Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Reformulasi Ekstradisi terhadap Kejahatan Lintas Batas Negara di Era Globalisasi (Studi Kasus Warga Negara Rakyat Republik Tiongkok dengan Taiwan)

Said, Yusuf Muhamad (Unknown)
Alaidid, Muannas (Unknown)
Huda, Misbahul (Unknown)
Havid, Dian Priheryanti (Unknown)



Article Info

Publish Date
01 Jul 2025

Abstract

Indonesia's extradition laws, particularly Law No. 1 of 1979, face challenges in the globalization era, especially with cross-border crimes involving citizens from China and Taiwan. The current civil law and administrative procedure system allows for significant government subjectivity, unlike common law systems that prioritize due process and judicial decisions, where individuals can refuse extradition. This was evident in Indonesia's rejection of Taiwanese citizens' extradition to China and Hendra Rahardja's refusal from Australia, highlighting the need to curb politically motivated or unjust refusals. Therefore, reform of Extradition Law No. 1 of 1979, specifically Article 14, is crucial. This reform should enhance legal certainty, reduce subjectivity, and uphold national sovereignty and justice principles. It must also embrace a "living law" concept, aligning with societal values and ensuring practical benefits. Furthermore, Indonesia should actively champion an ASEAN extradition convention with common standards, particularly for sophisticated cybercrime, drawing inspiration from the European Union's model.

Copyrights © 2025






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...