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So that everyone knows it, ordering

invitates of this Act with

the placement in the Republic of the Republic Gazette

Indonesia.

Disgranted in Jakarta

on 11 March 2014

PRESIDENT OF THE REPUBLIC OF INDONESIA,

ttd.

DR. H. SUSILO BAMBANG YUDHOYONO

Reundrased in Jakarta

on March 11, 2014

MINISTER FOR LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

ttd.

AMIR SYAMSUDIN

SHEET COUNTRY REPUBLIC OF INDONESIA 2014 NUMBER 47

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EXPLANATION

UP

THE REPUBLIC OF INDONESIA LEGISLATION

NUMBER 9 YEAR 2014

ABOUT

PASSAGE OF AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND

REPUBLIC OF INDIA REGARDING ASSISTANCE RECIPROCITY LAW

IN CRIMINAL ISSUE

(TREATY BETWEEN THE REPUBLIC OF INDONESIA AND THE

REPUBLIC OF INDIA ON MUTUAL LEGAL ASSISTANCE

IN CRIMINAL MATTERS)

I. UMUM

In order to achieve the objectives of the State of the Republic of Indonesia

as set forth in the Opening of the Basic Law

The Republic of Indonesia of Indonesia Year 1945 is protecting all

the Indonesian nation and the entire spill Indonesia's blood, and to

advance general welfare, enlighten life

nations, and carry out the world order that is based

independence, eternal peace and social justice, Government

Republic Indonesia as part of the international community

does relations and international cooperation that

embodied in the international agreement.

The development of science and technology in particular at

the field of transport, communication, and information has

resulted in Cross-country relations are as if without limits

making it easier for people or displacement

goods from one country to another can be done with

fast. In alignment with these advances, it gives rise to

a significant impact on the cross-border of the country, in addition to having

a positive impact also has a negative impact on that of the onset

a criminal offense that no longer knows the limit. The jurisdiction of an

country so that its countermeasures and its coverage

require effective interstate cooperation in both bilateral and multilateral.

With...

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With increasing ties between the Government of the Republic

Indonesia and the Government of the Republic of India, specifically in the fields

economy and trade, and to keep a good relationship

both parties then required effective cooperation in

the field of inquiry and prosecution of criminal acts, including

browsing, blocking, appropriation, or seizure of results and

means of conduct criminal through the help of reciprocity laws in

criminal matters.

Aware of the fact, the Republican Government

Indonesia and the Government of the Republic of India have agreed

hold cooperation legal assistance in

a criminal issue that has been signed on January 25

2011 in New Delhi.

The deal was its intended to

further enhance the effectiveness of cooperation in countermeasures

and the eradication of the criminal acts especially that

transnational. Therefore, the lead legal aid agreement

back in this criminal matter should pay attention to the principle-

the general principle of international law which emphasized

the principle of respect for the sovereignty of the state and the sovereignty of the law,

equality, and mutual benefit.

Some important parts of the Agreement between the Republic

Indonesia and the Republic of India on the Help of the Timbal Law

Back in the Criminal Problem, among others:

1. The help of the lead law can consist of: a. Person and item identifications and items;

b. delivery of documents, including documents for

seeking the presence of people;

c. provision of information, documents, and notes;

d. the provision of goods, including the lending of evidence items;

e. Shakedown..

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e. search and seizure;

f. Evidence and proofs; g. allow the presence of people from the State of the inta at the time

implementation of the request for assistance;

h. presents the person who is held to provide testimony or assist with the investigation, prosecution,

the trial or other criminal proceedings in the State

The inta;

i. facilitate the presence of a witness or assistance to the person performing the investigation;

j. Attempts to search for, blocking, freezing, foreclosure, appropriation and return of results-

results and/or criminal means of the criminal offense; and

k. any other form of assistance that is not prohibited under the State Law of Diminta.

2. This agreement applies to any request for reciprocity of reciprocity laws related to the conduct or

the criminal acts committed prior to it

This agreement.

3. Assistance may also be provided in connection with the investigation, prosecution, trial, or legal process of the following

criminal taxation, customs and foreign exchange supervision or

any other income issue.

4. This Agreement only applies to the assistance of reciprocity laws between the Parties, the provisions of this Agreement

may not grant any rights to the individual

to obtain, refuse, or hinder the execution of

request for help referred to.

5. An exception. This agreement does not apply to:

1) the arrest or detention of persons for the purpose of the extradition of such persons;

2) the transfer...

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2) the criminal transfer to the penalty; and 3) transfer of legal proceedings in criminal matters.

b. This Agreement does not provide the rights to any of the Parties to perform in the territory of the other party application

the jurisdiction and execution of functions owned in

exclusive by the other party authorities according to the law

The national.

6. The Central Authority Central Authority that will process the request for assistance

the reciprocity law, of the Republic of Indonesia is the Ministry

The Law and Human Rights and of the Republic of India are

The Ministry of the Interior.

7. Denial of a favor. Mandatory reason

1) The request for legal assistance is not granted if: a) according to the State view of Diminta, implementation

The request is intended to interfere with the sovereignty,

security, public order, or general interest;

b) the request is related to the criminal act which the suspect has expressed not guilty or

pardoned;

c) The State of Diminta has a strong reason to believe that the request for reciprocity legal assistance

is filed with the purpose of prosecuing or

to punish the requested person based on race,

religion, citizenship, tribe, political views,

or the person will get the treatment not

fair in its role process for the reasons

that is;

d) The inta Country cannot provide assurances that the assistance is not going

used for purposes other than which listed

in the request without prior consent from

the State of Diminta;

e) State...

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e) The inta Country may not provide warranty for the return of the obtained evidence

based on the request for legal assistance

This Agreement;

f) a request relating to a criminal offence is only regulated in military law, and is not an

criminal offence in the common criminal law; and

g) the request relates to a political criminal offence.

2) According to The agreement, the following criminal acts are not included as a political criminal offence:

a) a criminal action against the life or self of the Head of State or the Head of the Government or its closest family;

b) a criminal offence based on an international convention in which the Parties have an obligation to be

The State of the Participant. The convention, for

provides the assistance of reciprocity laws;

c) a criminal offence when a request is filed with respect to terrorism under the laws of the State

In request, it is not considered as a political criminal;

d) an evil attempt or surface to perform any a criminal activity such as above or

participate in the host to a person who

performs or attempts to perform the following

.

3) According to this Agreement, a severe criminal offence against Body, person, life and property, despite the motive

politics, would not be considered a political criminal.

b. The voluntary reason for the request for help may not be granted if:

1) the granting of assistance is referred to, or may be able to threaten anyone's safety, even if the person

is in or outside the State

Requested;

2) requests...

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2) the request for blocking, seizure or seizure of criminal or foreclosure results

against property related to an action/action

that is not can be used as a basis for performing

blocking, appropriation or seizure in the State

Requested; and

3) the request is related to the inquiry, prosecution or punishment of a person

with regard to the a usable reason

as a basis for refusing by law

State of the State of Diminta.

c. Help cannot be denied solely on the grounds of bank or similar financial institutions or financial institutions

the criminal is also considered to be related to fiscal issues.

8. Request a request. the request for assistance must be immediately executed in

with the State of the State law of Diminta and in the way

which is desired by the State of the inta;

b. Requested country must, by request, notify the State of the inta about the date and

place the request for assistance;

c. help can be delayed by the State of Diminta if the implementation of the assistance is intended to interfere with the request. The inquiry or

the prosecution is running in the State of Diminta;

d. The country is requested to notify the State of the Insure of its decision not to meet

the whole or part of the request for assistance, or

delay the implementation of assistance, and must deliver

the reason for the decision In question;

e. before refusing a request for help or before delaying the execution of a request, the State of Diminta must

consider whether such assistance may be provided

in terms of the need-to-be. If the State

The inta agrees to receive assistance in accordance with the terms-

those terms, the State of the Love must comply.

9. The imposition...

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9. "Treatment and Termination of a." This agreement comes into effect on the date of the receipt

a later notification of the treatment;

b. one of the parties may terminate this Agreement at any time with written notice to the other

through diplomatic channels. This termination is effective after

6 (six) months after receipt of the notice of

termination. Termination of this Agreement is not

will affect the request of lead legal assistance

back which has been delivered prior to termination

This agreement.

II. ARTICLE BY SECTION

Article 1

Quite clearly.

Article 2

Quite clearly.

ADDITIONAL SHEET COUNTRY INDONESIA NUMBER 5514

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