Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Legal Political Analysis of Failure Factors of Extradition Treaty Ratification between Indonesia and Singapore

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312607,
        author={Dio Poliando Panggabean and Suhaidi  Suhaidi and Ediwarman  Ediwarman and Jelly  Leviza},
        title={Legal Political Analysis of Failure Factors of Extradition Treaty Ratification between Indonesia and Singapore},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={analysis ratification extradition indonesia singapore},
        doi={10.4108/eai.29-6-2021.2312607}
    }
    
  • Dio Poliando Panggabean
    Suhaidi Suhaidi
    Ediwarman Ediwarman
    Jelly Leviza
    Year: 2021
    Legal Political Analysis of Failure Factors of Extradition Treaty Ratification between Indonesia and Singapore
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312607
Dio Poliando Panggabean1,*, Suhaidi Suhaidi1, Ediwarman Ediwarman1, Jelly Leviza1
  • 1: Universitas Sumatera Utara
*Contact email: dio.panggabean35@gmail.com

Abstract

Indonesia has been exploring an extradition treaty with Singapore since 1970‘s but still fails to ratify the extradition treaty due to the mismatch between the conditions proposed by the Singaporean Government. This normative legal research to reveal the main causes of the extradition treaty ratification failure. After a long negotiation process, Indonesia and Singapore agreed on an extradition treaty followed by a defense cooperation agreement (DCA). Several legal factors have caused the failure to follow up the extradition treaty including the integration of the extradition agreement package with the DCA and the clause that Singapore has the right to conduct military training by involving third parties in Indonesian territory. Moreover, Singapore adheres to the Common Law legal system that stipulates extradition through courts. Furthermore, some political factors have contributed to the failure of the extradition treaty including the absence of a guarantee from the Singaporean government that fugitives and their assets can be brought to be processed by Indonesian law. Domestic legal politics and international relations greatly influence the decisions to ratify the extradition treaty indicating that there is a certain motive behind the insertion of the defense cooperation agreement into the extradition treaty.