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All Journal Veritas et Justitia Indonesian Journal of International Law
Parthiana, I Wayan
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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REFUGEE AND EXTRADITION: COULD A REFUGEE BE EXTRADITED? Parthiana, I Wayan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2185.724 KB)

Abstract

Refugees are people who are basically forced to leave their homes because of security threats and threats to safety of body and soul, go to another place which he considered safer. There are refugees who fled within the territory of his own country but it is not uncommon that they cross state boundaries. But among so many refugees who cross national borders, sometimes there are some who (allegedly) as a criminal in their home country or in third countries. He used the privileged of becoming refugees in order to avoid criminal charges of the country that has jurisdiction over his crimes. These type of refugees or called illegal refugees, could be extradited as long as they met the principles and rules of law on extradition. While the legal refugees could not be extradited because they are not criminals except if recently it was discovered that they are criminals.
BEBERAPA MASALAH DALAM PENGIMPLEMENTASIAN KEWAJIBAN NEGARA INDONESIA DI BAWAH PERJANJIAN INTERNASIONAL KE DALAM HUKUM NASIONAL INDONESIA Parthiana, I Wayan
Veritas et Justitia Vol. 3 No. 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i1.2529

Abstract

Indonesia had been involved in the making of quite a number of international treaties and had also ratified a certain number of treaties. The State’s international obligations and rights stipulated by those treaties at a certain point must be implemented by and through the national legal system. Two issues identified are how to situate or place international treaties within the hierarchal order of the Indonesian legislation and, secondly, how those international rights and obligations (as found in treaties) should be harmonized (and incorporated) into the national legal system. The author shall present a general overview of those issues and offer some recommendations for change.
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