MLA Request from Indonesia
MLA request is generally implemented based on treaties. In the absence of treaties, MLA request may still be granted on the basis of international relation and the principles of reciprocity.
In order to ensure that MLA request executed in efficiently, it is imperative for the competent authority to be attentive on following notes when proposing submission of MLA request to Ministry of Law and Human Rights of the Republic of Indonesia:
- Law enforcement agency proposing MLA request may need to consult with Ministry of Law and Human Rights of the Republic of Indonesia 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.
- 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.
- Describe time urgency and provide contacts.
The flowchart of MLA request execution conveyed by Indonesian Central Authority to the Central Authority of Foreign Country to is depicted in the following:
- Submission of Mutual Legal Assistance Request Proposal from Competent Authorities to Indonesian Central Authority
- Assessment and Drafting of the Mutual Legal Assistance Request
- Submission of Request to Requested Country, Coordination and Monitoring of Mutual Legal Assistance Request
- Fulfillment of Mutual Legal Assistance Request from Requested Country and Feedback