Published March 10, 2024 | Version v1
Journal article Open

The Implementation Of Retroactive Principles In Extradition Treaties Is Viewed From The Aspect Of Constitutional Law

Description

The retroactive implementation of the principle in the extradition treaty between Indonesia and Singapore in 2022 aims to return corruptors who fled to Singapore. The retroactive application of this principle is retroactive to 18 years, meaning that corruptors who committed crimes before the treaty was ratified can be extradited and processed in accordance with applicable law. Judging from the aspect of constitutional law, the implementation of these principles and agreements must be adjusted to the laws and regulations in force in Indonesia, in other words, the Indonesian government must immediately make legislation derived from this agreement, so that in prosecuting corruptors there is a legal basis. In general, constitutional law has the authority, namely regarding matters related to the state, meaning that anything that is bound by the state can be said to be still within the scope of constitutional law discussion. Both in the form of constitutional structures, institutions in the state or the relationship of one organ with certain organs in the state, and discusses the relationship between state structures and citizens. In relation to constitutional law, it is known that there are two functions of Indonesian constitutional law, namely as a legal basis for the establishment of the Indonesian national legal system and also as a legal basis for the formation of organizational structures and work relations in the Republic of Indonesia 

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