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description Journal article public Lex Jurnalica

Tinjauan Yuridis Perjanjian Ekstradisi terhadap Kejahatan Ekonomi dalam Kepentingan Nasional Indonesia

Wildani Angkasari
Diterbitkan 2014

Abstrak

In general, the extradition request is based on national legislation, extradition treaties, conventions and expansion of International etiquette. In case if there is an extradition request outside of the rules above, the extradition can be done on the basis of good relations with other countries, both for the sake of mutual or unilateral. This practice is called disguised extradition devolving offenders do not fully comply with the extradition process and procedures as defined in the law of extradition. Globalization in addition to providing the benefits of life, in the sense of increasing the welfare of mankind. On the other hand, a negative impact on the security level, both between regions within a country and to the instability of International security, is the occurrence of transnational crime. The characteristics of transnational crime, namely the existence of foreign elements in the crime, which pass through the territorial limits or a citizen crime fled to other countries. In order to pick up prisoners, extradition action is required. Extradition can not be done haphazardly. For that previously had no bilateral agreement on extradition between the two countries involved in the crimes committed by its citizens. But in reality, the extradition treaty, as a mechanism of cooperation between countries, is full with the political interests so that the implementation is not very effective to combat transnational crime. Differences in the interpretation of the extradition agreement, especially in the delivery of criminal offenders in the transnational juridical aspects affect the effectiveness of the implementation of Law no. 1 year 1979. This is due, among others, the factors of interest between countries that can not be avoided. Besides, one thing that can not be overlooked is the issue of protection of human rights and sovereignty issues between countries. In order to smooth the research, conducted qualitative research methodology with a description of the type of research normative legal theories relating to extradition for economic crimes. Data was collected through document studies of primary and secondary data. The result showed that the extradition treaty between Indonesia and other countries will be an important and effective if done in accordance with the principle of state souveregnty and agreement of both parties.

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