Foreign Nationals and Criminal Law Enforcement in Indonesia: A Comprehensive Analysis

Legal Literacy - Indonesia, as a state of law, applies fair and firm laws to everyone within its territory, including foreign nationals. When a person is in Indonesia, they must comply with the laws and regulations in force in this country, regardless of their nationality. This article will discuss in depth how foreign nationals can be criminally charged in Indonesia, including the principles of jurisdiction, legal processes, special cases, and the protection of rights granted to foreign nationals during the judicial process.

Principles of Jurisdiction in Law Enforcement

1. Territorial Jurisdiction

Indonesia applies the principle of territorial jurisdiction, which means that Indonesian law applies to all criminal acts that occur within its territory. This principle is the main basis in enforcement criminal law against foreign nationals. If a foreign national commits a criminal act in Indonesia, they will be subject to Indonesian law, just like Indonesian citizens. The legal basis is found in Article 2 and Article 3 of the Criminal Code (KUHP):

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• Article 2 of the Criminal Code: States that Indonesian criminal law applies to everyone who commits a criminal act in the territory of Indonesia.
• Article 3 of the Criminal Code: States that Indonesian criminal law applies to every criminal act committed on board a ship or aircraft bearing the Indonesian flag.

2. Extraterritorial Jurisdiction

In addition to territorial jurisdiction, Indonesia also has extraterritorial jurisdiction in certain cases. This means that Indonesia can enforce laws against criminal acts committed by or against Indonesian citizens abroad. This jurisdiction is usually applied based on international agreements or generally recognized principles of international law. The legal basis is found in Article 4 and Article 5 of the Criminal Code:

• Article 4 of the Criminal Code: States that Indonesian criminal law applies to certain criminal acts committed outside Indonesian territory, such as criminal acts against state security and counterfeiting.
• Article 5 of the Criminal Code: States that Indonesian criminal law applies to certain criminal acts committed by Indonesian citizens abroad, such as corruption and human trafficking.

Legal Process for Foreign Nationals

1. Arrest and Detention

If a foreign national is suspected of committing a criminal act in Indonesia, they can be arrested and detained by the police. The arrest and detention process must follow applicable legal procedures to ensure that the rights of the suspect are protected. The police are obliged to provide information to the embassy or consulate of the foreign national's country of origin who was arrested. This process is regulated in the Criminal Procedure Code (KUHAP):

• Article 18 of the KUHAP: States that an arrest can only be made based on a written order from an authorized official and must be accompanied by a clear reason.
• Article 20 of the KUHAP: States that within 1x24 hours after the arrest, the police are obliged to notify the arrest to the suspect's family or people living in the same house as the suspect.