The Extradition of People Smugglers from Indonesia to Australia: Political and Legal Challenges

Abstract

This article sets out legal mechanisms and technical procedures pertaining to extradition processes from Indonesia and highlights a number of mutual misunderstandings, as well as misplaced expectations held by Australian officials. It starts with an overview over the state of current bilateral relations, followed by a brief description of the Indonesian Law on Extradition (No 1 of 1979) and the Australia-Indonesia Treaty on Extradition (1992). By examining general extradition arrangements and analysing a number of successful and unsuccessful extradition cases, the article identifies some of the main legal hurdles for extraditions between Indonesia and Australia. It also provides a study of the case of Sayeed Abbas, one of the most ‘notorious’ people-smugglers in Indonesia. It presents Sayeed’s case in a new light and offers fresh insights into the problems confronting bilateral legal assistance and criminal justice cooperation between Indonesia and Australia.