No hope for extradition with S'pore
Kurniawan Hari, The Jakarta Post, Jakarta
An eagerly awaited extradition treaty between Indonesia and Singapore will not necessarily help Indonesia in efforts to bring alleged corrupters to justice, a minister said.
Minister of Justice and Human Rights Yusril Ihza Mahendra said on Wednesday that the treaty would make very little difference. The case of businessman Hendra Rahardja was evidence of that, he added.
"Although Singapore has shown good will, I don't think the treaty will have much affect. The different legal systems will hamper the implementation of the extradition treaty," Yusril told legislators during a hearing with the House of Representatives (DPR)'s Commission II for legal and domestic affairs.
In a hearing with House legislators last month, Minister of Foreign Affairs Hassan Wirayuda said the Singapore government had shown a willingness to study Indonesia's legal system as part of a move to implement the treaty.
Hassan said both countries had agreed to set up "a joint technical meeting" especially designed to discuss the extradition agreement preparation.
According to him, Singapore had submitted a list of questions regarding technicalities in the Indonesian law. Indonesia gave them examples of extradition agreements it has with other countries.
Indonesia has a Continental (Europe) legal system, Singapore, like other Commonwealth countries, relies mainly on the Anglo- Saxon system.
Indonesia has not signed an extradition agreement with Singapore, but it does have them with Australia, Hong Kong and Malaysia, all of which use the Anglo-Saxon system.
Some Indonesian leaders and judges have been calling for an extradition agreement with Singapore, as they consider it important due to the number of white-collar crime suspects allegedly residing in the neighboring country.
Maria Lumowa, a suspect in the Rp 1.7 trillion (US$202 million) scam involving state-owned Bank BNI, reportedly fled to the neighboring city-state after the story broke late last year. The Indonesian police have asked Singapore to send her back to Jakarta for questioning.
Yusril said the case of Hendra, who escaped to Australia, was further evidence of the difficulties Indonesia faced in extraditing a criminal and retrieving state money he or she have stolen.
"The extradition process did not finish even after Hendra died," Yusril said.
In countries that adopt the Anglo-Saxon legal system, Yusril said, the decision of the Prime Minister to extradite foreigners could be challenged by the court.
"And the process takes time, because the final say will come from their Supreme Court," Yusril added.
In Indonesia, the President with approval from the House, has the authority to approve an extradition request immediately.