Best Extradition Lawyers in Bandung

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Queen Law Firm

Queen Law Firm

15 minutes Free Consultation
Bandung, Indonesia

Founded in 2013
English
Chinese
Indonesian
Queen Law Firm traces its history to 2013 and operates from three offices in Indonesia: Jakarta, Bandung and Bali, enabling nationwide coverage for commercial and personal legal matters. The firm supports business clients with practical, results-oriented advice across corporate and civil matters,...
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1. About Extradition Law in Bandung, Indonesia

Extradition in Bandung follows Indonesia's national framework for surrendering fugitives to foreign jurisdictions under international treaties and domestic law. Bandung residents facing extradition matters are typically dealing with a national process, not a local Bandung court decision. The key actors are national ministries, the President, and competent Indonesian courts under existing treaties and statutory law.

The legal landscape combines international treaty obligations with Indonesian criminal procedure rules. Authorities assess requests for extradition based on treaty provisions, statutory requirements, and procedural safeguards. The process can include detainee rights, defense representation, and possible appeals at multiple stages. Understanding these steps helps individuals in Bandung navigate complex cross border criminal cooperation.

For Bandung residents, the practical impact is that extradition decisions are made at the national level, not by a local municipal authority. Local police may assist with provisional measures or monitoring as part of a broader international case, under guidance from national agencies. Effective legal counsel can clarify which treaties apply and what procedural options exist in Bandung and beyond.

2. Why You May Need a Lawyer

Extradition cases raise technical questions about treaties, timing, and rights that benefit from skilled legal guidance. A Bandung based attorney can tailor strategy to the specifics of Indonesian law and international cooperation agreements.

  • A fugitive in Bandung faces an extradition request from a country with which Indonesia has a treaty, and you need to assess whether the request meets treaty criteria and domestic requirements.
  • You are the subject of a provisional arrest under an extradition request and require urgent constitutional or procedural protections during detention.
  • A potential defense exists regarding double jeopardy, statute of limitations, or political offense clauses as applied to an international request.
  • The requesting country seeks a surrender upon a non final conviction or on charges that require specific evidentiary standards under Indonesian procedure.
  • You need to challenge the scope of the extradition or argue for selective charges that may avoid full surrender or reduce exposure.
  • You require guidance on ensuring proper notification, translation, and access to counsel during interviews or hearings abroad referencing Bandung residents.

Concrete, real world considerations in Bandung include ensuring that rights under Indonesian law are preserved, including access to counsel, timely hearings, and compliance with any Indonesian constitutional protections. A lawyer can coordinate with national agencies and local authorities to manage timelines and ensure procedural properness throughout the process.

3. Local Laws Overview

Indonesia regulates extradition primarily through national statutes and international treaties. In Bandung, as in other cities, the same laws apply, and procedures are carried out by national institutions in Jakarta or other capitals, with Bandung based legal counsel coordinating actions on the ground.

Undang-Undang Nomor 1 Tahun 1979 tentang Ekstradisi governs the framework for extradition requests and surrender procedures. The law sets conditions under which Indonesia may extradite a person and the requirements the requesting state must meet. It remains a core reference for cross border requests and is cited in treaty based proceedings.

Undang-Undang Nomor 1 Tahun 1979 tentang Ekstradisi provides the statutory basis for surrendering individuals in response to international requests under treaty terms.

Undang-Undang Nomor 24 Tahun 2000 tentang Perjanjian Internasional outlines how Indonesia handles international treaties, including extradition treaties with foreign states. The act requires proper ratification and alignment with national law before treaties guide surrender decisions.

Perjanjian Internasional law governs how Indonesia accepts, processes and implements extradition treaties with other countries, including safeguards for the rights of the person subject to surrender.

Kitab Undang-Undang Hukum Acara Pidana (KUHAP) - Ketentuan Umum tentang Prosedur Peradilan Pidana (Law No. 8 of 1981) provides general criminal procedure rules that interact with extradition cases, including detention, notice, and the right to defense. While not a standalone extradition code, KUHAP informs how extradition cases proceed within Indonesia's judicial system.

KUHAP sets the procedural framework for arrests, detainee rights, and court procedures that can intersect with extradition actions.

Recent changes in practice emphasize clearer coordination between ministries and security agencies for treaty based requests, and Indonesia continues to refine its treatment of international cooperation. For Bandung residents, this means that timely legal advice is essential to interpret treaty applicability and ensure compliance with both domestic law and international obligations.

4. Frequently Asked Questions

What is extradition and how does it apply in Bandung?

Extradition is the formal surrender of a person to another country for trial or punishment. In Bandung, extradition decisions follow Indonesian treaty law and domestic procedure, and are not decided by a local court alone. A lawyer can assess treaty applicability and coordinate with national authorities.

How do I know if Indonesia has a treaty with the requesting country?

Indonesia maintains international treaties that govern extradition, published in the Perjanjian Internasional framework. A lawyer can verify treaty status and whether the request meets treaty and domestic criteria for surrender.

What is the typical timeline for an extradition request in Indonesia?

Timeline varies widely by treaty and complexity, but cases often span months from initial notification to potential surrender. A lawyer helps map milestones, including hearings, document translation, and court or cabinet decisions.

Do I need to hire a Bandung based lawyer for an extradition case?

Local counsel familiar with Bandung and national processes can coordinate with foreign requests, but the case typically involves national agencies. A Bandung lawyer can manage communications, translations, and local logistics effectively.

Can I challenge an extradition request on human rights grounds?

Yes, defenses may include improper procedure, risk of disproportionate punishment, or conditions that violate constitutional rights. An attorney can pursue available remedies within Indonesian courts and international norms.

Will I be detained during extradition proceedings?

Detention rules depend on the stage of the case and the applicable treaty. An attorney can seek appropriate bail or conditions while the process continues.

What costs should I expect in an extradition case?

Costs include attorney fees, translation and filing fees, and potential expert consultant charges. A Bandung attorney can provide a transparent cost estimate and payment plan.

Is it possible to resist extradition on the grounds of political offense?

Some treaties and Indonesian laws recognize limited categories including political offenses. A lawyer can evaluate whether such grounds apply to the specific case.

How long does it take to obtain counsel for an extradition matter in Bandung?

Initial consultations can occur within days to a couple of weeks. A lawyer can begin early to review documents and liaise with authorities promptly.

What is the difference between extradition and deportation in this context?

Extradition involves surrender to another country for criminal proceedings, while deportation removes a non citizen for immigration or border control reasons. Extradition is treaty based and criminal in nature.

What should I prepare for an extradition hearing or meeting?

Key documents include arrest notices, court orders, treaty references, and any prior legal filings. A lawyer will guide you on translations and what to request from authorities.

5. Additional Resources

  • Kementerian Luar Negeri Republik Indonesia (KEMLU) - Official government body handling international cooperation, including extradition matters and treaty implementation. Website: https://kemlu.go.id
  • Sistem Informasi Perundang-Undangan (SIPP / peraturan.go.id) - Official source for Indonesian laws, including Undang-Undang Nomor 1 Tahun 1979 tentang Ekstradisi and Undang-Undang Nomor 24 Tahun 2000 tentang Perjanjian Internasional. Website: https://peraturan.go.id
  • POLRI - Indonesian National Police, involved in enforcement actions and coordination in extradition cases at the field level. Website: https://polri.go.id

6. Next Steps

  1. Identify Bandung based or Bandung familiar lawyers who handle extradition and international cooperation cases. Start with at least two firms for comparison.
  2. Obtain a detailed consultation to review your case facts, potential defenses, and treaty applicability. Request a written scope of work and fee estimate.
  3. Verify the legal team's experience with Indonesian extradition law and with relevant treaties; ask for references or case summaries with similar issues.
  4. Gather all case documents including arrest notices, court orders, treaty references, and translations, and provide them to your chosen counsel.
  5. Ask the lawyer to outline a case plan with milestones, timelines, and possible outcomes, including any urgent relief options.
  6. Confirm all costs in writing and establish a communication plan, including how updates will be provided during proceedings.
  7. Coordinate with national agencies as advised by your lawyer to ensure proper procedural steps are followed and to monitor progress.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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