Although several international principles in extradition are mentioned in Law No. 1 of 1979 concerning Extradition, this Law in Indonesia needs to add some more substance regarding extradition arrangements, such as accelerating the surrender or extradition procedure and simplifying evidence as applied in Article 8 UNTOC and Article 12 UNTOC, that punishment should apply to citizens, the requested country.

Some examples of international agreements governing extradition include, for example, the bilateral agreement between Indonesia and Malaysia in the Article Extradition Treaty between Indonesia and Malaysia, Article VIII Extradition Treaty between Indonesia and the Philippines, the multilateral agreement with the European Convention on Extradition, the United Nations Model Treaty on Extradition. Regional agreements such as the Model ASEAN Extradition Treaty.

Examples of extradition cases that have been carried out by Indonesia

With the Extradition Treaty between Indonesia and Australia signed on April 22, 1992, which has been ratified and enacted by the Indonesian government through Law Number 8 of 1994, the Australian Government succeeded in extraditing the perpetrator of the Indonesian corruption crime, Adrian Kiki, who was sentenced to life imprisonment on July 2, 2003, who fled during the legal appeal examination process at the DKI Jakarta High Court.

Adrian Kiki was found guilty of the criminal act of corruption of Bank Indonesia Liquidity Assistance, the Jakarta District Court sentenced Adrian Kiki in absentia and sentenced him to life imprisonment. However, he fled to Australia. At the request for extradition made by Indonesia on September 28, 2005, Australia in December 2010, approved the extradition request requested by Indonesia so that Adrian Kiki could serve his sentence and be executed according to Indonesian criminal law.

However, in Australia there is a rule that extradition must go through Judicial Review or appeal. So Adrian Kiki filed an appeal to the Parth Federal Court, and the Parth Federal Court approved Adrian Kiki's appeal. The Australian Government rejected the appeal decision and continued to appeal to the High Court of Australia. Until finally the Australian High Court overturned Adrian Kiki's appeal decision and agreed with the Australian Government to extradite Adrian Kiki to Indonesia.

The case is interesting and if you pay attention, it turns out that the surrender or extradition is not necessarily easy and can be done immediately, there needs to be a cooperation agreement first between the government of the requesting country and the requested country, and must meet a number of extradition regulations in the requested country. However, because Indonesia and Australia have an extradition agreement as a valid legality reason for carrying out extradition, Adrian Kiki's extradition could finally be carried out by the Australian government with the support of the High Court of Australia to Indonesia to serve his criminal sentence.

The case is interesting and if you pay attention, it turns out that the surrender or extradition is not necessarily easy and can be done immediately, there needs to be a cooperation agreement first between the government of the requesting country and the requested country, and must meet a number of extradition regulations in the requested country. However, because Indonesia and Australia have an extradition agreement as a valid legality reason for carrying out extradition, Adrian Kiki's extradition could finally be carried out by the Australian government with the support of the High Court of Australia to Indonesia to serve his criminal sentence.

References

Waryenti, Deli 2012. Extradition and Some of its Problems. Fiat Justitia Journal of Law Volume 5 No. 2
I Wayan Parthiana, 2009, Extradition in Law Modern International, Yrama Widya, Bandung, pp. 39-43.
Anis Widyawati, 2014, International Criminal Law, Sinar Grafika, Jakarta, pp. 173-174.
*This article represents the personal opinion of the author and does not represent the views of the editors Legal Literacy Indonesia.