Transnational Crime and Extradition Challenges of Criminal Law in the Global Era

Abstract

This study analyzes the implementation of Law No. 1 of 1979 concerning Extradition in facing the challenges of transnational crime in Indonesia, especially related to international collaboration and the influence of bilateral agreements. Globalization has increased transnational crime, including narcotics, money laundering, terrorism, and human trafficking, so that extradition has become an important instrument in criminal law enforcement. This study uses a normative legal approach, by examining the provisions of extradition law and the challenges faced, including differences in legal systems, jurisdictional limitations, and obstacles related to human rights. The results of the study show that Law No. 1 of 1979 regulates extradition based on bilateral agreements or the principle of reciprocity. However, the main obstacles include the limitations of extradition agreements with a number of countries, as well as differences in legal principles that often hinder extradition requests. Another challenge is the issue of human rights, where Indonesia refuses extradition if the requesting country applies the death penalty or torture. This study recommends increased diplomacy to expand extradition agreements, active participation in international forums, and human rights protection clauses in bilateral agreements.

In conclusion, the effectiveness of law enforcement against transnational crimes through extradition can be improved by expanding bilateral agreements, strengthening international collaboration, and accommodating human rights standards in extradition policies. These steps are necessary to ensure that transnational criminals cannot escape legal responsibility.