Incoming Extradition in Indonesia and Its Implication to Human Rights

Pengarang       :  Efendi Lod Simanjuntak

Tanggal terbit : 2020/10/30

Jurnal               : Walisongo Law Review (Walrev)

Jilid                   : 1

Terbitan           : 2

Halaman          : 113-124

Penerbit           : Universitas Islam Negeri Walisongo Semarang

Deskripsi 

Law enforcement to transnational fugitives especially those perpetrators of money laundering with international dimension in Indonesia, in particular related to incoming extradition is needed to reconstruct. This is because hitherto, the decision to extradite is the decision of the executive branch as stipulated in Act No. 1 of 1979 on Extradition. Hence, the consideration for the government to extradite is more on political concern rather than judicial. This practice is deemed neglecting the protection of human rights and creating legal uncertainty, especially in relation to detention period that could exceed beyond admissible time as stipulated in KUHAP because of the grace period on the issuance of the Presidential Decision. This research is doctrinal and field study. Based on findings in the field, incoming extradition request must be based on the court’s decision, or judicial order in the future to ensure protection of human rights and legal certainty of the person who is subject of the extradition and to the requested country.