People should not expect justice for corruptors
People should not expect justice for corruptors
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.