SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 43, 2001 | (Explanation in Additional State Sheet Republic Indonesia Number 4091) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 1 YEAR 2001
ABOUT
AUTHORIZATION FOR APPROVAL BETWEEN THE INDONESIAN REPUBLIC GOVERNMENT
AND THE HONG KONG GOVERNMENT FOR THE HANDOVER OF LAWBREAKERS
WHO ESCAPED
(AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND THE GOVERNMENT OF HONGKONG FOR THE SURRENDER
OF FUGITIVE OFFENDERS)
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the construction of a national law based on Pancasila and the Basic Law of 1945 should be able to support and guarantee the certainty, order, enforcement, and protection of laws that are intruded to justice and truth;
., b. that foreign relations which are based on the principle of free and active politics are encoded on national interests, developed by increasing friendship, bilateral and multilateral cooperation to realize a new world order based on the independence, eternal peace, and social justice;
., c. that the development of science and technology in particular in the fields of transport, communication, and information has made it easier for people to commit crimes that no longer know the limits of a state's jurisdiction, but it can concern some. country so that its countermeasures and its gifts are required by international cooperation;
., d. that cooperation between the Government of the Republic of Indonesia and the Government of Hong Kong has developed well and to further enhance that cooperation in particular in the field of law enforcement and the implementation of criminal justice, then on 5 May 1997 In Hong Kong, Hong Kong has signed the Agreement between the Government of the Republic of Indonesia and the Government of Hong Kong for the Government of the Government of Indonesia and the Government of Hong Kong. for the surrender of Fugitive Offenders);
., e. that under consideration as in the letter a, b, c, and d are seen to be required to pass the Agreement between the Government of the Republic of Indonesia and the Government of Hong Kong for the Surrender of the Withdrawal Violation (Agreement between the Government of the Republic of Indonesia and the Government of Hongkong for the Surrrender of Fugitive Offenders) with the undrauous Act;
.,, Given: 1. Section 5 of the paragraph (1), Section 11, and Section 20 of the paragraph (2) of the Basic Law of 1945;
., 2. Law No. 1 of 1979 on Extradition (Sheet State Of The Republic Of Indonesia In 1979 Number 2, Additional Leaf Country Number 3130);
., 3. Law No. 24 Year 2000 on International Agreement (State of the Republic of Indonesia 2000 Number 185, Additional Gazette number 4012);
With mutual consent between
THE PEOPLE ' S REPRESENTATIVE COUNCIL
REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
., SET: LEGISLATION ON RATIFICATION OF CONSENT BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF INDONESIA AND THE HONG KONG GOVERNMENT FOR THE SURRENDER OF THE ESCAPED LAW VIOLATORS (AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE REPUBLIC OF INDONESIA AND THE REPUBLIC OF INDONESIA) "GOVERNMENT OF HONG KONG FOR THE SURRENDER OF FUGITIVE OFFENDERS".
Section 1
Agreement between the Government of the Republic of Indonesia and the Government of Hong Kong for the surrender of the Government of Hong Kong for the Government of Hong Kong for the Government of Hong Kong. The Fugitive Offenders, which had been signed on May 5, 1997 in Hong Kong, whose copy of the original manuscript in English, English, and Chinese as attached and is an inseparable part of the This legislation.
Section 2
This legislation is in effect since the date of the invitation.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on May 8, 2001
PRESIDENT OF THE REPUBLIC OF INDONESIA,
ABDURRAHMAN WAHID
Promulgated in Jakarta
on May 8, 2001
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
DJOHAN EFFENDI
ADDITIONAL
STATE SHEET RI
| No. 4091 | (explanation Of State Sheet 2001 Number 43) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 1 YEAR 2001
ABOUT
AUTHORIZATION FOR APPROVAL BETWEEN THE INDONESIAN REPUBLIC GOVERNMENT
AND THE HONG KONG GOVERNMENT FOR THE HANDOVER OF LAWBREAKERS
WHO ESCAPED
(AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND THE GOVERNMENT OF HONGKONG FOR THE SERRENDER
FUGITIVE OFFENDERS)
I. UMUM
.,, the National Law Development based on Pancasila and the Basic Law of 1945, directed at the establishment of the National Law system which among others is done with the establishment of new laws, in particular the necessary legal products for supporting the public duties of government and national development;
.,, the product of the national law, must be able to guarantee the capacity, order, enforcement and protection of the laws of justice and truth that are expected to be able to secure and support active free foreign affairs. to realize a world order based on independence, eternal peace, and social justice;
., in the era of globalization the advancement of science and technology both in transport, communication, and information are increasingly sophisticated, has led to the region of one country with the rest of the country as if it were without limits, so that Make it easier for human traffic from one country to another.
., as a result of the advancement of science and technology in addition to having a positive impact on human life, it also carries a negative impact that can harm individuals, people, and or the country. This can also be used to be unaccountable by the perpetrators of the criminal act in the attempt to escape the judicial process and to undergo a criminal in the state where a person commits a criminal offence.
.,, to the point of the fact, the Government of the Republic of Indonesia and the Government of Hong Kong held the Agreement for the Surrender of the Withdrawal Violation (Agreement between the Government of the Republic of Indonesia and the Republic of Indonesia) "Government of Hongkong for the Surrender of Fugitive Offenders") signed in Hong Kong on 5 May 1997.
.,, the Agreement aims to increase cooperation in law enforcement and the eradication of crimes, namely by preventing the lolocation of the lawbreakers from the judicial process and undergoing a criminal.
., with the consent of the surrender of the escaped law violators, the expected relationship and better cooperation between the two countries in the field of law enforcement and the eradication of the crime can be improved. This agreement in addition to the demands of justice can also avoid losses that result in the loss of the suspect, the accused, the convict, or the convict.
.,, some of the important things of the Withdrawal Violation of the Violators of the Law are:
., 1. Form and Name In general agreement between countries to surrender each other's escaped offenders made in the form of the Extradition Agreement special agreement between the Government of the Republic of Indonesia and the The Hong Kong Government is to hand over the violators of the escaped law made in the form of the Withdrawal Violation of the Fugitive Offenders Agreement.
.,
., it is because Hong Kong is not a fully sovereign country, so as long as this every deal is made between Hong Kong and another country to give each other an escaped law-violator made in form Submission of Withdrawal Offenders (Surrender of Fugitive Offenders Agreement) and not in the form of Extradition Treaty.
2. A Acceptable Legal Violation (Article 2).
.,
., in the Agreement, it is confirmed that unlawful violations are offenses that can be punished according to Indonesian law and Hong Kong law, based on the double criminality and the law of Hong Kong. The violation of the law is threatened with a prison criminal of more than 1 (one) year or with a heavier criminal. The type of lawlessness that can be submitted amounts to 44 (forty-four) of the type of law violation.
3. The right to Refuse To Give Up Its Citizens (Article 4).
.,
., each party in consent has the right to refuse to give up its citizens. In this Agreement, the parties are required to exercise the right to consider whether to submit or not to the citizens of the country. The party is asked whether to surrender or not to the citizens. The requested side must submit its case to the authorities in its territory.
4. Offences of being threatened with Criminal Death (Article 5).
.,
., this Agreement governs that the handover of the violators shall not be carried out against the violators of the law, who are threatened with the death penalty, unless the Requested Party provides assurances that the death penalty will not be dropped or if dropped. Won't be done.
5. Customers of the Political Background Law (Article 5).
.,
.,, if the violation of the laws that are dismayed or blamed is a political violation or violation of political nature, then the violators of the law will not be handed over.
.,, taking a life or trial taking the life of the Head of State and a close relative of the Head of State will not be considered a political violator or a political offense because it is the culprit can be handed over.
6. Tata Cara Surrender (Article 17).
.,
.,, in this Agreement regarding the handover of the legal violators in the following manner:
., a., a. The requested party must be, immediately after the decision regarding the submission request, notifying the decision to the Requested party.
., b. If a person is to be handed over, the person must be sent by an official from the Party requested to a place of departure that is within its jurisdiction.
., c. The requiver must take the person in a time determined by the Party of Diminta and if not taken in such a period of time the party of Diminta may refuse the surrender of the person to the same offence.
., d. If a situation outside of the jurisdiction of the party is blocking either party to surrender and take the person to be handed over, the concerned party must notify the other. In such a case, both sides must agree on a new date for a predetermined submission.
7. Settlement of Discord (Article 22).
.,
.,, in this Agreement determined that in the event of a dispute in the event of an interpretation or implementation of the Agreement, then the resolution is made through consultation or negotiations between the Parties.
., however, if such disputes cannot be resolved through consultation or negotiation of the Parties, it will be resolved through consultation or negotiations between the Government of Indonesia and the responsible sovereign government of the United States. Answer to Hong Kong's foreign affairs.
., 8. Start Applicable, Temporary Stops, And Finally Approval (Article 23).
.,
.,, in this Agreement, the following terms apply, and the termination of the Agreement is determined as follows:
., a., a. This Agreement begins in effect 30 (thirty) days after the date on which the parties are notified in writing that the terms of this Agreement have been met.
., b. The provisions of this Agreement will apply to the request made after the effective date of this Agreement without regard to the date of the breach of the law set forth in the request.
., c. Each party may terminate this Agreement at any time by notifying the other through the authority.
.,, the termination will apply at the time of the receiving notice. In the event of termination, this Agreement shall no longer apply on the day to 180 (a hundred and eighty) after the receipt of the notice to terminate the Agreement.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
APPROVAL BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE HONG KONG GOVERNMENT
FOR THE SURRENDER OF THE ESCAPED LAWBREAKERS
The Government of the Republic of Indonesia and the Government of Hong Kong, referred to recently after having received the legitimate authority of the sovereign government responsible for foreign affairs with regard to Hong Kong to make consent. this;
Desire to make a rule regarding the surrender of reciprocity of the escaped law-violators;
Affirm its appreciation for each judicial system and judicial institution;
Has agreed to the things as follows:
PASAL 1
OBLIGATION TO SUBMIT
Both parties agree to surrender, under the terms specified in this Agreement, any person who is found in the jurisdiction of the Party of the Requested and sought by the Requested Party for the prosecution or the fall of the criminal or Criminal execution with respect to any violation of law subject to the jurisdiction of the Requested Party and as formulated in Section 2 of this Agreement.
PASAL 2
A LEGAL VIOLATION THAT CAN BE SUBMITTED
.,, (1) Surrender must be granted for a violation of the law which is included in one of the violations of the law as formulated the following throughout the breach of the law according to the laws of the two parties may be criminalised with a prison criminal or any other form and an independent appropriation of independence for more than a year, or with a heavier criminal:
.,
.,, 1) attempted murder or murder including acts of negligence that led to death; punishable murder (culpable homicide); assault with intent to commit murder;
2) assist, incite, advise or inflict a suicide act;
., 3) with malicious intent and planning to injure; inflict bodily injury; murder threat; intentionally or for being less careful endangering a person ' s life either with weapons, dangerous materials and others; violations laws with respect to acts of harm against the law;
.,, 4) violation of sexual law including rape; sexual assault; sexual abuse; committing sexual acts against child's laws; lewd acts against minors;
., .5) sexually abused a child a mentally disabled person or a person in a state of fainting;
., 6) abductions, escape someone against the law; imprisonment unlawfully; restrict one's independence against the law; sell it or trade slaves or other persons;
7) a criminal threat;
.,, 8) a legal violation of laws regarding dangerous drugs including narcotics and psychotropic materials;
.,, 9) obtain goods or benefit in the form of goods or money by means of fraud; theft; robbery; theft with violence (including damaging and entering the home against the law); embezzlement; extortion; coercion; control or gain goods against the law; fake bookkeeping; any other violation of law relating to the goods or fiscal matters committed by decepts; any violation of the laws concerning the laws concerning the laws of the law. Counter-law against the law;
10) violation of laws regarding insolvency or pailitan;
.,, 11) violation of laws against the company including legal violations committed by officials, directors and promoters;
.,, 12) Any violation of the laws relating to forgery; any violation of the laws against the forgery or to distribute what is falsified;
.,, 13) violation of laws regarding intellectual property rights, copyright, patents and brands;
.,, 14) violation of laws regarding bribery; corruption; secretive commissions; and breach of trust related to corporate finance;
15) giving perjury and persuading to give false vows;
16) violations of laws relating to interfering or obstructing the course of the judiciary;
17) arson, violation of law of destruction or destruction of computer data;
18) violation of the laws against the weapon of fire;
19) violation of the laws against the explosive substance;
.,, 20) violation of laws regarding environmental pollution or public health protection;
.,, 21) uprisings or any acts of rebellion committed on ships that are sailing in the sea;
22) piracy of ships or aircrafts, based on international law;
.,, 23) compress against the law or asunder against the law of a flying plane or other transportation tool;
24) give you ease or let someone run from custody;
.,, 25) violation of laws regarding control of export or import of any type of goods;
., 26) smuggling; unlawful violations of the laws regarding the import and exporting of prohibited objects, including historical and purbaal objects;
.,, 27) violation of immigration law including fraudulent deeds to obtain or use a passport or visa;
.,, 28) set up or provide facilities for financial gain, inserting persons unlawfully into the jurisdiction of the Inta Party;
29) a violation of the laws relating to gambling and lottery;
30) a violation of the laws relating to the termination of the pregnancy against the law;
.,, 31) steal, leave, exploit or hold against a child ' s law; another legal violation involving the exploitation of the children;
.,, 32) violation of laws regarding prostitution and the provision of places for prostitution purposes;
33) a violation of the law involving the use of computers against the law;
.,, 34) a violation of the law relating to fiscal, tax or custom affairs, although the laws of the Party of Diminta do not charge the same tax or customs or do not regulate the same tax or customs duties as in the country. Requiers;
.,, 35) a violation of the laws relating to fleeing against the laws of the prisoners; the uprising in prison;
36) bigamy;
.,, 37) any violation of law relating to laws regarding false or misleading trade description;
.,, 38) a violation of law relating to the possession or bleaching of the results obtained for committing any legal violations that may be submitted under this Agreement;
.,, 39) obstructing the detention or prosecution of a person who has committed or allegedly committed a legal offence that may be submitted under this Agreement;
.,, 40) legal violations in which the escaped offenders may be submitted based on an international convention that binds the Parties; the laws of law created as a result of the international organization's decision. Binding to the parties;
41) a conspiracy to commit fraud or embedding, decepts;
.,, 42) conspiracy to perform or any form of the Union to perform any legal violations that may be remanded under this Agreement;
.,, 43) assist, incite, advise, or provide a means, be a servant before or after a criminal offence, or attempt to commit any violation of the laws whose inclusion may be granted under the Agreement. this;
.,, 44) any other violation of law whose inclusion may be granted under the Second Law of the Parties.
.,, (2) If the submission is requested for the intent of carrying out a criminal, then the further condition that must be met is the remainder of the term serving a prison or detention criminal must be at least six months.
.,, (3) For the purposes of this Section, in determining whether a violation of the law may be punished under the Law of the Second of the Parties then the whole of the criminal offence or the commission that is dismayed against the person asked for its submission must be taken into account without designate on the elements of a violation of the law formulated by the Law of the Inta Party.
(4) For the purposes of paragraph (1) this section, a violation of the law is a violation of the law according to the Law of the Second Party if the act which incite a violation of the law is a violation of the law that violates the Law of the Inta at the time of the act. The criminal was committed and an unlawful violation of the law from the Party of Diminta at the time of the request for such submission was accepted.
., (5) For the purposes of Article 10 someone who is sentenced without her presence should be treated as a defendant unless she has a chance present at the time of examination in court, in which case she will be treated As a convict. The handover of a person who is sentenced without his presence can be denied if:
.,
.,, a) he did not get a chance to be present at the hearing in court; and
b) if submitted, he is not entitled to a retrial with his presence.
PASAL 3
A VIOLATION OF THE LAW.
., (1) The party of the Diminta may refuse to give up someone who is wanted for committing a violation of the laws committed in her area.
., (2) For the purposes of this Article understanding "area" in conjunction with Hong Kong including Hong Kong Island, Kowloon and the New Territories, and in conjunction with the Republic of Indonesia referred to region is the territory of the Republic of Indonesia and the region adjacent to which the Republic of Indonesia has sovereignty, sovereign rights or jurisdiction in accordance with international law.
PASAL 4
CITIZEN SUBMISSION
.,, (1) The Government of the Republic of Indonesia reserves the right to reject the surrender of its citizens. The Hong Kong government has the right to deny the surrender of citizens from the country whose government is responsible for foreign affairs with regard to Hong Kong.
.,, (2) In terms of the Party of Diminta carrying out this right then the case must be submitted to its authorized personnel in order for the process of the person's prosecution to be considered.
For such purposes, the file, information and evidence related to the breach of the law must be sent by the Requested party to the party of the Requested party.
.,, (3) Notwithstanding the provisions of paragraph (2) of this section, the Party of Diminta is not required to submit the case to the instance in which the prosecuting authority does not have jurisdiction.
PASAL 5
DEAD CRIMINAL.
If the violation of the law on which the perpetrators of the perpetrators escape is required to be submitted under this Agreement may be criminalised with the criminal death by law. The requiver, and if for a violation of the law like that of a dead criminal, cannot be dropped according to the law of the house of Diminta, or in general it is not done, then the surrender may be denied unless the party of the requiver gives you an assurance such that it is considered sufficient by the Party of Diminta that this death criminal will not be dropped or if dropped will not be exercised.
PASAL 6
BASE OF SUBMISSION
A person shall only be granted if there is sufficient evidence according to the law of the Good Inta to justify the request of the person to the court if the violation of the law is committed to the person committed in the jurisdiction of the Party. Asked and to prove that the wanted person was the person who had been convicted by the Inta court.
PASAL 7
MUST REJECT THE SUBMISSION
.,, (1) A runaway violation of the law will not be submitted if the Requested Party has a fundamental reason for trusting:
.,
., (a) that the violation of the law that is dismayed or in the competition against the person is a political offence or a political offence;
.,, (b) that the request for submission (although according to the description given the violation of the law is a violation of the law which can be submitted) in reality it is intended to prosecute or criminate based on race reasons, religion, citizenship or political opinion; or
., (c) that the person may, if returned allegedly to be harmed in his trial or be penalised, withheld or restricted his personal freedom for reasons of race, religion, citizenship or political views.
., (2) If the question arises whether a matter is a political offence or a political offense then the verdict of the Dimnta Party will determine.
.,, (3) For the purposes of this Agreement, take the life or experiment of taking the life of the Head of State of the Republic of Indonesia or in regards to Hong Kong, the Head of State whose government is in charge of foreign affairs with regard to Hong Kong, or in any case, a close relative of the Head of State would not be considered a political offence or a political offence.
.,, (4) Surrender to a violation of the law must also be rejected if the person who is asked of his submission cannot be prosecuted or convicted for committing a legal offence under the laws of one of the Parties.
PASAL 8
DISCRETION TO REJECT SUBMISSION
The submission could be denied if the Requested party argued that:
.,, (a) a violation of the law in which the submission is made in the jurisdiction of his trial;
.,, (b) that submission may cause the Party to violate its obligations under an international agreement; or
.,, (c) under certain circumstances of the case, the submission would be contrary to the humanitarian consideration reviewed from the person ' s age, health or personal circumstances of the person being sought.
PASAL 9
SUSPENSION OF SUBMISSION
If a person who is sought to be checked in court or is serving a criminal in the jurisdiction of the Party of the Parties for committing another violation of the law rather than a violation of the law, the surrender may be granted. or deferred until the completion of the examination and lactate of any dropped criminal if the Requested Person is given the submission so that the Party of Diminta must provide a reason for the Inta.
PASAL 10
ACCOMPANYING REQUESTS AND DOCUMENTS
.,, (1) The request of the submission and pertinted document must be delivered through an authority that is authorized as notified at any time by the other party to the other.
(2) The request must be accompanied by:
.,
.,, (a) the complete description may be about the person being sought, together with any other information that may help determine that identity, citizenship and location;
(B), (b) a statement concerning any violation of the law, which he has made, and an inclusion concerning the deed and the commission, which it is not dismayed to the person concerning any violation of the law and of time and place of his conduct. the violation of such laws; and
.,, (c) the text of the law if any, which determines a violation of the law and a statement concerning the criminal that can be dropped and any time limit for processing the case, or for the execution of any convicted felon against this violation of the law.
., (3) If the request relates to the person charged then the request must be accompanied also with one copy of the warrant issued by the judge, the magistrates or the authorized officials of the Requested Party and with the evidence that That, according to the Law of the Inta, may justify the matter to the court if the violation of the law is committed in the jurisdiction of the Party of the Requested.
.,, (4) If the request is with regard to someone who is already blamed or sentenced to, then the request must be accompanied by:
.,, (a) one copy of the verdict of the criminal or criminal downer; and
.,, (b) if the person is blamed but not a convict, a statement from the court concerned about it and a copy of the restraining order; or
.,, (c) if the person is convicted, a statement indicating that a criminal has been able to be exercised and that the remains of a criminal still have to be served.
PASAL 11
AUTHORIZATION
.,, (1) The document that supports a submission request must be received as a proof tool that proves the facts contained therein if it is already passed as it should be. The documents are considered to be passed as should be if they have fulfilled the following:
., (a) is already signed or disowned by the judge, the magistrate or the authorized officer of the Requested Party; and
(b) is branded with an official stamp by the authoring official of the Inta Party.
.,, (2) Any translation of the documents submitted by the Requested Party to support the submission request must be received for all interests in processing such submission.
PASAL 12
THE LANGUAGE USED IN THE DOCUMENTATION
And all documents shall be written in or translated into the official language of the Party of the Requested, or any other language that the party may receive, to be detailed by the hand of the Requiers in the name of the person. each case.
PASAL 13
ADDITIONAL INFORMATION
.,, (1) If the information delivered by the Requested Party is deemed not sufficient by the Requested Party to take a decision in accordance with the Agreement. The so-called last party will ask for the necessary plant information and may set a deadline for receiving such additional information.
.,, (2) If the person who is in contact is being withheld and additional information provided is not sufficient under this Agreement or is not accepted within the specified time limit, the person can be released.
Such a release did not prevent the love from submitting a new request for the surrender of the person.
.,, (3) In the event the person is exempt from the annual basis of the paragraph (2) of this section, the Party of Diminta must provide the Requested Party As Quickly As Possible.
PASAL 14
TEMPORARY DETENTION
.,, (1) In urgent matters, the Requesting Party may request detention while the person is. After receiving such a request, the Diminta Party may take steps that need to be based on its laws to ensure the detention of a wanted person. The party is requested to notify the party immediately regarding the results of the request.
.,, (2) The temporary request for temporary detention must contain an indication of the desire to request the submission of a wanted person, a statement regarding the arrest warrant or the ruling of the person ' s idation, the description of the identity, citizenship, an estimated location, description of the person, a brief description of the violation of the law and the facts related to the case and a statement on the criminal that may or may have been dropped against The violation of the law and, if the criminal is committed, is the rest of the criminal. It has to be.
.,, (3) The request for temporary detention may be delivered through any means by providing a written note through a channel defined under the paragraph (1) of Article 10 or through the International Criminal Police Organization (Interpol).
.,, (4) Detention while the wanted person must be stopped after the expiration of sixty days from the date of detention if the request for submission and the documents that support it has not been received. The release of a person according to this paragraph does not block the execution or continuation of the submission process if the request and its support documents have been received later.
PASAL 15
CONCURRENT REQUEST
.,, (1) If a person's submission is submitted simultaneously by one of the Parties and by a State that has an Agreement or arrangement regarding the submission of an escaped law violation, with the Republic of Indonesia or Hong And he that is in the hand of the king of Israel shall judge between the two countries which are in the hand of the king, and shall be given to the hand of the hand of the king, and shall inform the people of the truth, and the truth shall be given His decision, in which case the person is handed over to another jurisdiction.
.,, (2) In determining to the jurisdiction of the country where a person is to be handed over, the Party of Diminta must pay attention to all circumstances and, especially things as follows:
.,
.,, (a) if the request is related to several different legal violations, the weight of the violation of the law is relative;
(b) the time and place of it for any violation of the law;
(c) the date of the request of each other;
(d) the person ' s citizenship;
(e) the usual residence of the person; and
(f) the possibility of subsequent submission to other jurisdictions.
PASAL 16
REPRESENTATION AND EXPENSES
.,, (1) The Diminta Party must make all the arrangements necessary and meet the cost of any process arising out of the request of the submission and besides it must represent the interests of the Requested Party.
.,, (2) The Party of Diminta must bear the costs incurred due to the arrest and arrest of the person who requested the submission until the person is handed over. The requiers must bear all the costs of the next one.
.,, (3) If it turns out that arising out of calculation as a result of the submission request then the Parties must consult each other to determine how the cost will be met.
PASAL 17
SETTING FOR SUBMISSION
(1) The (1) Party of the Inta must, immediately after the decision regarding the request of submission, inform the Requiver.
.,, (2) If a person is to be handed over, the person must be sent by an official from the Party of the Requested Place of the right place in the jurisdiction of the Party.
.,, (3) In accordance with the provisions of paragraph (4) of this Section. The requiver must take the person within a period of time determined by the Party of Diminta, and if the person is not taken within the term, the party may refuse the surrender of the person for the same violation of the law.
.,, (4) If the circumstances outside the power block either of the Parties to surrender or take the person to be handed over. The concerned party must notify the other party. In such cases, both parties agree to a new date for the submission and provision of the verse.
PASAL 18
SUBMISSION OF GOODS
.,, (1) As long as it is permissible according to the Law of the Requested Party, if a request for the surrender of the perpetrator of the escaped law is granted, the Party of Diminta:
.,
.,, (a) must submit to the Requested Party of all goods, including a sum of money:
.,, 1) that may be used as proof of such a violation of the law; or
.,, 2) which is already obtained by the person sought as a result of a violation of the law and is in the possession of the person or specified later;
., (b) may, if such goods may be confiscated or deprived in the jurisdiction of the Observed Party in connection with the process of the event still running, detain while such goods or remit them on the terms of the need to be returned.
(2), (2) the provisions of verse (1) shall not harm the rights of the Party of Inta or any person other than the person who is wanted, if there is such rights then the goods upon request must be returned to the Party of Love without Charged as soon as possible after the end of the event.
(3) The (3) Requite Ite (3) is required to be delivered to the Party even if the submission cannot be performed due to the death or otherwise of the person being sought.
PASAL 19
AZAS SPECIFICITY AND RETURN SUBMISSION
.,, (1) A convicted offender who escaped the already remanded will not be prosecuted, convicted, detained or restricted to his personal independence by the Loving Party against any violation of the laws committed before he is handed over. Other than:
.,
.,, a) violation of laws or laws of law that has been approved of its submission;
.,, b) a violation of the law, however its perversion, which at its point equal to the violation of the law which may be submitted, the origin of such a violation of the law is one of the breaches of the law which may be submitted according to this Agreement, and the origin of the law. Such a violation of the law may be criminalised with no more severe criminal than a criminal against a violation of the law for which the person is handed over;
.,, c) any other violation of the law which may be passed according to this Agreement, which is already approved by the Party of Requested to be submitted; unless he has first got the chance to exercise his right to leave the jurisdiction The party to which he had been handed over and he did not perform that right within forty-five days or he voluntarily returned to the jurisdiction after leaving him.
.,, (2) A committed violation of the already handed breach of law shall not be remanded into other jurisdictions against a violation of the law carried out prior to its submission except if:
.,, a) the Party of Requested permits such submission;
(c), (b), (b), (c), (b), (b), (b), (b), (b), (b), (b), (b), (b), (b), (b), It was after leaving.
(3) A party whose consent has been requested under paragraph (1) (b) or (2) (a) This section may request the delivery of any document or statement as referred to in Article 10 and any statement made by the person who submitted to the problem.
PASAL 20
TRANSIT
.,, (1) a person shall be submitted for a legal breach by the third jurisdiction to one party through the jurisdiction of the other. The so-called first must request permission to the other party for the transit of the person.
(2) After receiving the intended request, the party of the party must grant the request unless there is a good reason to reject it.
.,, (3) Permission to transit including permission to hold the person during transit, must be subject to the Law of the Requested Party.
., (4) If a person is being held according to paragraph (3) of this Section, the Party in whose jurisdiction the person is being held may order the person ' s release if his insolvation does not resume in a proper time.
(5) The party to whom a person shall be delivered shall pay back to the other party any charges incurred by the Party regarding transit.
PASAL 21
CHANGES
Any changes to this Agreement may be agreed upon by the Parties and shall apply to the date specified in the exchange of notes written between the Parties, which indicates that all necessary procedures are supplemented by them, including in regards Hong Kong, the affirmation that the sovereign government responsible for foreign affairs with regard to Hong Kong, has already given consent for such changes.
PASAL 22
DISPUTE RESOLUTION
Any disputes arising out of the interpretation or implementation of this Agreement will be resolved through consultation or negotiations between the Parties. If the dispute cannot be resolved through consultation or negotiations between the Parties, it will be resolved through consultation or negotiations between the Government of Indonesia and the sovereign government in charge of affairs overseas with regard to Hong Kong.
PASAL 23
STARTING TO APPLY, TEMPORARY TERMINATION AND TERMINATION OF CONSENT
.,, (1) this Agreement shall begin in effect thirty days after the date on the time the Parties notify each other in writing that the terms of the Agreement have been fulfilled.
.,, (2) the provisions of this Agreement will apply to a request that may be after the effective date of this Agreement without regard to the date of the breach of the law set forth in the request.
., (3) Any Party may cease or terminate this Agreement any time by notifying the other through the channel as set out in paragraph (1) Section 10, the termination will apply at a time. The receipt of the relevant notice.
In the event of termination then this Agreement shall no longer apply on the centennial day of the eighty-after receipt of the notice to terminate the Agreement.
As the evidence signed down below, the full power given by the Government each has signed this Agreement.
Made in a double double in Hong Kong on May 5, Monday a thousand nine hundred ninety-seven in English, English and China each manuscript has the same legal power.
FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA: FOR THE HONG KONG GOVERNMENT:
BAGIR CARRIE YAU
