Rita A. Widiadana and Ridwan M.Sijabat, Tampak Siring, Bali – After 35 years of negotiations, Indonesia and Singapore signed the landmark extradition and defense agreements here Friday.
President Susilo Bambang Yudhoyono and Singapore Prime Minister Lee Hsien Loong witnessed the signing of the agreements by Indonesian Foreign Minister Hassan Wirayuda and his Singaporean counterpart George Yeo at Tampak Siring State Palace near Ubud, Bali.
The signing of the Extradition Treaty marked a significant advance in legal and political cooperation between the two countries and a chance to create good governance and combat corruption and other types of crime.
In addition to the signing of the Extradition Treaty, Indonesia and Singapore also signed the Defense Cooperation Agreement (DCA) and the Implementation of Military Training Area agreement.
The DCA, signed by Indonesian Defense Minister Juwono Sudarsono and Singapore Defense Minister Teo Chee Hean, is a continuation of the military cooperation conducted between l995 and 2003.
"Indonesia really gains from the signing of this treaty because it is part of our efforts to enforce the law against fugitives, or individuals suspected of committing crimes," Yudhoyono said in a joint press conference.
The President further said that the Extradition Treaty was retroactive, meaning that all types of crimes committed up to 15 years back can be processed under the agreement. "We all know that before and after the economic crisis in Indonesia (in 1997), a number of people had committed financial crimes and fled to foreign countries with their money. The treaty will allow us to legally process them and to process asset recovery," Yudhoyono added.
Singapore has long been regarded a safe haven and refuge for Indonesian corruption suspects and "black conglomerates", as businesses that misuse government funds are known.
The treaty covers a list of 31 crimes, including financial crimes, bribery, corruption, bank fraud and money laundering. The treaty also touches on terrorism and terrorism funding.
Hassan said the treaty was open to the addition of new types of crime. "Trans-national crime and cyber crimes could be included. The world is dynamic and crime comes in many new forms, unrecognized in the past," the minister added.
Indonesia has signed extradition treaties with a number of countries, including Australia, Hong Kong, Malaysia, Thailand and the Philippines.
"After signing the treaty with Singapore, Indonesia is now seeking an extradition agreement with China and Canada," Yudhoyono said. The President also said the DCA "is not a military pact".
The DCA will widely regulate defense cooperation including military training of both the Indonesian Military (TNI) and the Singaporean Armed Forces. Within this framework of cooperation, Indonesia will provide facilities, such as certain air space and marine areas within Indonesian legal territory, to Singapore to be used as military training areas with the agreement of the Indonesian government. On the other hand, the TNI may use Singaporean territory as a training area under the same conditions. The DCA will regulate monitoring systems of every military training activity involving the defense ministers and commanders in chief and other high-ranking military officials of both countries.
The DCA also includes cooperation to secure the Malacca Strait and to establish an ASEAN Security Community.
"One of the clear benefits to Indonesia is wide access to the modern and high-tech military facilities of Singapore's army and to enhance professionalism among Indonesian military members," the President said.
Both the Extradition Treaty and DCA will only become effective after the countries ratify them in accordance to their respective legal systems. The DCA will be valid for 25 years and will be reviewed every six years after it has been implemented for 13 years.
Pointers of the extradition treaty:
1. A list of 31 crimes that could be extradited by both countries. It includes all kinds of corruption, printing of fake money, banking frauds, violations of the corporation law and the bankruptcy law, terror acts and financing of terrorism.
2. The list will be renewed with new kinds of crimes 3. The extradition is retrospective since the past 15 years 4. The extradition is also effective for foreigners and those who were Indonesian whey they committed the crimes.