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

18 Pages Posted: 31 Mar 2015

Date Written: March 31, 2015

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.

Suggested Citation

Missbach, Antje, The Extradition of People Smugglers from Indonesia to Australia: Political and Legal Challenges (March 31, 2015). Australian Journal of Asian Law, Vol. 15, No. 2, Article 1, 2014. Available at SSRN: https://ssrn.com/abstract=2587630

Antje Missbach (Contact Author)

Monash University ( email )

23 Innovation Walk
Wellington Road
Clayton, Victoria 3800
Australia

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