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ERS LAW OFFICE
Manado, Indonesia

English
ERS Law Office, officially known as Law Firm ERS and Partners (ERSP), is a registered legal entity under the Ministry of Law and Human Rights of the Republic of Indonesia. The firm is dedicated to delivering comprehensive legal solutions to individuals, businesses, and organizations, emphasizing...
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What an extradition case in Manado involves

Extradition is the formal surrender of a person to another country for prosecution or to serve a sentence. In Manado, the same Indonesian national law applies as elsewhere in the country; there is no separate North Sulawesi extradition code.

A case may become urgent if someone is detained in Manado or at Sam Ratulangi International Airport following a foreign request or an international alert. The process can involve Indonesian police, prosecutors, courts, central government authorities and diplomatic channels. A local lawyer can advise on the person’s rights and coordinate with counsel in the requesting country.

Whether surrender is legally possible depends on the alleged offence, the applicable treaty or reciprocity arrangements, and the requirements of Indonesian law. Extradition is different from deportation and from mutual legal assistance, which may involve evidence-sharing without transferring a person.

When you may need an extradition lawyer

Seek prompt legal advice if you or a family member is affected by a foreign extradition request, arrest, or related proceedings. Common situations in Manado include:

  • Arrest or detention: Police in Manado detain someone after a foreign government seeks their return or authorities receive an international alert.
  • Airport questioning: A traveller is stopped at Sam Ratulangi International Airport and is told a foreign warrant or request may be involved.
  • Disputed identity: The person says the alert refers to someone else, or that the identity documents or identifying details are wrong.
  • Challenge to the request: The person disputes the alleged conduct, says the offence is political, or argues that the request does not meet Indonesian legal requirements.
  • Indonesian citizenship: The person is an Indonesian citizen and needs advice on whether citizenship affects surrender and possible proceedings in Indonesia.
  • Family or business disruption: Relatives or employers need lawful guidance on locating the person, arranging representation, and managing urgent practical matters without interfering with the case.

Indonesian laws and treaties that may apply

Law No. 1 of 1979 on Extradition is the principal Indonesian statute. Enacted on 18 January 1979, it sets out the domestic framework for requests, arrest, review and surrender. Treaty terms and the facts of the case can affect how its provisions apply.

Law No. 8 of 1981 on the Criminal Procedure Code, enacted on 31 December 1981, governs important domestic criminal-procedure matters. Its relevance depends on the procedural step involved and how the extradition statute applies.

Law No. 8 of 1994 ratified the Indonesia-Australia Extradition Treaty. That treaty is relevant to requests between Indonesia and Australia; it does not govern requests from every country. Where there is no applicable treaty, Indonesian law provides for consideration of extradition on the basis of reciprocity and good relations, subject to legal requirements.

Frequently asked questions

Is there a separate extradition process for Manado?

No. Extradition is governed by Indonesian national law, not a separate Manado or North Sulawesi procedure. Local police, prosecutors and courts may be involved depending on where the person is found and the stage of the case.

What does extradition mean?

It is the formal transfer of a person from Indonesia to another country for prosecution or to serve a sentence. It is different from deportation, which concerns immigration status, and from mutual legal assistance, which can involve obtaining evidence without surrendering a person.

Can Indonesia extradite someone if there is no treaty with the requesting country?

The Extradition Law allows consideration of a request without a treaty on the basis of reciprocity and good relations. That does not make surrender automatic. The request must still be assessed under Indonesian law and the circumstances of the case.

Does the alleged conduct have to be a crime in Indonesia?

The offence and the applicable treaty or statutory provisions matter, including whether the conduct meets the relevant requirements under Indonesian law. A lawyer should compare the facts and legal descriptions in both countries rather than relying only on the offence’s name.

Can Indonesia extradite an Indonesian citizen?

Indonesian citizenship may be a ground for refusing extradition, but it does not mean the request can be dismissed without review. The law allows the possibility of prosecution in Indonesia in relevant circumstances. Advice depends on the request and the person’s status.

Can a request be refused because the case is political?

The Extradition Law excludes certain political offences, subject to statutory rules and exceptions. Whether an allegation qualifies is a legal question based on the conduct and the request, not simply the label used by either government.

What should someone do after an extradition-related arrest in Manado?

Ask to contact a lawyer promptly and obtain clear information about the authority and legal basis for the detention. Avoid discussing the allegations publicly or signing documents that are not understood. A lawyer can seek the relevant records and advise on urgent procedural steps.

What role does a court in Manado play?

A local court may become involved in proceedings connected with the person’s arrest and the extradition request. Its role is governed by Indonesian law and is not the same as conducting a full trial of the foreign criminal charge. The precise court and procedure depend on the case.

How long does an extradition case take?

There is no single reliable timeline. Urgent detention issues may require action immediately, while the overall process can take months or longer because it may involve court proceedings, government review and diplomatic communication.

How much does an extradition lawyer cost in Manado?

Fees vary according to urgency, detention and hearing work, document review, and whether coordination with foreign counsel is needed. Ask for a written fee proposal that separates initial advice, court representation, travel and translation costs, and any work outside Indonesia.

Is extradition the same as an international police alert?

No. An alert may help authorities locate or provisionally detain a person, but it is not itself a final extradition decision. The formal request and Indonesian legal process still need to be considered.

Official resources in Manado

  • Manado District Court: Provides information about court proceedings and public services. A lawyer can confirm whether a matter has been filed there and which court has jurisdiction.
  • North Sulawesi Regional Police: Handles regional policing matters and may be involved when a person is located or detained in the province. It can provide information through its official public-service channels.
  • Ministry of Law of the Republic of Indonesia: Handles national legal matters relevant to extradition and can provide official information about Indonesian law and applicable arrangements. Extradition requests also involve government and diplomatic channels.

Steps to find and hire an extradition lawyer

  1. Act immediately if someone is detained. Contact an Indonesian lawyer as soon as possible, preferably the same day, and ask where the person is held and what authority is handling the matter.
  2. Gather available documents. Within the first day, collect identity documents, notices, court papers, arrest information and any communications from foreign authorities. Keep originals safe and do not alter or destroy records.
  3. Shortlist lawyers with relevant Indonesian practice. Over the next one to three days, look for advocates who handle criminal procedure, cross-border cases or extradition matters. Confirm their practising credentials and ability to act in the relevant court.
  4. Arrange a focused consultation. Ask the lawyer to explain the immediate risks, the applicable treaty or reciprocity basis, and the next procedural steps. If the person is held, request an urgent consultation rather than waiting for a routine appointment.
  5. Ask about foreign-counsel coordination. If the case involves a foreign prosecution, find out whether the lawyer can coordinate with independent counsel in that country and how translation and communications will be handled.
  6. Review the engagement terms before signing. Obtain a written scope of work, fee structure, likely expenses and communication arrangements. Confirm who will handle urgent filings and how quickly the lawyer will report developments.

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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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