Extradition Request to Indonesia
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.
- 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