EXTRADITION BY THE INDONESIAN NATIONAL POLICE OF PERPETRATORS OF CORRUPTION FROM INDONESIA, BASED ON THE LEGAL PROVISIONS OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL)

Kajian Hukum Pub Date : 2022-05-20 DOI:10.37159/kh.v7i1.3
Bajang Barokhatul Kholisoh, Suswoto
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Abstract

Interpol is an organization formed to coordinate cooperation between police in countries around the world. Advances in technology, information, and communication have increased the intensity of transnational crime. The extradition treaty has an important role in preventing and overcoming perpetrators of international crimes, especially perpetrators of corruption who fled from Indonesia to other countries, whether they are still suspects, defendants, or convicts. The formulation of the problem in this study is how the role of the Police in the practice of carrying out the extradition of perpetrators of corruption, legal arrangements in the execution of extradition of perpetrators of corruption committed by the Police based on the Constitution of the ICPO-Interpol, and what factors hinder the Police in carrying out international cooperation in the field of extradition. The result of the discussion of the problems that arise in this research is an international cooperation agreement that has been ratified by the two countries, in which the Indonesian Police submitted a request for extradition as a requesting state to the requested state against the fleeing corruption perpetrator. The state government is requested to process the extradition request accompanied by authentic evidence of the complete identity of the perpetrator. The process of carrying out extradition was hampered due to several factors, one of which was the absence of an extradition agreement by the Government of Indonesia with the government of the requested country, where the perpetrators of corruption fled so that the implementation of extradition was hampered or perhaps even rejected by the requested country.  
印度尼西亚国家警察根据国际刑事警察组织(刑警组织)的法律规定从印度尼西亚引渡贪污犯
国际刑警组织是为协调世界各国警察之间的合作而成立的组织。技术、信息和通讯的进步增加了跨国犯罪的强度。引渡条约在预防和克服国际罪行的犯罪者,特别是从印度尼西亚逃到其他国家的腐败犯罪者方面具有重要作用,无论他们仍然是嫌疑人、被告或罪犯。本研究的问题是:警察在引渡贪污犯的实践中如何发挥作用;根据刑警组织的《组织法》对警察所犯的贪污犯进行引渡的法律安排;以及哪些因素阻碍了警察在引渡领域开展国际合作。对这项研究中出现的问题进行讨论的结果是两国批准了一项国际合作协定,其中印度尼西亚警察作为请求国向被请求国提出引渡逃亡的腐败犯罪者的请求。请缔约国政府处理引渡请求,并附上证明犯罪者完全身份的真实证据。实施引渡的过程由于几个因素而受到阻碍,其中一个因素是印度尼西亚政府与被请求国政府没有引渡协定,而腐败的肇事者逃走了,因此引渡的执行受到阻碍,甚至可能被请求国拒绝。
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