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

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.