Extradition pact 'will not solve Jakarta's problems'

The Straits Times, February 28, 2007


JAKARTA - INDONESIA should tackle the root problems of rampant corruption and weak legal enforcement in the country, rather than hoping that an extradition treaty with Singapore will solve its problems.

The obstacles to having an extradition treaty with Singapore do not lie in its position in negotiations, according to a commentary published in the Jakarta Post.

Rather, they lie at home, said Dr Huala Adolf, a lecturer in the Faculty of Law at the University of Padjadjaran in Bandung.

Arguing that an extradition treaty would not be effective if the underlying problems were not resolved, he added: 'We should ask why official corruption is so rampant and why enforcement is so weak.

'There have been many cases where the suspects, despite having been arrested by law enforcement officers, have easily left the country...it is an open secret that a person banned from travelling out of the country can easily pass through many Indonesian ports to easily leave the country.'

Another reason the extradition treaty with Singapore will not be effective, he wrote, is that those being targeted in anti-corruption efforts are mostly well-educated and smart.

'Singapore is in fact not the only safe haven to conceal their assets. They could transfer their assets to any nation or foreign bank,' he said.

'There has been no convincing evidence that the extradition treaty will successfully return ill-gotten assets to Indonesia.

'Indonesia has already signed numerous bilateral extradition treaties with many countries, including Malaysia, the Philippines and Hong Kong. There is no data to suggest the signing of these treaties has proven successful in bringing these assets back.'

Another reason an extradition treaty would not be easily effective is that it has to deal with Singapore's legal system, Dr Huala said.

Even if the treaty does come into effect, the transfer of a criminal or suspect must first of all meet requirements for the transfer of prisoners set out in Singapore's laws.

This process should be understood by Jakarta, he said.

In another commentary also carried in the Jakarta Post on Monday, communications lecturer Ardimas Sasdi of Gadjah Mada University in Jakarta said that Singapore has given various explanations for not signing the extradition treaty.

'Singapore will never sign an extradition treaty with Indonesia,' the commentary quoted an executive of an Indonesian company as saying.

'It is hard to imagine why Singapore would be willing to take such a risk. The crooked tycoons would just pack their bags and take their money to safe places elsewhere. Singapore, of course, cannot accept this reality as it would severely affect its economy.'

Mr Ardimas suggested that Indonesia could design a more systematic and organised information campaign because the current uproar, which he expected to die down soon, is not enough to force Singapore to listen.