Extradition of Fugitive under the Treaty between the Government of the Republic of Indonesia and the Government of the Republic of Singapore

Learn about the ratified Extradition Agreement between Governments of between the Governments of the Republic of Indonesia and the Republic of Singapore, which covers 31 criminal acts that are eligible for extradition. Discover the exceptions to the crimes that can be extradited and the process for requesting extradition through diplomatic channels.

The development of science and technology has impacted various aspects of human life, which also affects the cooperation between one country and another, which becomes seemingly borderless. The movement of people from one country to another countries becomes easier. This ease of movement allows suspects or criminals to escape to other countries from the ongoing legal process in one country.

On 25 January 2022, the governments of the Republic of Indonesia and the Republic of Singapore signed the Treaty on the Extradition of Fugitive (“Extradition Agreement”) to solve that issue. The Extradition Agreement aims to strengthen cooperation between the two countries in combating cross-border crimes, especially in pursuing and extraditing criminals who have fled to other countries. The Extradition Agreement was later ratified by the Government of the Republic of Indonesia into Law No. 5 of 2023 on Ratification of the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Singapore regarding the Extradition of Fugitives (“Law No. 5/2023”).

Under the provision in Law No. 5/2023, the criminal act that can be extradited are those that can be punished under the law of both parties at the time the crime was committed and when the extradition request is received. The Minister of Law makes extradition requests for the Republic of Singapore, while for the Republic of Indonesia, the request is made by the Minister of Law and Human Rights or other officials who will be notified and are conveyed through diplomatic channels.

There are 31 types of criminal acts that can be extradited, some of which are bribery and corruption, forgery, theft, embezzlement, and fraud. Law No. 5/2023 also regulates the exceptions to crimes that can be extradited, among others:

1. If the requested state determines that the crime mentioned in the extradition request has a political character.
2. If the crime requested for extradition is a military offence of the requested party, not a criminal offence under general criminal law.
3. If the fugitive will be prosecuted or punished on the grounds of race, religion, nationality, ethnicity, or political views.

In addition, Law No. 5/2023 also contains provisions regarding the transfer of temporary detainees, where detainees arrested in one country can be transferred to another country if necessary. Therefore, this Extradition Agreement is expected to increase the effectiveness of law enforcement for Indonesia and Singapore in strengthening cooperation in efforts to eradicate transnational crimes, as well as provide legal protection for each citizen from Indonesia and Singapore involved in criminal cases in both countries.