A BEHAVIORAL APPROACH TO BILATERAL COOPERATION ON CRIMINAL LAWS: A CASE STUDY ON INDONESIA’S EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES

Abstract

The effectiveness of bilateral agreement in the context of criminal law enforcement is still highly contested. In the Indonesian context, such a bilateral cooperation is classified into two modalities of indirect law enforcement systems, namely: extradition and mutual legal assistance in criminal matters. This article attempts to explain the state’s rationality in establishing these modalities. Through a behavioral lens, this study undertakes case studies of mutual legal assistance treaty with the Switzerland Confederation and extradition treaty with the Russian Federation. Based on these cases, it could be argued that state’s decision to cooperate is reflected into control and consensus models. However, these two models were induced by political preferences rather than relying on the sole maxim aut dedere aut judicare in criminal laws. At the domestic level, the attitude of penal entrepreneurship and the institutional arrangement showcase the multifaceted of state’s rationality in deciding a treaty design in criminal law cooperation.