Article 2
(1) Extradition shall be conducted based on a treaty.
(2) If there is lack of treaty as referred to in paragraph (1), an extradition may be conducted based on good relationship and if the interest of the Republic of Indonesia requires it.
Article 3
(1) An extraditable person shall be a person who is requested by a competent authority from a foreign country because suspected to commit a crime or to serve the sentencing or an order of arrest.
(2) An extradition may also be conducted against a person suspected to commit or has been sentenced because conducting an attempt, providing assistance and conspiration to commit said crime as referred to in paragraph (1), only if said attempt, assistance and conspiration may be punished under domestic laws of the Republic of Indonesia and the Requesting Country in requesting extradition.
Article 4
(1) Extradition shall be conducted against offences that are listed in the list of offences as attached as an integrated transcript of this Law.
(2) Extradition may also be conducted based on policy of the requested country against other offences excluded in the list.
(3) Thru Government Regulation, list of offences as referred to in paragraph (1) may be added with other types of offences based on the Law is determined as an offence.
Article 5
(1) Extradition shall not be conducted against political offences.
(2) Offences that are actually more severe than conventional crimes of political character shall not be considered as political offences.
(3) On certain types of political offences, the offenders may also be extradited only if it is agreed between the Republic of Indonesia and a county concerned.
(4) The murder or an attempt to murder the Head of State or his or her family shall not be considered as political offence.
Article 6
Extradition against offences under military offence law that are not offences based on penal code shall not be conducted unless if a treaty determines otherwise.
Article 7
(1) A request for extradition against national of the Republic of Indonesia shall be refused.
(2) An exemption of the provision of paragraph (1) may be conducted if a person concerned because of circumstance is better to be adjudicated in a place whereby an offence was committed.
Article 8
A request for extradition may be refused if an offence charged was committed completely or partially within territory of the Republic of Indonesia.
Article 9
A request for extradition may be refused if a requested person is being processed in territory of the Republic of Indonesia for similar offence.
Article 10
A request for extradition shall be refused if a judgment issued by the competent Court of the Republic of Indonesia against an extraditable offence has had final legal binding already.
Article 11
A request for extradition shall be refused if a person requested to be extradited has been adjudicated and discharged or has served the sentencing in other country upon an offence that is requested for extradition.
Article 12
A request for extradition shall be refused if under domestic laws of the Republic of Indonesia the right to prosecute or the right to execute the court judgment has been expired.
Article 13
A request for extradition shall be refused if an offence that is requested for extradition is imposed with capital punishment under domestic law of the requesting country but under domestic law of the Republic of Indonesia this offence shall not be imposed with capital punishment or capital punishment is not always be conducted, unless if the requesting country provides sufficient guarantee to convince that capital punishment will not be executed.
Article 14
A request for extradition shall be refused if according to a competent authority there is reasonable ground that a person who is requested for extradition will be prosecuted, sentenced or charged with other act that relates with his or her religion, political ideology, or nationality, or because he or she is certain ethnic or race.
Article 15
A request for extradition shall be refused if a person who is requested for extradition will be prosecuted, sentenced or detained because of other crime committed that is not requested for extradition, unless based on an approval of the President.
Article 16
A request for extradition shall be refused if a person who is requested for extradition will be surrendered to the third party for other crime committed prior he/she is requested for extradition.
Article 17
A request for extradition that has met requirements shall be suspended if a person who will be requested for extradition is being prosecuted or adjudicated or served the sentencing for other crime committed in Indonesia.
