Abstract
The purpose of this research is to study the consistency and suitability between a law and other laws or between laws and regulations relating to the application of the double criminality principle to corruption. The research was conducted with a normative juridical research type with a statute approach. The legal approach is carried out by examining international conventions, laws and regulations related to the double criminality principle. This approach is necessary for The results of the study are an argument to solve the problems that exist in the formulation of the problem. For this reason, researchers need to find the legal ratio and ontological basis of international laws and conventions. The legislative and ontological ratios will be used as the basis for conceptualizing the implementation of the double criminality principle in the future.
Highlights
Indonesia, as emphasized in Article 2 paragraph (1) and paragraph (2) of LawNumber 1 of 1979 concerning Extradition, expressly states its willingness to extradite criminals, especially criminals who have fled abroad
This is possible in addition to being based on an extradition treaty, based on good relations, but can only be done if Indonesia's interests so desire
In Article 1 of Law Number 1 of 1979 concerning Extradition it is stated that in this Law what is meant by extradition is the surrender by a country to a country requesting the surrender of a person who is suspected or convicted of committing a crime outside the territory of the surrendering country and in in the territorial jurisdiction of the country requesting the surrender because it is authorized to try and convict it (Angkasari, 2014)
Summary
As emphasized in Article 2 paragraph (1) and paragraph (2) of Law. Number 1 of 1979 concerning Extradition, expressly states its willingness to extradite criminals, especially criminals who have fled abroad (fugitives). Number 1 of 1979 concerning Extradition, expressly states its willingness to extradite criminals, especially criminals who have fled abroad (fugitives) This is possible in addition to being based on an extradition treaty, based on good relations, but can only be done if Indonesia's interests so desire. The agreement contains a provision which states that both parties promise each other to hand over criminals who have fled or are found in the territory of the other party This kind of agreement, in ancient times was usually in the form of peace agreements in the context of establishing friendly relations between the parties or in the form of peace agreements in order to end wars. This kind of agreement at that time was used as the legal basis for the parties in resolving cases of criminals who fled across national borders
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