Legal Force Of Judicial Decree On Extradition Case

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Supardi Supardi , Yogi Muhammad Rahman and Belardo Prasetya Mega Jaya


The objectives of research were 1). To find out the respondent's human rights protected in Indonesian criminal procedure against an extradition request from another country, (2) to identify the legal force of a judicial decree in an extradition case in Indonesia. Development of crime is not criminogenic, but improper development processes can contribute to increased crime, both national (local) and transnational crimes, the resolution of which should be accomplished through extradition. Extradition is governed by Extradition Law Number 1 of 1979 (UUE). Extradition phases are carried out in two ways: judicial (legal) process in the form of judicial decree and political process (presidential decree), but whether a person can be extradited is determined by presidential decree or executive order. The research used a normative juridical method, which refers to existing law or legislation, legal theories, or scholars' opinions. The research relied on secondary data, and the research specification was analytical descriptive. The data sources used a combination of primary and secondary legal materials. The study concludes that: (1) Extradition case handling law procedure is not completely regulated in UUE, resulting in non-clarity, uncertainty, and non-protection of respondent's human rights for extradition requested by other country. (2) The president makes the final decision on extradition, and the judicial decree (trial product) of the extradition case is only one of the factors considered by the president.

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