Impact of Extradition Agreement Policy on the State of Indonesia

Abstract

This research investigates the impact of extradition treaties on Indonesia's national interests in the context of increasingly complex cross-border law enforcement. As a country based on the rule of law, Indonesia faces major challenges in addressing transnational crimes, especially when offenders escape abroad to avoid legal accountability. Criminals involved in corruption, drug trafficking, money laundering, and international fraud often exploit weak legal cooperation and the absence of extradition treaties between states. The study uses Law No. 1 of 1979 as the legal framework governing extradition in Indonesia, highlighting key principles such as dual criminality and lex situs. Employing a quantitative approach and case study analysis—specifically the Djoko Tjandra case—this research evaluates the effectiveness of extradition treaties in supporting Indonesia’s law enforcement and protecting its national interests. Findings reveal that extradition contributes significantly to accelerating legal processes, reducing financial losses, and recovering criminal assets, while also promoting stronger legal cooperation among countries. Nevertheless, the study also identifies several obstacles, including limited bilateral agreements, divergent legal systems, and inconsistent international cooperation. To address these challenges, the study recommends expanding bilateral treaties, harmonizing national laws with international standards, enhancing legal diplomacy, and leveraging technology to track transnational crimes. These strategic measures are essential for optimizing the benefits of extradition and reinforcing Indonesia’s legal sovereignty and national interests.