THE PROGRESS OF INDONESIA - SINGAPORE EXTRADITION TREATY AFTER FIVE YEARS SIGNATURE (S000346)

Most of fugitives relating to BLBI (Bank Indonesia Liquidity Support) case, corruption, and money laundry escape to Singapore. Therefore, Indonesia triggers to sign an extradition treaty with Singapore. By this treaty, Indonesia can reach its purposes to return the fugitives and also the assets. The process to reach the agreement has taken long time which is more than 32 years, untill at the end, the _treaty was signed by both states on 27 April 2007 at the Palace Tampaksiring, Bali, Indonesia. Smee the treaty was signed by both parties, it is expected to be implemented as soon as possible. Unfortunatelly, after five years signature, the treaty has not shown any progress. It is indicated that the treaty has not been implemented by both parties, because the treaty has not been ratified by both parties yet.

There are three purposes of this research. Firstly, this research is aimed to comprehend factors that led to Indonesia-Singapore extradition treaty that has not been implemented yet. Secondly, to portray the obligations of both parties toward the extradition treaty binder the International Law perspective. Last is to portray what are the following consequences for both parties, if the treaty has not been implemented soon.

The method that already used in conducting the research is normative legal research which is conducting the research by using library research that mainly using the secondary data with limited field interview. Data obtained from the library research will be processed systematically to attain appropriate description with the research problems. The data subsequently will be analyzed by using qualitative approach. Moreover, it can be acquired objective analysis to answer problems raised.

Based on research finding, there are two factors led to Indonesia-Singapore extradition treaty has not been implemented, which is constitutional requirement and political requirement. According to Article 11 of 1969 Vienna Convention on the Law of .Treaties, Indonesia and Singapore have obligation not to defeat the object and purpose of the extraditon treaty. The silence implementation of the extradition treaty may cause some consequences to Indonesia and Singapore, such as delayed in extradition the fugitives to Indonesia and Indonesia cannot improve its image in regard law enforcement in Indonesia, while Singapore has bad image which is a state as safe-haven for fugitives, and also Singapore cannot take benefit from DCA.

Therefore, this paper recommends that Indonesia should re-negotiate with Singapore, as DCA is a package with the extradition treaty. Indonesian government should train its staff to make sure Indonesia has sufficient negotiators that can represent Indonesia's interest in any negotiation with other state, and Indonesia should increase skill and ability of diplomacy.