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Extradition is the formal surrender of a person located in Indonesia to a foreign country that requests transfer for criminal charges or the serving of a sentence. In Surabaya, as in the rest of Indonesia, extradition follows national law and international treaties Indonesia has joined. Local authorities coordinate with national agencies to process requests through mandated procedures.
The primary legal framework is the Indonesian Extradition Law, which governs how requests are filed, reviewed and executed. Courts in Indonesia consider factors such as double criminality, political offense exemptions, and human rights protections during extradition proceedings. A Surabaya resident facing extradition should obtain counsel early to navigate potential challenges.
Extradition in Indonesia is based on a national statute and international cooperation through bilateral treaties with partner states.
Source: JDih Setneg - Law texts and official regulations
Indonesia cooperates with foreign states on extradition through bilateral treaties and established diplomatic channels, with the Attorney General and courts playing central roles in the process.
Source: Ministry of Foreign Affairs of the Republic of Indonesia
Undang-Undang Nomor 1 Tahun 1979 tentang Pengekstradisian (Extradition) - This is the foundational statute for surrendering individuals to foreign states. It sets the framework for requests, admissibility, and cooperation with foreign authorities. Effective since 1979, with subsequent implementing regulations and interpretations by Indonesian agencies.
Kitab Undang-Undang Hukum Acara Pidana (KUHAP) - The criminal procedure code governs how extradition petitions are processed within Indonesia, including service of process, hearings, and rights of the accused during extradition proceedings. KUHAP serves as the procedural backbone for related actions taken by prosecutors and courts in Surabaya.
International treaties and bilateral extradition agreements - Indonesia participates in bilateral extradition treaties with several states. These treaties enable formal requests and outline the grounds, scope, and procedures for surrender, subject to Indonesian law and constitutional protections. See official sources from the Ministry of Foreign Affairs for lists of partner countries and treaty text.
Indonesia maintains bilateral extradition treaties to facilitate cross-border cooperation in criminal matters, coordinated through diplomatic channels and the Attorney General's Office.
Source: Ministry of Foreign Affairs
Recent trends indicate a steady emphasis on treaty-based cooperation and adherence to human rights standards in extradition procedures, with authorities publishing guidelines to clarify practical steps for requests and surrender in Surabaya and elsewhere.
Official guidance emphasizes treaty-based cooperation and human rights protections in extradition matters.
Source: Ministry of Law and Human Rights
Extradition is the formal surrender of a person to a foreign state to face charges or to serve a sentence. It operates under national law and relevant international treaties. The process requires a proper legal basis and procedural compliance.
A request must come from a competent authority of the foreign state and be supported by an applicable treaty. A lawyer can determine if the request meets the treaty criteria and Indonesian law requirements.
Extradition can be refused if double criminality is not met, if the offense is politically motivated, or if human rights protections would be violated. Courts may pause or dismiss the process on these grounds.
While local prosecutors coordinate with national authorities, extradition decisions are made through Indonesian courts and the Attorney General's Office. Surabaya residents rely on these national bodies rather than a city-specific court.
Double criminality ensures the conduct is illegal in both Indonesia and the requesting country. It prevents surrender for acts that are not criminal here, unless treaty terms provide otherwise.
Yes. A local counsel can review treaty grounds, prepare defenses, gather evidence, and represent you in negotiations and court proceedings. They help you navigate complex procedures.
Costs vary by case complexity and duration. Typical fees include consultation, document review, and court appearances. A lawyer can propose a clear fee estimate after a case assessment.
Attendance requirements vary by case. Some hearings may occur with you represented by counsel, while others may require your presence. Your lawyer will advise on necessity.
No. Deportation is an immigration action within Indonesia. Extradition involves surrender to a foreign country for criminal prosecution or punishment under treaty law.
Timelines differ by case complexity and treaty provisions. The process can take months to years, from initial request to final surrender or denial, depending on appeals and procedural steps.
Yes. There are appellate avenues within Indonesian courts, subject to treaty constraints and procedural rules. An attorney can guide you through possible appeals.
Contact a qualified extradition lawyer immediately to evaluate grounds, preserve rights, and plan next steps. Do not rely on informal guidance or delay seeking counsel.
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