the Bali High Court, Didik Farkhan Alisyahdi, along with representatives of the Government of the Republic of Korea. The Director of the Central Authority and International Law, the Directorate General of AHU, is the representative of the Government of the Republic of Indonesia in carrying out the extradition.
The implementation of the extradition went smoothly and successfully thanks to the excellent support, cooperation and synergy from various relevant ministries and institutions.
Didik explained that during the extradition process the two defendants had been detained for 849 days from 11 July 2017 to 7 November 2019.
"For the criminal acts suspected by Alex Go and Lim Thow Khai, there are types of criminal acts that can be extradited as stated in the attachment of Law No. 1 of 1979 on Extradition," said Didik.
He explained that through the presidential decree for a Filipino citizen, namely Alex Go, in accordance with Presidential Decree No. 21 of 2019, while for Malaysians, Lim Thow Kai in the Presidential Decree No. 19 of 2019, and both are the same time, namely on July 26, 2019.
"Their arrival to Bali, perhaps with a holiday visa, yes, and so far they have been detained in the Kerobokan Prison," he said.
"They are already being processed there, both of them, together are a narcotics trafficker network in Korea," he continued.
It hopes that the arrival of foreigners is indeed for a vacation. "We can't prevent them from vacationing because Bali is a tourist place, Bali has become a world destination, so if in the future at least there is a red notice, we must immediately make the arrest and process it if there is an extradition request," explained Didik.
In addition, the representative of the Consulate of the South Korean Embassy, Jeong Jicheon through his translator, said that in South Korea the punishment for carrying 2,050.46 grams is a minimum of 7 years and a maximum of 30 years in prison.
"2,050.46 grams costs around Rp. 60 billion, and several months ago foreigners were also involved in narcotics and the punishment was also large," said Jeong Jicheon through his translator.
President of the Republic of Indonesia through Presidential Decree No. 20 of 2019 granted the extradition request submitted by the Hong Kong Government for a French citizen named Mathias Hubert Marie Echene (Echene).
Director of the Central Authority and International Law (OPHI) of the Directorate General of General Legal Administration (Ditjen AHU) of the Ministry of Law and Human Rights, Tudiono, revealed that Echene is a suspect in a crime related to property management which is known or believed to be the result of a criminal act as regulated in the Act. Hong Kong in particular regarding the Organized and Serious Crimes Ordinance.
"The extradition request was submitted based on the Treaty between the Government of the Republic of Indonesia and the Government of Hong Kong for the Handover of Runaway Lawbreakers," he said in an official statement, Jakarta, Monday (16/9/2019).
The extradition on behalf of Echene to the Hong Kong Government took place at the Bali High Court on Thursday (12/9/2019) at around 13.00 WITA. Acting as the representative of the Government of the Republic of Indonesia was the Director of OPHI of the Directorate General of AHU of the Ministry of Law and Human Rights, Tudiono, himself witnessed by the ministries/agencies related to the handling of extradition and representatives from the Hong Kong Government.
"This handover shows a high commitment from the Government of Indonesia to actively participate in eradicating transnational crimes through international cooperation in the field of extradition, including with the Hong Kong Government," said Tudiono.
For your information, the smooth handling of extradition requests is the result of collaboration between the relevant ministries/institutions, namely the Indonesian Ministry of Foreign Affairs, the Indonesian Attorney General's Office, the Indonesian National Police and the Indonesian Ministry of State Secretariat coordinated by the Indonesian Ministry of Law and Human Rights.
Minister of Law and Human Rights Yasonna Laoly and a delegation from the Indonesian government will bring home Maria Lumowa, a fugitive from the Serbian bank BNI burglar. Yasonna said that the success of completing the extradition process cannot be separated from legal diplomacy and good relations between the two countries. "I am pleased to announce that we have officially completed the handing over process for the surrender of the fugitive on behalf of Maria Pauline Lumowa from the Serbian government," Yasonna said in a written statement, Thursday, July 9, 2020. Yasonna Laoly said that Maria Lumowa's repatriation had been disrupted. He said there was a legal effort from Maria to escape the extradition process. In addition, said Yasonna, there are also efforts from one European country to prevent extradition from happening.
Indonesia and Serbia are not yet bound by an extradition treaty. "However, through a high-level approach with senior Serbian government officials and given the very good relations between the two countries, Maria Pauline Lumowa's extradition request was granted," Yasonna said. The woman who was born in Paleloan, North Sulawesi, was later discovered to be in the Netherlands in 2009 and often goes back and forth to Singapore. The Indonesian government had twice proposed an extradition process to the Kingdom of the Netherlands in 2010 and 2014 because Maria Lumowa had been a Dutch citizen since 1979. But the request was rejected. The Netherlands gave the option for Maria Lumowa to be tried there. Law enforcement efforts entered a new chapter when Maria Lumowa was arrested by NBC Interpol Serbia at Nikola Tesla International Airport, Serbia on July 16, 2019. Yasonna Laoly said the arrests were made based on an Interpol red notice issued December 22, 2003. "With the completion of this extradition process, the long journey of 17 years in pursuit of fugitive Maria Pauline Lumowa ends," said Yasonna.
Source: https://nasional.tempo.co/read/1363027/kata-yasonna-ada-negara-eropa-yang-cegah-ekstradisi-maria-lumowa
Minister of Law and Human Rights Yasonna Laoly and a delegation from the Indonesian government will bring home Maria Lumowa, a fugitive from the Serbian bank BNI burglar. Yasonna said that the success of completing the extradition process cannot be separated from legal diplomacy and good relations between the two countries.
"I am pleased to announce that we have officially completed the handing over process for the surrender of the fugitive on behalf of Maria Pauline Lumowa from the Serbian government," Yasonna said in a written statement, Thursday, July 9, 2020.
Yasonna Laoly said that Maria Lumowa's repatriation had been disrupted. He said there was a legal effort from Maria to escape the extradition process. In addition, said Yasonna, there are also efforts from one European country to prevent extradition from happening.
Indonesia and Serbia are not yet bound by an extradition treaty. "However, through a high-level approach with senior Serbian government officials and given the very good relations between the two countries, Maria Pauline Lumowa's extradition request was granted," Yasonna said.
The woman who was born in Paleloan, North Sulawesi, was later discovered to be in the Netherlands in 2009 and often goes back and forth to Singapore. The Indonesian government had twice proposed an extradition process to the Kingdom of the Netherlands in 2010 and 2014 because Maria Lumowa had been a Dutch citizen since 1979.
But the request was rejected. The Netherlands gave the option for Maria Lumowa to be tried there. Law enforcement efforts entered a new chapter when Maria Lumowa was arrested by NBC Interpol Serbia at Nikola Tesla International Airport, Serbia on July 16, 2019.
Yasonna Laoly said the arrests were made based on an Interpol red notice issued December 22, 2003. "With the completion of this extradition process, the long journey of 17 years in pursuit of fugitive Maria Pauline Lumowa ends," said Yasonna.
The Ministry of Environment and Forestry's (KLHK) Director General of Law Enforcement Rasio Rido Sani explained that the implementation of the Mutual Legal Assistance (MLA) system in Indonesia would make it easier to handle cases where the perpetrators were foreigners.
"We will develop law enforcement with an MLA mechanism for other cases, such as transnational crimes that are not only related to animals but also illegal logging of wood and waste, the existence of MLA is history in law enforcement," said Rido Sani, at the Bali Police Headquarters.
Rasio said, in the handling of foreigners from the Netherlands who were arrested some time ago for being involved in the trade in goods made from protected animals in Indonesia, they were handled through the MLA system.
The trade in handicrafts made from the bodies or skins of protected animals, such as the skulls of deer pigs, crocodile skulls, turtle skulls, lizard skins, python skins and many others.
Mutual Legal Assistance is a mechanism in providing legal assistance, both in the collection and submission of evidence by one law enforcement officer from one country to another in response to requests for assistance.
He said, with the MLA between the Indonesian government and the Dutch government, it became an interesting process in its development. Natural resource crimes, including illegal activities involving cross-border animal trade, must be handled together.
"So this is a historic moment because it was the first time it was implemented in handling this case, through the MLA which was agreed by the Indonesian government, in this case, the Ministry of Law and Human Rights and also the Dutch government," he explained.
In handling cases of trade in goods made from endangered species on the Indonesian-Dutch network, Rido Sani stated that he is collaborating between law enforcement agencies in Indonesia and also collaboration with law enforcement officers in the Netherlands.
"We can complete the handling of this case and also be a signal to other criminals in foreign countries that the Indonesian government will not stop fighting crimes related to natural resources, especially activities related to the illegal trade in protected animals," he said. .
In addition, he hopes that the MLA can break the chain of trade syndicates for handicrafts made from endangered species animals in Indonesia.
Source: https://pemilu.antaranews.com/berita/1010984/rasio-sistem-mla-percepat-tangani-pelaku-pelaku-wna
Including tracking the whereabouts of people and assets suspected of being related to criminal acts.
Switzerland is often considered as one of the safest places to store assets resulting from crimes from other countries, including Indonesia. This assumption now deserves to be questioned because Indonesia and Switzerland have reached a treaty on mutual legal assistance.
The two countries have agreed on the Mutual Legal Assistance Treaty at the end of last August 2017. There are a number of provisions that have been agreed upon in the negotiation process for representatives of the two countries. The MLA Treaty is believed to be beneficial for Indonesia, especially in narrowing the space for criminals who want to hide the proceeds of their crimes abroad.
Director of the Central Authority and International Law of the Ministry of Law and Human Rights, Cahyo R. Muzhar, in 2017 assessed that this Treaty was a positive breakthrough in law enforcement in Indonesia and cooperation between the two countries. The Chief Negotiator for Indonesia said that with the MLA Treaty, Indonesia and Switzerland could exchange information regarding alleged criminal acts committed by certain people and related to the two countries.
This Treaty also serves as a warning to corruptors, tax evaders, and narcotics syndicates not to hide funds suspected of proceeds from crimes to Switzerland. With this Treaty, there is a solution to the problem of jurisdiction in law enforcement. Indonesian law enforcement officers have easier access to information about the escape of criminal assets to Switzerland.
"(MLA) can be used for the legal process of investigation, prosecution, until the execution of decisions that have permanent legal force. Investigations can include witness statements, locate individual’s whereabouts, tracing if there are assets in the form of moveable assets, houses, land and others which can use the MLA," said Cahyo to Hukumonline when met at his office.
In the MLA, it is stated that Indonesia can request Switzerland for assistance in carrying out coercive measures against perpetrators of crimes such as searches, freeze accounts, or opening suspected bank accounts. For other non-coercive measures, Indonesia can also request data on a list of companies suspected of being linked to money laundering. However, it should be noted that this cooperation does not include extradition and corporal punishment of perpetrators of criminal acts.
Based on information obtained by Hukumonline, there are 11 points of cooperation that have been agreed. MLA includes actions to assist in presenting witnesses in foreign jurisdiction; request documents, records, and evidence; handling of objects and assets for the purpose of confiscation or return of assets; provide information relating to a criminal act; locate the whereabouts of a person and his assets; trace for the location and data of a person and his assets, including checking internet sites associated with that person. In addition, tracking, freezing, confiscation of proceeds and tools used in committing criminal acts; request documents related to a criminal act; detain someone for interrogation and confrontation (with witnesses/other evidence); summon witnesses and experts to give statements; as well as providing other assistance in accordance with the treaty which is not against the law of the requested country.
Cahyo hopes that this MLA treaty can be implemented by Indonesian law enforcement agencies as well as possible. Moreover, the process towards a Treaty between the two countries has taken a long time, since 2008. After several bilateral meetings, Switzerland finally agreed the treaty on mutual assistance in criminal matters.
"With them opening or accepting or agreeing (with MLA) I think the beginning is a good faith from Switzerland to cooperate with us and hopefully this can be implemented optimally by our law enforcement," said Cahyo.
Why Switzerland?
In 2015 there was a scandal that shocked the country and shocked the banking world. An international bank is known to set up accounts in Switzerland for the benefit of international crimes, businessmen, politicians and celebrities whose aim is to avoid paying taxes. Switzerland has long been known as a country with a very strict banking secrecy system.
When asked why he chose Switzerland in this treaty, Cahyo had a similar reason. "Because there are quite a lot of cases in which the proceeds of the crime are suspected to be in Switzerland," said Cahyo.
According to Cahyo, Switzerland is one of the countries where various financial centers of the world are located, including banks or various companies that offer and provide investment services. “Also, the people may say that this is a place where corruptors put their money. It's not that I'm defending Switzerland, but Switzerland also has an interest," he explained.
Even so, Cahyo is reluctant to accuse a country of being a place for corruptors to launder money without having initial data. Moreover, developed countries have their own rules which are sometimes not in accordance with the wishes of other countries to disclose data regarding oil and gas a transnational crime. Certain countries have grounds for refusing the request in question. "Why are we with Switzerland because it is suspected that many people keep their money in Switzerland, (that is) one of them," he concluded.
The MLA treaty, said Cahyo, is a positive step for the government because Switzerland is one of the countries that are members of the European Union. He hopes that this is an entry point for Indonesia to open similar cooperation with other countries. In the future, there are at least two countries that are targeted by the government to make the same treaty, namely Russia and France.
“It is on our list that we will negotiate with Russia. We have exchanged drafts. We also have an internal discussion in France, maybe at the end of this year we will have an internal meeting first, so we can get to know each other," he added.
Head of the Sub-directorate of Mutual Assistance in Criminal Matters at the Ministry of Law and Human Rights, Sumarsono, added that apart from Switzerland, his party had also made treaties with other Asian countries, such as Hong Kong, Iran, India and China. Meanwhile, cooperation with Japan is in the form of reciprocity. There is one international narcotics case related to the Sakura country.
"We also went to Japan, studied the case, how Japan studied this case. This means that a request is not only released, but also escorted, we have discussions, and coincidentally Japan has a need with us, there is a return visit, we are still coordinating continuously, we get shipments from Japan, some of the data we ask for, "explained Sumarsono.
Cross-agency delegation
The Ministry of Law and Human Rights is not alone in making this treaty. There are a number of related Ministries/Institutions that are also involved in the treaty, such as the Attorney General's Office, the Police, BNN, the Directorate General of Taxes as law enforcement officers, PPATK as financial transaction analyst, the Ministry of Finance which is the state treasurer and also the Ministry of Foreign Affairs. Meanwhile, Switzerland is only represented by the local Ministry of Justice.
“I want all stakeholders, as broadly as possible, even though it may be related to a small but on board. We have to start learning, Indonesia is one, it cannot be divided," he said.
At least 15 people participated in the negotiation process. In addition to Cahyo as Chief Negotiator, there are also the names of Linggawaty Hakim (Ambassador of the LBBP RI to the Swiss and Liechtenstein Confederations), Ricky Suhendar (Director of Law and Political and Security Agreements, Ministry of Foreign Affairs), Rokhmad Sunanto (Director of Money Laundering, National National Narcotics), Desy Meutia Firdaus (Head of Sub-Directorate of Corruption Crimes, Jampidsus, Attorney General's Office).
Furthermore, Sumarsono (Head of Sub-Directorate of Mutual Assistance in Criminal Matters, Ministry of Law and Human Rights), Indra Rosandry (Head of Sub-Directorate of Law and Law Enforcement Cooperation, Ministry of Foreign Affairs), Fithriadi Muslim (Head of Legislation Group, Center for Financial Transaction Reports and Analysis), Andi Eva Nurliani (Head of Reciprocal Aid Handling in Criminal Matters, Ministry of Law and Human Rights), and Dodi Darjanto (Head of International Legal Aid Subdivision, Divhubinter POLRI), Teguh Widodo (Head of Investigation Section I, Directorate General of Taxes, Ministry of Finance).
Other members of the Delegation are Dina Juliani (Analyst for Legal Aid Advisory, Ministry of Law and Human Rights), Evren Gilbert (Analyst for Legal Aid Considerations, Ministry of Law and Human Rights), Alfiani Safitri (Analyst for Legal Aid Considerations, Ministry of Law and Human Rights), Yudhi Y. Saroja (Staff of the International Crime Division, Divhubinter POLRI) , S.F. Aritonang (Investigator at the Directorate of Money Laundering, National Narcotics Agency), Timbul Situmorang (Coordinator for Political Functions, Indonesian Embassy in Bern), and Adkhilni M. Sidqi (Secretary III, Indonesian Embassy in Bern, Switzerland).
Minister of Law and Human Rights, Yasonna Laoly, signed the MLA Treaty with the Government of the Russian Federation in Moscow last Friday, December 13, 2019. MLA Treaty is a mutual legal assistance treaty between the two countries. The signing of the MLA Treaty is in line with the direction and commitment of President Joko Widodo in eradicating and preventing corruption and asset recovery. "We hope that the full support of the Indonesian House of Representatives will soon ratify so that this Treaty can be promptly implemented by law enforcers and other relevant agencies," Yasonna said in a written statement. The MLA Treaty between Indonesia and Russia contains 23 articles, including regulating legal assistance regarding freezing, confiscation, detention, and confiscation of assets resulting from crimes. "This broad scope of mutual legal assistance is an important part in supporting the criminal law process in the requesting country." The Treaty with Russia is the 11th MLA signed by the Government of Indonesia. Previously, MLA treaty were held with ASEAN, Australia, Hong Kong, China, South Korea, India, Vietnam, United Arab Emirates, Iran and Switzerland. The MLA Treaty between Indonesia and Russia was concluded through two years of negotiations led by the Director General of General Legal Administration of the Indonesian Ministry of Law and Human Rights, Cahyo R. Muzhar. Indonesia and Russia are also scheduled to sign an extradition treaty, Memorandum of Cooperation (MoC), and Visa Simplification Agreements in early 2020 during President Vladimir Putin's visit to Jakarta. According to Yasonna, the Indonesia-Russia MLA Treaty is an extraordinary achievement of mutual legal assistance cooperation and a very important diplomatic success, considering that diplomatic relations between the two countries have a long history and run for almost 70 years. Russia is one of the most influential countries in the world, both politically and economically. Recently, Russia has become a destination for coffee and fruit exports from Indonesia. In addition, in 2018 Indonesia exported fast boats produced by Banyuwangi to Russia. The value of Russian investment in Indonesia has also increased, which was marked by the signing of 13 memorandum of understanding of business players from Russia and Indonesia on August 1, 2019. Likewise, in the tourism sector. Tourist visits continue to increase both from Russia to Indonesia and vice versa. So cooperation between the two countries in various fields, Yasonna argues, is important to improve, including cooperation in the legal field. "On behalf of the Indonesian government, we express our highest gratitude and appreciation to the Russian government for helping and facilitating the realization of the MLA Treaty," said Yasonna.
Source: https://national.tempo.co/read/1283700/percepatan-mla-indonesia-russia-signed
Jakarta, Indonesia - The Treaty on Mutual Legal Assistance (MLA) in Criminal Matters between the Republic of Indonesia and The Swiss Confederation has officially entered into force on Tuesday (14/09/2021). This Treaty takes effect after the two countries have completed their respective internal processes.
This treaty was signed by the Indonesian Minister of Law and Human Rights, Yasonna H. Laoly and the Swiss Minister of Justice, Karin Keller-Sutter in Bern, Switzerland on February 4, 2019. Indonesia has completed its ratification process through Law no. 5 of 2020 concerning Ratification of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Indonesia and the Swiss Confederation. Meanwhile, Switzerland has completed its internal process in July 2021. The two parties further notify the completion of the process through the exchange of diplomatic notes.
The enforcement of the RI-Swiss MLA Treaty is a very significant achievement, considering that Switzerland is the world's financial center. This treaty is Indonesia’s first MLA Treaty with a European country so that it will open up opportunities for the conclusion of an MLA Treaty with other strategic countries in the region.
This Treaty regulates legal aid cooperation which is expected to strengthen the tracking, freezing, confiscation and confiscation of assets as the proceeds of crimes. This broad scope of MLA is an important part in supporting the criminal law process in the requesting country.
In line with that, this MLA Treaty can also be used to combat crimes in the fiscal sector, including tax fraud as an effort by the Indonesian government to ensure that Indonesian citizens or legal entities comply with Indonesian tax regulations, and do not commit tax evasion crimes or other tax crimes.
Another important aspect of the RI-Swiss MLA Treaty is the retroactive principle that allows requests for mutual legal assistance for criminal acts whose legal process begins before the entry into force of this treaty. Its implementation will benefit the Government of the Republic of Indonesia to more optimally recover assets or state losses from the proceeds of crimes placed in Switzerland.
Source: https://kemlu.go.id/portal/id/read/2922/berita/percepatan-about-bantuan- Hukum-timbal-balik-antara-indonesia-dan-swiss-resmi-berlaku
The fugitive suspect in the burglary of Bank BNI, MPL, was extradited from Serbia and is scheduled to arrive in Indonesia on Thursday (9/7/2020) morning. After 17 years on the run, MPL, who is one of the suspects in the burglary of Bank BNI in the Kebayoran Baru Branch amounting Rp. 1.7 trillion through a fictitious letter of credit (L/C), was extradited back to the country. (KOMPAS TV/ARSIP KEMENKUMHAM)
The fugitive suspect in the burglary of Bank BNI, MPL, was extradited from Serbia and is scheduled to arrive in Indonesia on Thursday (9/7/2020) morning. After 17 years on the run, MPL, who is one of the suspects in the burglary of Bank BNI in the Kebayoran Baru Branch amounting Rp. 1.7 trillion through a fictitious letter of credit (L/C), was extradited back to the country. (KOMPAS TV/ARSIP KEMENKUMHAM)
Indonesian Minister of Law and Human Rights (Menkumham), Yasonna H. Laoly, signed the Mutual Legal Assistance (MLA) Treaty with the Swiss Minister of Justice, Karin Keller-Sutter after going through two rounds of negotiations, in Bali and in Bern, Switzerland, which was held at the Bernerhof Bern, Monday (4/2) local time. Reporting from Antara, the Pensosbud of the Indonesian Embassy in Bern said the Treaty, which consists of 39 articles, among others, regulates legal assistance regarding tracking, freezing, confiscation and confiscation of assets resulting from crimes.
Minister Yasonna stated that the MLA Treaty could be the legal basis to combat tax fraud. "This Treaty is part of the Indonesian government's efforts to ensure that Indonesian citizens or legal entities comply with Indonesian tax regulations and do not commit crimes of tax evasion or other tax crimes," said the Minister of Law and Human Rights. At the proposal from Indonesia, the Treaty implements retroactive principle. This principle makes it possible to combat criminal acts which have been committed before the entry into force of the Treaty as long as the court's decision has not been implemented.
This is very important in order to combat crimes committed before this Treaty entry into force. Indonesian Ambassador to Bern Muliaman D. Hadad accompanying the Minister at the signing ceremony stated that the MLA Treaty between Indonesia and Swiss was an extraordinary achievement of mutual criminal assistance cooperation. He said the signing of the MLA Treaty is the achievement of the bilateral cooperation in the economic, social and cultural fields between Indonesia and Swiss, which had been well established so far.
The signing of the MLA Treaty is in line with Nawacita program, and President Jokowi's directives on various occasions, including the commemoration of World Anti-Corruption Day 2018, where the President emphasized the importance of this treaty as a working platform the law, especially in the government's efforts to eradicate corruption and return assets resulting from corruption crimes (asset recovery). The MLA Treaty between Indonesia and Swiss is the 10th MLA treaty signed by the Government of Indonesia (ASEAN, Australia, Hong Kong, China, Republic of Korea, India, Vietnam, UAE, and Iran), and for Switzerland it is the 14th MLA treaty with non-Indonesian countries. Europe. (Ant/OL-6)
Source: https://mediaindonesia.com/politik-dan-hukum/214950/indonesia-tandatangani-perjanjian-mla-dengan-swiss
Directorate of Central Authority and International Law, Ministry of Law and Human Rights in collaboration with International Institute of Justice (IIJ) and the US Government held Global Central Authorities (CA) Initiative: South East Asia Regional Workshop as a CA forum on MLA to develop a number of MLA and Extradition mechanisms for optimizing CAs in ASEAN, by exchanging best practices with dialogue partner countries (8-9 May 2017).
Directorate of Central Authority and International Law, Ministry of Law and Human Rights in collaboration with International Institute of Justice (IIJ) and the US Government held Global Central Authorities (CA) Initiative: South East Asia Regional Workshop as a CA forum on MLA to develop a number of MLA and Extradition mechanisms for optimizing CAs in ASEAN, by exchanging best practices with dialogue partner countries (8-9 May 2017).