I. INTRODUCTION 

Indonesia is committed to cooperating widely with foreign jurisdictions in combating crime by providing mutual legal assistance (MLA) in criminal matters under Indonesian Law Number 1 Year 2006 on Mutual Legal Assistance (Law 1/2006). The Minister of Law and Human Rights is the official authority, or the Central Authority of the Government of the Republic of Indonesia. An appeal for assistance must be related to an investigation, prosecution or examination before a court in accordance with the state law provision and required regulations of the requesting state. Mutual legal assistance may be provided based on a treaty, but in the absence of treaty the assistance may be provided based on good relationship under the reciprocity principles (with other forms of statement of the reciprocity). Dual criminality is mandatory for extradition. The requirement is conduct-based, and this conduct must be summarised in request documents. Indonesia has the discretion to refuse a request under Article 7 (a) Law 1/2006 on MLA.

II. CENTRAL AUTHORITY – CONTACT INFORMATION 

Based on article 9 Law 1/2006 on MLA, acting for Central Authority is the Minister of Law and Human Rights. Documents and letters of requests to Indonesia for MLA under the MLA law may be submitted to:

H.E. Minister for Law and Human Rights 

Directorate General of Legal Administrative Affairs 

JL. H.R. Rasuna Said Kav. 6-7  Jakarta 12940 Indonesia 

Telephone: +62 21 520 23 91 

Facsimile: +62 21 526 10 82 

The Technical Unit under Directorate General for Legal Administrative Affairs deals with legal assessment, drafting, and communication:

Directorate of International Law and Central Authority 

JL. H.R. Rasuna Said Kav. 6-7 AHU Building, 7th Floor 

Jakarta 12940 Indonesia 

Telephone: +62 21 5221619 

Facsimile: +62 21 52963996 

Email: direktorathi@gmail.com 

III. STEPS TO FOLLOW WHEN SEEKING MUTUAL LEGAL ASSISTANCE FROM THE REPUBLIC OF INDONESIA 

Step 1: CONSULT WITH THE CENTRAL AUTHORITY BEFORE SUBMITTING THE REQUEST 

The Central Authority (Minister of Law and Human Rights) may request additional information if the request document does not give sufficient information to approve under requirement. Contact officers will be available to support the assessment process.

Step 2: ENSURE THE REQUEST IS PROPORTIONATE TO THE ALLEGED CRIME 

Please ensure that the request for assistance is proportionate to the level of crime being investigated. Given the limited resources available to law enforcement and prosecuting authorities in the Republic of Indonesia, requesting states are urged to consider the need for the evidence in question. If significant resources will be required to execute a request and the offence being investigated is very minor, the request may be given low priority.

Step 3: INDICATE THE MECHANISM USED TO SEEK ASSISTANCE 

In drafting your request, begin by clearly identifying the treaty, convention (UNCAC, UNTOC, OECD Anti-Bribery Convention, other) or other avenue of cooperation being referred to in seeking the assistance from the Republic of Indonesia.

Step 4: IDENTIFY THE AUTHORITY CONDUCTING THE INVESTIGATION / PROSECUTION 

The Investigator and Prosecutor who deal with the criminal investigation or prosecution in Indonesia are:

a. Indonesian National Police (INP) attn. International Relation Division

b. Attorney General Office of the Republic of Indonesia, Legal Bureau, and

c. Corruption Eradication Commission (KPK).

Step 5: SUMMARISE THE CASE 

Provide a detailed outline of the case under investigation or prosecution, including a summary of the evidence that supports the investigation/prosecution.

Step 6: SET OUT THE APPLICABLE LEGAL PROVISIONS 

Identify and set out the verbatim text of all relevant legal provisions under investigation and/or prosecution, including applicable penalties.

Step 7: IDENTIFY THE ASSISTANCE BEING SOUGHT 

Scope of assistance:

a. identifying and locating persons

b. obtaining statements or other forms thereof

c. providing documents or other forms thereof

d. making arrangements for persons to provide statement or to assist in the investigation

e. delivering letters

f. executing the inquiry of search warrant and seizure

g. the forfeiture of proceeds of crime

h. the recovery of pecuniary penalties in respect of the crime

i. the restraining of dealings in property, the freezing of property that may be recovered or confiscated, or that may be needed to satisfy pecuniary penalties imposed, in respect to the crime

j. locating property that may be recovered, or may be needed to satisfy pecuniary penalties imposed, in respect to the crime, and/or

k. other assistance in accordance with Procedural Law in Indonesia.

Step 8: HIGHLIGHT ANY SPECIFIC CONFIDENTIALITY REQUIREMENTS

General requirements:

o Article 28 Republic of Indonesia MLA Law Number 1 of 2006 

(1) the Request for Assistance must include the following:

• a. the purpose of such request and a description of requested assistance
• b. the name of Agency and Official conducting the investigation, prosecution or examination before the court related with said request
• c. description of the crime, case settlement phase, statutory provisions, content of articles and sanctions imposed
• d. description of the act or condition being alleged as criminal, except in case of the request for Assistance for conducting service of process
• e. relevant judgment and information that such judgment has permanent legal force in the event of the request for assistance to execute a judgment
• f. details of specific procedures or requirements desired to be complied with, including information concerning whether or not legal means of proof required are to be made under oath or pledge
• g. requirement, if any, concerning confidentiality and the reason therefore, and
• h. the desired time limit for carrying out said request (if required).

(2) The request for assistance, to the extent that it is necessary and possible, must also contain the following:

• a. the identity, citizenship, and domicile of the Person deemed able to provide statement or depositions related with the investigation, prosecution and examination before the court
• b. a description concerning the requested statement or deposition
• c. a description concerning required documents or other legal means of proof articles to be submitted, including a description concerning the Person deemed able to provide such evidence, and
• d. information concerning expenses and accommodations required from the Person requested to be present in said Foreign State.

o Assistance for conducting search and seizure of goods, articles or assets 

(1) Requesting states may submit the request for assistance to the Minister for conducting search warrant and seizure of goods, articles or assets existing in Indonesia based on warrant and/or court stipulation for the purpose of investigation or examination before the court.

(2) In addition to the obligation to meet requirements as referred to in Article 28, the request as intended in paragraph (1) must also enclose the search and seizure warrants issued by competent officials in the requesting states.

o Assistance for conducting search and seizure of goods, articles or assets 

In addition to the obligation to meet requirements as referred to in Article 28, the request as intended in paragraph (1) must also enclose the search and seizure warrants issued by competent officials in the requesting states.

o Assistance for following up court decision of the requesting state 

In addition to requirements as referred to in Article 28, the request for assistance must also include the following:

a. description of said assets

b. location of assets, and

c. certificate of ownership.

Step 9: IDENTIFY ANY URGENCY IN THE EXECUTION OF THE REQUEST 

Step 10: PROVIDE A LIST OF RELEVANT CONTACT POINTS IN YOUR COUNTRY 

Step 11: TRANSLATE THE REQUEST 

Letters of request for assistance, supporting documents, information or other communications drawn up in the language of the requesting state and/or in English and the Indonesian translation (Bahasa Indonesia) thereof shall be made.

Step 12: LIMITATIONS ON USE OF EVIDENCE PROVIDED 

Note that any evidence that the Republic of Indonesia provides in response to a mutual legal assistance request may only be used for the specific purpose stated in the request. If further use of the evidence is required, your country must first seek the Republic of Indonesia consent.

Note:

* excerpted from: REQUESTING MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM G20 COUNTRIES: A STEP-BY-STEP GUIDE 2012

Requesting Mutual Legal Assistance in Criminal Matters from G20