Extradition Procedure According to Law Number 1 of 1979

Oct 13, 2025 by ludoplayers7.com 56 views

Introduction

Extradition is a crucial process in the international community, allowing countries to transfer perpetrators of crimes from one state to another. The primary purpose of extradition is to ensure that serious offenders cannot escape prosecution or punishment. In this context, it is essential to understand the extradition procedure based on Law Number 1 of 1979, as well as the type of crime that can be the basis for the request for the transfer of criminal acts.

Extradition Procedure According to Law Number 1 of 1979

Law Number 1 of 1979 regulates extradition procedures, which include a series of terms and conditions that must be obeyed. This process begins with a request from a country that wants the transfer of perpetrators of crime. This request must be accompanied by evidence that supports that the person requested is truly involved in the criminal offense.

The authorities in Indonesia will conduct an examination of the request and ensure that the perpetrators of criminal acts meet the criteria for extradition. Actors who can be extradited are those who are indicated to be involved in crime and have been requested by authorized officials from other countries, on the condition that the crime is not a political crime.

Extracted Types of Crimes

In the context of extradition, not all types of crime can be the basis of requests. According to the law, crimes that can be the basis for extradition requests generally include serious criminal acts, such as:

Murder: The intentional killing of another person, which is considered a grave offense.
Drug distribution: The act of selling, transporting, or distributing illicit substances, which is a serious crime that affects public health and safety.
Theft: The act of stealing or taking property that does not belong to the perpetrator, which is a serious offense that affects individuals and communities.
Corruption: The act of using power or position for personal gain, which is a serious crime that undermines the integrity of institutions and the rule of law.

However, it should be remembered that political crimes, such as activities related to the spread of certain political ideologies or resistance to the government, cannot be extradited. This policy aims to protect human rights and provide protection to individuals involved in political actions.

Normative Juridical Approach in Extradition Studies

The method used to analyze this extradition procedure is a normative juridical approach, which prioritizes research based on library studies. This study includes secondary data collection from various sources, including:

Criminal law literature: Books, articles, and other written materials that provide information on criminal law and extradition procedures.
Extradition documents: Official documents related to extradition, such as treaties, agreements, and court decisions.
Secondary and tertiary legal sources: Online databases, libraries, and other sources that provide access to legal information and research.

This data is very important to understand the intricacies of extradition procedures and implications in the legal context in Indonesia.

Conclusion

The extradition process plays an important role in the enforcement of international law, ensuring that the perpetrators of criminal acts cannot avoid prosecution. By understanding the procedures and types of crimes that can be extradited, the community can further appreciate the importance of cooperation between countries in handling cases of transnational crime. Wise policies in upholding extradition will also help protect human rights, especially in cases related to political crimes.

Recommendations

Based on the analysis of the extradition procedure and the types of crimes that can be extradited, the following recommendations can be made:

Strengthen international cooperation: Countries should strengthen their cooperation in handling cases of transnational crime, including extradition procedures.
Protect human rights: Extradition policies should prioritize the protection of human rights, especially in cases related to political crimes.
Improve extradition procedures: Extradition procedures should be improved to ensure that they are fair, efficient, and effective in handling cases of transnational crime.

Q: What is extradition?

A: Extradition is the process of handing over perpetrators of crimes from one country to another. The primary purpose of extradition is to ensure that serious offenders cannot escape prosecution or punishment.

Q: What is the purpose of extradition?

A: The main purpose of extradition is to ensure that serious perpetrators cannot escape prosecution or punishment. By extraditing criminals, countries can ensure that justice is served and that the rule of law is upheld.

Q: What are the types of crimes that can be extradited?

A: According to the law, crimes that can be the basis for extradition requests generally include serious criminal acts, such as murder, drug distribution, theft, and corruption. However, political crimes, such as activities related to the spread of certain political ideologies or resistance to the government, cannot be extradited.

Q: What is the extradition procedure?

A: The extradition procedure begins with a request from a country that wants the transfer of perpetrators of crime. This request must be accompanied by evidence that supports that the person requested is truly involved in the criminal offense. The authorities in Indonesia will conduct an examination of the request and ensure that the perpetrators of criminal acts meet the criteria for extradition.

Q: What are the criteria for extradition?

A: Actors who can be extradited are those who are indicated to be involved in crime and have been requested by authorized officials from other countries, on the condition that the crime is not a political crime.

Q: How does extradition protect human rights?

A: Extradition policies should prioritize the protection of human rights, especially in cases related to political crimes. By protecting human rights, extradition can ensure that individuals are not persecuted or punished for their political beliefs or actions.

Q: What are the benefits of extradition?

A: The benefits of extradition include:

Promoting justice: Extradition ensures that justice is served and that the rule of law is upheld.
Protecting human rights: Extradition policies should prioritize the protection of human rights, especially in cases related to political crimes.
Preventing the escape of perpetrators: Extradition ensures that serious offenders cannot escape prosecution or punishment.

Q: What are the challenges of extradition?

A: The challenges of extradition include:

Ensuring fairness and efficiency: Extradition procedures should be fair, efficient, and effective in handling cases of transnational crime.
Protecting human rights: Extradition policies should prioritize the protection of human rights, especially in cases related to political crimes.
Coordinating with other countries: Extradition requires coordination with other countries, which can be challenging due to differences in laws, procedures, and cultural norms.

Q: How can extradition be improved?

A: Extradition procedures can be improved by:

Strengthening international cooperation: Countries should strengthen their cooperation in handling cases of transnational crime, including extradition procedures.
Improving extradition procedures: Extradition procedures should be fair, efficient, and effective in handling cases of transnational crime.
Protecting human rights: Extradition policies should prioritize the protection of human rights, especially in cases related to political crimes.