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Extradition in Indonesia is the formal surrender of a person to another country for criminal prosecution or punishment. It operates under a framework of national law and international agreements. In Cirebon, as in the rest of Indonesia, extradition matters follow a national process coordinated by police, prosecutors, and government ministries.
The core domestic statute is Undang-Undang Nomor 1 Tahun 1979 tentang Ekstradisi, which sets out when and how Indonesia may surrender individuals. The process also uses the Indonesian criminal procedure framework found in Kitab Undang-Undang Hukum Acara Pidana (KUHAP) to govern detention, hearings, and due process during extradition proceedings. In practice, extradition requests are assessed for legality, proportionality, and respect for human rights before any surrender occurs.
Extradition is a formal process by which one state surrenders a person to another state for the purpose of criminal prosecution or punishment. This process is governed by international treaties and national law and typically requires the requesting state to show a legitimate basis and to respect due process. Source: UNODC
In Cirebon, local execution of these rules involves collaboration among multiple national authorities. Local police (POLRI), prosecutors (Kejaksaan), and relevant ministries coordinate with foreign authorities through diplomatic channels. Surrender decisions are issued after formal review by Indonesian judiciary and executive authorities in accordance with national law.
Key concepts used in extradition practice include double criminality, where the offense must be a crime in both states, and the prohibition on extradition for political offenses in many cases. International cooperation instruments, including treaties and mutual legal assistance, shape how requests are processed. For general guidance on these concepts, see international resources from UNODC and Interpol.
The Indonesian framework for extradition rests on a combination of domestic statutes and international cooperation. The two core legal instruments most directly involved are:
In addition to these domestic texts, Indonesia participates in bilateral and multilateral treaties that regulate extradition with other states. Treaties provide the legal basis for formal requests and the exchange of evidence and legal assistance. For authoritative summaries of international treaties involving Indonesia, consult the United Nations Treaty Collection and UNODC resources.
Indonesia participates in bilateral and multilateral extradition arrangements that guide surrender requests between states. These treaties are publicly listed in the United Nations Treaty Collection for reference and verification. Source: United Nations Treaty Collection
Recent trends emphasize enhanced international cooperation and clearer procedural standards for consular access and prisoner rights during extradition processes. For current texts and how they interact with Indonesian law, refer to UNODC guidance and Interpol educational materials on extradition and legal cooperation.
Extradition is the formal surrender of a person to another country for criminal proceedings or punishment. It covers offenses listed in treaties or domestic law and requires due process and proper documentation. The process is driven by national and international legal frameworks.
Contact a lawyer who specializes in international criminal matters. The attorney will assess the request, gather documents, and file early motions to seek stays or review, while ensuring consular rights are preserved. Early legal advice is critical to protect your rights.
Double criminality means the alleged act must be a crime in both Indonesia and the requesting country. If the conduct is not criminal domestically, extradition may be refused on that basis. This is a common standard in international cooperation treaties.
Yes. Indonesian law guarantees access to legal counsel during extradition proceedings. A lawyer can argue on your behalf, file motions, and coordinate with authorities to protect due process rights.
Yes. If a court or government agency rules to extradite, you may have avenues for appeal or review. A lawyer can identify the correct time limits and routes for challenging the decision.
The process involves law enforcement, prosecutors, and relevant government ministries, with final decisions coordinated through national authorities and the judiciary. Local courts in Indonesia may handle associated criminal process elements.
Timeline varies by case complexity, treaty obligations, and the availability of evidence. In many jurisdictions, initial screening and detention can take weeks to months, with longer examinations for complex cases.
Costs depend on the case's complexity, the need for expert testimony, and the duration of proceedings. Expect consultation fees, hourly rates, and potential court-related expenses; a written retainer is common.
Nationality alone does not determine extradition eligibility. The requesting state, the offense, and treaty provisions matter more. A lawyer can explain how nationality and residence affect the process in your case.
Consular access is generally protected under international norms and Indonesian practice. A lawyer can help ensure that consular contacts occur promptly and that their rights are observed.
Many extradition regimes restrict or reject extradition for political offenses. A defense attorney evaluates whether the conduct qualifies as political under applicable treaties and Indonesian law.
Extradition transfers a person for criminal proceedings abroad. Deportation removes a non-c citizen for immigration reasons or national security concerns. Extradition is criminal justice oriented; deportation is immigration focused.
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