SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 33, 2006 | (Explanation in Additional Sheet State Republic Indonesia Number 4621) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 8 YEAR 2006
ABOUT
AUTHORIZATION OF THE AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND
THE PEOPLE ' S REPUBLIC OF CHINA REGARDING LEGAL ASSISTANCE
RECIPROCITY IN CRIMINAL MATTERS
(TREATY BETWEEN THE REPUBLIC OF INDONESIA AND
THE PEOPLE ' S REPUBLIC OF CHINA ON MUTUAL LEGAL
ASSISTANCE IN CRIMINAL MATTERS)
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that in order to achieve the objectives of the Republic of Indonesia as set forth in the Opening of the Constitution of the Republic of Indonesia Year 1945, that is to protect the entire nation of Indonesia and all of Indonesia's blood spills, advance General welfare and the study of the nation's lives and to participate in the world order that is based on eternal peace, and social justice, the Government of the Republic of Indonesia as part of the international community doing the same relationship. international which is embodied in the international agreement;
., b. that the development of science and technology in particular in the areas of transport, communication, and information, in addition to having a positive impact also has a negative impact: the onset of criminal acts that no longer recognize the jurisdiction of the jurisdiction. country so that its countermeasures and gifts require effective cooperation between countries that are effective both bilateral and multilateral;
., c. that cooperation in the legal field between the Republic of Indonesia and the People's Republic of China is already running and to further strengthen such cooperation, then on 24 July 2000 the two countries signed an Agreement between the Republic of Indonesia. and the People ' s Republic of China regarding the Help of the Timbal Law Behind the Criminal Issues (Treaty Between Republic of Indonesia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters);
., d. that the Government of the Republic of Indonesia needs to validate the Agreement between the Republic of Indonesia and the People's Republic of China on the Help of the Timbal Law Behind the Criminal Issues (Treaty Between the Republic of Indonesia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters) with Undang-Undang;
., e. that based on the consideration of the letter a, the letter b, the letter c, and the letter d, need to form an Act on the Unrest of the Agreement between the Republic of Indonesia and the People's Republic of China regarding the Help of the Timbal Law in the United States. Criminal Issues (Treaty Between the Republic of Indonesia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters);
.,, Given: 1. Section 5 of the paragraph (1), Article 11, and Article 20, the Basic Law of the Republic of Indonesia of the Republic of Indonesia of 1945;
., 2. Act No. 37 of the Year 1999 on Foreign Relations (State Gazette of the Republic of Indonesia in 1999 No. 156, Additional Gazette of the Republic of Indonesia Number 3882);
., 3. Law No. 24 Year 2000 on International Covenant (State of the Republic of Indonesia 2000 Number 185, Additional Gazette of the Republic of Indonesia No. 4012);
With Shared Consent
REPRESENTATIVE COUNCIL OF THE INDONESIAN PUBLIC PEOPLE
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
.,, SET: LEGISLATION ON RATIFICATION OF THE AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND THE PEOPLE 'S REPUBLIC OF CHINA REGARDING THE ASSISTANCE OF RECIPROCITY LAWS IN CRIMINAL MATTERS (TREATY BETWEEN THE REPUBLIC OF INDONESIA AND THE PEOPLE' S REPUBLIC OF CHINA ON "MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS").
Section 1
Ratify the Treaty between the Republic of Indonesia and the People's Republic of China on Mutual Legal Assistance in Criminal Issues (Treaty Between the Republic of Indonesia and the People's Republic of China on Mutual Legal Assistance in Criminal Law) Matters) signed on July 24, 2000 in Jakarta whose copy of the original manuscript is in Indonesian, Chinese, and English as attached and is an inseparable part of this Act.
Section 2
This Act goes into effect on the promulgable date.
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 April 18, 2006
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on April 18, 2006
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
HAMID AWALUDIN
ADDITIONAL
STATE SHEET RI
| No. 4621 | (Explanation Of 2006 State Sheet Number 33) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 8 YEAR 2006
ABOUT
AUTHORIZATION OF THE AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND
THE PEOPLE ' S REPUBLIC OF CHINA REGARDING LEGAL ASSISTANCE
RECIPROCITY IN CRIMINAL MATTERS
(TREATY BETWEEN THE REPUBLIC OF INDONESIA AND
THE PEOPLE ' S REPUBLIC OF CHINA ON MUTUAL LEGAL
ASSISTANCE IN CRIMINAL MATTERS)
I. UMUM
., in order to achieve the country's objectives of the Republic of Indonesia as set forth in the opening of the Constitution of the Republic of Indonesia Year 1945, which is to protect the entire nation of Indonesia and all of Indonesia's blood spills and advance General welfare, study of the nation's lives, and participate in order of the world which is based on independence, eternal peace and social justice, the Government of the Republic of Indonesia as part of the international community doing relations. the international cooperation embodied in the international agreement.
.,, the development of science and technology in particular in the fields of transport, communication, and information, in addition to having a positive impact also has a negative impact that is the onset of criminal acts that no longer recognize the jurisdiction of the jurisdiction. The country is therefore a countermeasure and its foundation is required for effective cooperation between countries that are effective both bilateral and multilateral.
.,, the growing bilateral relations between the Republic of Indonesia and the People ' s Republic of China in particular in the areas of economy and trade, as well as human traffic between the two countries in addition to bringing positive impacts also brought a negative impact, which if not immediately dealt with will be able to undermine the relationship between the two countries that have been well-established.
.,, aware of the fact, the Government of the Republic of Indonesia and the Government of the People ' s Republic of China hold a reciprocity legal aid agreement in criminal matters which had been signed on July 24, 2000 in Jakarta. The agreement is felt particularly important to strengthen effective cooperation in the legal field with the basis of mutual respect for sovereignty, equality, and mutual benefit marked by the visit of China ' s Prime Minister to Jakarta on the month August 1990.
.,, as for the form of the Mutual Timbal Legal Aid in such Criminal Issues, includes:
1. The retrieval of the evidence/evidence and to get a statement from the person;
2. The granting of official documents and other legal records related;
3. The location and identification of the person;
.,, 4. implementation of requests for investigation and seizure and removal of evidence items of documents and goods;
5. attempts to move the outcome of the crime;
., 6. attempt to consent from the person willing to give testimony or assist the inquiry by the Requested party and if the person is in custody arrange a temporary transfer to the Requiver;
7. Delivery of documents;
.,, 8. perform expert assessment, and notice the results of the criminal event process; and
., 9. Other assistance in accordance with the purposes of this Agreement which is not in conflict with the State of the Requested Law. To further enhance the effectiveness of cooperation in countermeasures of criminal conduct especially transnational, then the implementation of the general principles of international law which emphasized the principle of respect for the sovereignty of law and sovereignty. The state must refer to a double criminality.
.,, the Treaty of Assistance of the Timbal Laws in this Criminal Issue was agreed not to list the list of crimes.
.,, some important parts of the Agreement between the Republic of Indonesia and the People ' s Republic of China are:
1. Assistance Rejection (Article 4)
.,
.,, the Mutual Timbal Legal Assistance Agreement in the Criminal Issue regulates the rights of the States of the Parties especially the State of Diminta to deny the request of assistance. The rights of the State are required to refuse to provide an absolute (in the sense that it must refuse) or not absolute (in a sense that it may refuse).
.,, the Right of State Requested to reject the absolute one is based on the general principles of international law that are in an international treaty related to the criminal justice process, among others relating to prosecution. Or a criminal activity set in political background, military criminal, expired prosecution, and nebis in idem. The rights of the State are required to reject the request of an indecisive aid based on the principle of retensities. This principle is particularly decisive in the face of criminal acts committed outside the State of the Inta Territorial Crime and is not regulated by the laws of the State of the Inta or against a criminal offence, which is threatened with a death criminal.
2. Presenting Prisoner/Inmate to Give Testimony (Article 12)
.,
.,, in the case of the consent of the prisoner/convict, then the prisoner/convict if requested by the State of the Lover may be temporarily moved to the State of the inta to testify in the judicial process and be returned at the time That's what you're doing.
3. Protection for Witness and Expert (Article 13)
.,
(A witness or expert) who has agreed to give testimony or a statement must be guaranteed a security protection that is a guarantee not to be detained, charged, or convicted in the State of the Love for a criminal offence. Before the witness or the expert leaves the State of Diminta, if the witness or expert is asked to be presented in the State of the inta, unless the witness or the expert commits a criminal offence at the time of giving testimony of perjury, The false statement, or the contempt of court. Witnesses or experts will lose the protection granted if they do not leave the State of the Inta in a period of 15 (fifteen) days after they were notified by judicial officials that their presence is no longer necessary.
., 4. Privacy Protection and Usage Restrictions and Evidence and Information Restrictions (Section 16)
.,, in the conduct of this Agreement, the request for assistance must be guaranteed its secrecy, both by the State of Diminta and the State of Love.
5. Start its Perp and Finally the Agreement (Article 25)
.,
., a., a. The agreement begins in effect 30 (thirty) days after each party notifying it in writing to the other that the terms of each party for the agreement be fulfilled.
., b. The agreements apply for a term of 5 (5) years and will automatically remain in effect, unless cancelled by one party through written notice 3 (three) months prior to the end of the agreement.
., c. The end of the agreement does not affect the completion of any ongoing activities.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
Attachment ... (Agreement Text)
