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Extradition is the formal process for surrendering a person from Indonesia to another country for prosecution or to serve a sentence. If the person is in Makassar, local police and the Makassar District Court may be involved, but the request is handled through Indonesia’s national authorities.
A foreign request is not the same as an immigration removal or deportation. The authorities must consider Indonesian law and any applicable treaty, including the alleged offence, the person’s identity, and grounds for refusing surrender.
A lawyer can review the request, explain the person’s rights, prepare arguments against surrender, and communicate with the relevant authorities. A lawyer cannot decide the case or guarantee that extradition will be refused.
Police have detained someone in Makassar after a foreign request. A lawyer can check the legal basis for detention, verify the person’s identity, and advise them before questioning or court proceedings.
A family member has received notice of an extradition case. Counsel can help identify the requesting country, the alleged conduct, and any applicable treaty, then explain the expected steps.
The person disputes the charge or fears an unfair trial. A lawyer can gather records and present relevant arguments about the request and any applicable legal safeguards.
The alleged conduct may have a political aspect or fall outside the request’s scope. Counsel can assess whether Indonesian law or the relevant treaty recognises a basis to refuse surrender.
The person is an Indonesian citizen or faces a possible death sentence abroad. Nationality and the requesting country’s proposed penalty may affect whether surrender is permitted and what assurances are required.
Indonesia may need to seek a person’s return from another country. A lawyer can help organise case documents and coordinate with Indonesian authorities, although the formal request must proceed through government channels.
Extradition in Makassar is governed by national Indonesian law, not a separate city extradition code. The following laws may be relevant:
Law No. 1 of 1979 on Extradition. Enacted on 18 January 1979, it sets out Indonesia’s extradition framework, including procedures, grounds for refusal, and the roles of courts and central authorities.
Law No. 1 of 2006 on Mutual Assistance in Criminal Matters. Promulgated on 3 March 2006, it governs forms of cross-border criminal assistance such as obtaining evidence. Mutual assistance is distinct from extradition, but may arise in the same investigation.
Treaties can also affect a case. The relevant treaty depends on the requesting country and the alleged offence, so a lawyer should check the current treaty text and Indonesian implementing law rather than assume the same rules apply to every request.
It is the formal surrender of a person to another country for prosecution or to serve a sentence. Indonesian authorities assess the request under national law and any applicable treaty.
No separate city-level extradition system applies. If the person is located in Makassar, local authorities and the Makassar District Court may have a role within the national process.
Provisional arrest may be sought in connection with a foreign request, subject to Indonesian law. A lawyer should promptly check the warrant or other legal basis and the status of the formal request.
The court may examine relevant matters and provide an opinion under the statutory process. The court does not by itself make the final executive decision to surrender the person.
Law No. 1 of 1979 generally provides that Indonesian citizens are not extradited, subject to an exception where a treaty provides otherwise. The applicable treaty and the facts need to be checked before drawing a conclusion.
Eligibility depends on Indonesian law and the treaty, if one applies. The authorities may consider whether the alleged conduct meets the relevant offence and penalty requirements in both countries.
Potential objections depend on the offence, the evidence, Indonesian law, and any applicable treaty. A lawyer can assess whether a recognised refusal ground applies and present supporting material.
The possible penalty can be legally significant. Whether surrender may proceed, or requires assurances from the requesting country, depends on Indonesian law and the applicable treaty.
There is no single timeline for every case. Timing depends on the request’s completeness, any provisional arrest, court proceedings, central government review, and diplomatic communication.
There is no single official fee for private legal representation. Ask for a written fee scope covering advice, hearings, translation, travel, and any separate expenses before hiring counsel.
No. Extradition is a formal surrender process connected to criminal proceedings or a sentence abroad. Deportation is an immigration measure and follows a different legal process.
Makassar District Court (Pengadilan Negeri Makassar): The local court may handle judicial steps connected to a person located in its jurisdiction. It does not replace the national extradition decision process.
South Sulawesi Regional Police (Polda Sulawesi Selatan): Police may be involved in locating or arresting a person and coordinating investigative steps under Indonesian law.
Makassar Immigration Office (Kantor Imigrasi Makassar): The office handles immigration matters and travel-document issues. It does not decide whether a person should be extradited.
Confirm the immediate situation. If someone has been detained, obtain the arrest documents, the name of the requesting country, and any hearing date as soon as possible.
Gather relevant records. Collect identification and nationality documents, court papers, the foreign request if available, and any documents about the alleged offence or sentence.
Contact Indonesian counsel promptly. Aim to arrange an initial consultation within one or two days if an arrest or hearing is imminent; ask whether the lawyer handles cross-border criminal matters.
Ask for a case-specific legal assessment. The lawyer should identify the applicable Indonesian law, treaty, procedural stage, and any possible grounds to oppose surrender.
Check qualifications and communication. Confirm the lawyer’s professional status, language abilities, availability for urgent court work, and experience coordinating with authorities in Indonesia and abroad.
Agree fees and scope in writing. Clarify which hearings, submissions, translations, and communications are included, and how additional costs will be approved.
Set a document and update schedule. Agree who will obtain missing records, how quickly urgent filings will be prepared, and how often the lawyer will report on developments.
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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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