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Kantor Hukum Yustisia Laksana
Office in Surabaya, serves Kedurus, Indonesia

Founded in 2024
11 people in their team
Indonesian
English
Kantor Hukum “Yustisia Laksana Attorneys & Counsellors at Law" menangani berbagai perkara hukum secara umum (pidana, perdata, perseroan, bisnis, tata usaha negara, dan keluarga, dll.) melalui litigasi maupun non-litigasi. Kami memberikan pendekatan yang berbeda: mendengarkan tanpa menghakimi,...
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How an extradition case is handled from Kedurus

Kedurus is part of Surabaya, East Java, and does not have a separate extradition system. Extradition requests are handled under Indonesian national law, with central government authorities involved and local police or courts potentially involved if the person is in Surabaya.

A case may involve a foreign government seeking a person in Indonesia, or an Indonesian investigation seeking a person believed to be abroad. In either situation, the country involved, any applicable treaty, the alleged offence, and the person’s citizenship can affect the process.

An extradition lawyer can review the request or available documents, explain the person’s rights, and represent them in relevant Indonesian proceedings. A foreign arrest notice or request does not by itself settle whether extradition can lawfully proceed.

When legal advice may be important

  • A foreign request concerns someone living in Kedurus: A lawyer can check the identity information, legal basis, alleged conduct, and whether the request meets Indonesian requirements.
  • Police contact or detention follows an international alert: Prompt advice can help establish what legal process is underway and whether the alert alone is being treated as a basis for action.
  • The person is an Indonesian citizen: Citizenship may affect whether extradition can be granted and what statutory exception or other legal argument may be relevant.
  • The alleged conduct has different legal treatment in Indonesia: Counsel can examine whether the conduct is an offence under both legal systems and whether a treaty or statutory condition applies.
  • The person fears an unfair or politically motivated case: A lawyer can help identify relevant objections and organise evidence for the Indonesian process.
  • A person wanted in Indonesia is believed to be abroad: A lawyer can advise on reporting evidence to the appropriate Indonesian authorities and the formal channels for seeking return.

Indonesian laws and agreements relevant to extradition

Law No. 1 of 1979 on Extradition is Indonesia’s principal extradition statute. It sets out the domestic framework for handling requests, including matters such as the offence, the person sought, and the decision-making process. It was enacted and promulgated on 18 January 1979.

Law No. 1 of 2006 on Mutual Legal Assistance in Criminal Matters governs forms of cooperation between Indonesia and other countries in criminal matters. Mutual legal assistance can support an investigation or prosecution, but it is distinct from extradition and does not itself authorize a person’s surrender.

Law No. 5 of 2023 ratifies the Extradition Treaty between the Republic of Indonesia and the Republic of Singapore. It was enacted and promulgated on 25 May 2023. Whether a particular request can rely on this treaty depends on the case and the treaty’s applicable terms.

Frequently asked questions

What does extradition mean in Indonesia?

Extradition is the formal process by which one country asks another to surrender a person for prosecution or to serve a sentence. In Indonesia, the request is assessed under Indonesian law and any applicable treaty. It is not the same as an ordinary immigration removal.

Can someone be extradited from Kedurus?

There is no separate Kedurus extradition procedure. If the person is in Kedurus, Indonesian national law applies, and local authorities or a court in Surabaya may become involved as required by the case.

Can Indonesia extradite an Indonesian citizen?

Indonesian citizenship is an important issue under Law No. 1 of 1979. The law provides a general restriction with a statutory exception where extradition is considered more beneficial to the interests of the Republic of Indonesia. A lawyer should assess the facts and any applicable treaty before drawing a conclusion.

Does an Interpol Red Notice automatically mean someone will be extradited?

No. A Red Notice is an international request to locate and provisionally arrest a person, not an international arrest warrant. Indonesian authorities must still act under Indonesian law, and extradition requires its own legal process.

What legal issues can affect an extradition request?

Relevant questions can include whether the person has been correctly identified, whether the alleged conduct is an offence under Indonesian law, and whether the request meets applicable treaty and statutory conditions. The alleged offence and the person’s circumstances may also raise grounds to oppose surrender.

How long does an extradition case take?

There is no single reliable timeline for every case. Timing depends on the documents, any provisional arrest, court proceedings, government decisions, and whether the request is contested. A lawyer can give a more informed estimate after reviewing the case papers.

How much does an extradition lawyer cost in Surabaya?

There is no single official fee for hiring a private lawyer in Surabaya. Fees depend on urgency, the number of proceedings, document review, translation needs, and travel requirements. Ask for a written scope of work and fee estimate before signing an engagement.

Can a person be released while the request is considered?

That depends on the legal basis for detention and the decisions made by the competent authorities or court. Release is not automatic, and the person should obtain prompt advice about the detention documents, deadlines, and available applications.

Is extradition the same as deportation?

No. Extradition is a formal request to surrender someone for a criminal prosecution or sentence. Deportation or immigration removal is an immigration measure and follows a different legal process.

Can a person challenge extradition?

A person may be able to raise legal and factual objections in the Indonesian process. Possible issues depend on the request and can include identity, statutory or treaty requirements, and the circumstances of the case. A lawyer can identify which objections are supported by evidence.

What if the person wanted by Indonesia is already abroad?

A lawyer can help organise evidence and advise on reporting the matter to the relevant Indonesian authorities. Whether the person can be returned depends on the country where they are located, its laws, and any applicable extradition arrangement.

Official resources in Surabaya and Indonesia

  • Ministry of Law of the Republic of Indonesia: The ministry responsible for law-related government functions can provide information about Indonesia’s legal framework and the relevant central government channel. Extradition requests are not decided by a Kedurus neighbourhood office.
  • Indonesian National Police: Police handle criminal investigation and law-enforcement functions. A person contacted or detained in connection with an international request should ask which legal process and documents are involved.
  • Surabaya District Court: The court provides official information about its court services and proceedings. Whether it is involved in a particular extradition matter depends on the case and the applicable procedure.

Steps to find and hire an extradition lawyer

  1. Act promptly if there is an arrest, detention, or official contact. Contact a lawyer the same day where possible, and keep copies of any notice, warrant, or police document.
  2. Gather the key records. Collect identity and citizenship documents, court papers, correspondence from foreign authorities, and any translation already received. Do this within the first day if a deadline or detention is involved.
  3. Search for Indonesian counsel with relevant cross-border criminal practice. Ask specifically about experience with extradition requests, mutual legal assistance, and proceedings in Surabaya. Verify the lawyer’s professional credentials before sharing sensitive information.
  4. Arrange an initial consultation, ideally within one or two days for an urgent matter. Ask the lawyer to identify the immediate risks, applicable law or treaty, and any response deadlines.
  5. Request a written case plan and fee estimate before hiring. Confirm who will handle court work, document review, translations, and communication with authorities, and whether additional expenses are separate.
  6. Agree how updates and urgent decisions will be handled. Provide complete and accurate documents, keep a record of official contacts, and ask the lawyer to explain each proposed filing or response before it is submitted.

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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.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.