ROLES OF THE MUTUAL LEGAL ASSISTANCES AND EXTRADITION AGREEMENTS IN THE ASSETS RECOVERY IN INDONESIA

Abstract

International agreement is a considerably important prerequisite to effectuate the recovery of assets generated by corruptive practices abroad. Mutual Legal Assistance (MLA) and Extradition isa frequently applied instrument in International law between states as the keystone of understanding for the assets recovery. Beside those provisions there are several international provisions prescribed by the United Nations Convention against Corruption, 2003 (UNCAC 2003) which shall be adopted and implemented in the legislative instruments in Indonesia. In order to effectuate the assets recovery among others, the regulation on Illicit Enrichment, Trading in Influence, bribery of foreign public officials and officials of Public international organizations, bribery in the private sector and other provisions which supposed to be regulated in the Indonesia’s laws and regulations. There are several MLA and Extradition agreements that have been carried out by The Government of Indonesia with the other countries in the framework of asset recovery generated by the Criminal Acts particularly the corruption the corruptions however the MLA’s implementations has not been genuinely optimal, not only in extraditing the perpetrators to be and trialed in Indonesia but also the assets recovery generated from criminal acts. These have obviously indicated that the role of MLA agreement must be carefully observed in the formulation not ably concerning the substances and other provisions regulating the implementation of the agreements in order to be concluded by the signing states occur of the MLA and Extradition agreements.