MLA Request to Indonesia
Mutual legal assistance in criminal matters in Indonesia is implemented based on treaties. In the absence of treaties, mutual legal assistance 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, and
- Government of Indonesia will take into consideration of any assistance record.
In order to ensure that the requests of mutual legal assistance are executed efficiently, it is imperative for the Central Authority of Requesting Country to be attentive on the following notes when submitting MLA request to the Government of Indonesia:
- Law enforcement agency proposing request of legal assistance may need to consult with Central Authority of Requesting Country in submitting the request.
- Having due regard of the compatibility of the request and proportionalityof the crime with the relevant Indonesian laws.
- Indicate mechanism being used to propose request of assistance or provide undertaking of reciprocity.
- Stating the law enforcement institution requesting the assistance and its legal basis in accordance with the law of the requesting state.
- Explain case summary pertaining to the legal assistance request and applicable criminal law to the case in which the assistance is being sought and the sanctions.
- Identify assistance being requested and its confidentiality.
- Declare the undertaking to comply other requirement and on the use of evidence.
- Government of Indonesia will also require that following assurance and undertaking from requesting countries when any MLA request is transmitted to the Central Authority:
- MLA request is not related with investigation or prosecution of a person, that had it been occurred in Indonesia, it would have constituted an offence under military law in Indonesia;
- MLA request is not made for the purpose of prosecuting and investigation or otherwise causing bias prejudice to a person on account that person’s colour, race, origin of ethnic, sex, religion, nationality or political preferences;
- Unless Attorney General of Republic of Indonesia provides consents otherwise, any evidence obtained pursuant to the MLA request will not be used for the purpose of matter other than criminal matter in respect which the request was made;
- Should Attorney General require the return of any evidence obtained pursuant to the MLA request at the conclusion of the criminal proceeding and all consequential appeals, the evidence will be returned to the Attorney General of Republic of Indonesia. Should the evidence will be used for the purpose of matter other than criminal matter in respect which the request was made, the Requesting Country shall request for approval to Central Authority of the Republic of Indonesia prior the utilization.
- Describe time urgency and provide contacts.
Any country may submit MLA request to Indonesia either be delivered directly or transmitted through diplomatic channels. The flowchart of MLA request execution conveyed by the Central Authority of Foreign Country to Indonesian Central Authority is depicted in the following:
Notes:
- Submission of Mutual Legal Assistance Request to Indonesian Central Authority
- Request is assessed and request letter drafted
- Request letter transmitted, coordinated and monitored
- Fulfillment of assistance request from Indonesia and feedback from Requesting Country