PEMBERLAKUAN, AMANDEMEN DAN PENGAKHIRAN
1. Perjanjian ini harus diratifikasi dan berlaku pada hari ketiga puluh setelah
tanggal pertukaran instrumen ratifikasi.
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1. Perjanjian ini berlaku terhadap permintaan tanpa melihat bahwa tindakan
atau ke-alpaan yang terkait dengan permintaan tersebut terjadi sebelum
Perjanjian ini berlaku.
1. Perjanjian ini dapat diamandemen setiap saat melalui kesepakatan
bersama Para Pihak, amandemen tersebut berlaku dengan prosedur yang
sama dengan pemberlakuan Perjanjian ini
1. Salah satu Pihak dapat mengakhiri Perjanjian ini setiap saat melalui
pemberitahuan tertulis kepada Pihak lain. Pengakhiran akan mulai berlaku
6 (enam) bulan setelah pemberitahuan. Meskipun demikian, segala
permintaan bantuan yang diterima sebelum tanggal penerimaan
pemberitahuan untuk pengakhiran tetap diproses sesuai dengan Perjanjian
ini hingga permintaan tersebut dipenuhi.
SEBAGAI BUKTI, yang bertandatangan dibawah ini, (telah diberi kuasa oleh
masing-masing Pemerintah), telah menandatangani Perjanjian ini.
DIBUAT dalam rangkap dua di Abu Dhabi pada tanggal dua bulan Februari
2014, dalam Bahasa Indonesia, Arab dan Inggris, semua naskah adalah
otentik. Apabila terdapat perbedaan penafsiran, naskah Bahasa Inggris yang
berlaku.
UNTUK PEMERINTAH UNTUK PEMERINTAH
REPUBLIK INDONESIA PERSATUAN EMIRAT ARAB
DR. AMIR SYAMSUDIN R. HADEF BIN JOA' AN
MENTERI HUKUM DAN AL DHAHIRI
HAK ASASI MANUSIA MENTERI KEHAKIMAN
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REPUBLDlINDONESLA
TREATY
ON
MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
BETWEEN
THE REPUBLIC OF INDONESIA
AND
THE UNITED ARAB EMIRATES
The Government of the Republic of Indonesia and the Government of the
United Arab Emirates (hereinafter referred to as "the Parties");
GUIDED by the friendly relations between the Parties;
DESIRING to strengthen the close cooperation between the Parties and
recognizing the need to facilitate the widest measure of Mutual Legal
Assistance in Criminal Matters by improving the effectiveness of the competent
authorities of the Parties in the investigation and prosecution of crimes, and
the confiscation of criminal proceeds and resulting proceedings;
PURSUANT to the prevailing laws of the respective Parties.
HAVE AGREED as follows:
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ARTICLE 1
SCOPE OF ASSISTANCE
1. The Parties shall, in accordance with the provisions of this Treaty, grant
each other assistance in criminal matters.
1. For the purpose of this Treaty, criminal matters mean investigations,
prosecutions or proceedings in relation to any offence which at the time of
the request for assistance, falls within the jurisdiction of the competent
authorities of the Requesting Party.
1. Assistance may be granted in connection with offences against a law
related to taxation, customs duties, foreign exchange control or other
revenue matters.
1. Assistance shall include:
- taking evidence or statements from persons;
- providing information, documents, records and items of evidence;
C. locating or identifying persons or items;
- executing requests of search and seizure;
- making arrangements for persons in custody or others, to give evidence
or assist in criminal investigations, prosecutions, or proceedings in the
Requesting Party;
- tracing, restraining, forfeiting, confiscating and returning the proceeds
and/or instrumentalities of crimes; and
- other assistance deemed necessary by the Requesting Party and
consistent with this Treaty as well as the law of the Requested Party.
1. This Treaty applies solely to the provision of mutual assistance between the
Parties. The provisions of this Treaty shall not create any right on the part of
any private person to obtain, suppress or exclude any evidence or to
impede the execution of any request of assistance.
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ARTICLE 2
EXCHANGE OF INFORMATION
The Parties may exchange information concerning the laws in force and the
judicial practice in their respective countries related to the implementation of
this Treaty.
ARTICLE 3
NON-APPLICATION
1. This Treaty shall not apply to:
- the arrest or detention of any person with a view to the extradition of
that person;
- the enforcement in the Requested Party of criminal judgments imposed
in the Requesting Party except to the extent permitted by the law of the
Requested Party;
- the transfer of persons in custody to serve sentences; and
- the transfer of proceedings in criminal matters.
1. Nothing in this Treaty entitles any Party to undertake in the territory of the
other Party the exercise of jurisdiction and performance of functions that are
reserved exclusively for the authorities of that other Party by its national law.
ARTICLE 4
OTHER ASSISTANCE
This Treaty shall not affect any existing obligations between the Parties,
whether pursuant to other agreements, arrangements, or otherwise, nor
prevent the Parties from providing assistance to each other pursuant to other
agreements, arrangement, or otherwise.
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ARTICLE 5
CENTRAL AUTHORITY
1. The Central Authorities of the Parties shall process requests for mutual legal
assistance pursuant to this Treaty.
1. The Central Authority for the Republic of Indonesia is the Ministry of Law
and Human Rights and the Central Authority for the United Arab Emirates is
the Ministry of Justice.
1. Either Party may change its Central Authority in which case, it shall notify
the other Party of the change.
1. Requests for assistance and communications shall be addressed through
diplomatic channels, for the purpose of this Treaty.
ARTICLE 6
REQUESTS
1. Requests for assistance shall be formally made in writing. In urgent
circumstances, the Central Authority of the Requested Party may accept the
request by facsimile or e-mail, in this case it shall be confirmed within 20
(twenty) days by a formal request through diplomatic channels.
1. Requests for assistance shall include:
- the name of the competent authority conducting the investigation or
criminal proceedings to which the request relates;
- the purpose of the request and the nature of the assistance sought;
- a description of the nature of the criminal matter and its current status,
and a statement setting out a summary of the relevant facts and law,
including the maximum penalty for the offence to which the request
relates;
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- a description of the evidence, information or other assistance sought;
- the reasons for and details of any particular procedure or requirement
that the Requesting Party wishes to be followed;
- specification of any time limit within which compliance with the request is
desired;
- any special requirements for confidentiality and the reasons for it; and
- such other information or undertaking as may be required under the
national law of the Requested Party or which is otherwise necessary for
the proper execution of the request.
1. Requests for assistance may also, to the extent necessary, contain the
following information:
- the identity, nationality and location of the person or persons who are the
subject of the investigation or criminal proceedings;
- the identity and location of any person from whom evidence is sought;
- the identity and location of a person to be served, that person's
relationship to the criminal proceedings, and the manner in which service
is to be made;
- information on the identity and whereabouts of a person to be located;
- a description of the manner in which any testimony or statement is to be
taken and recorded;
- a list of questions to be asked of a witness;
- a description of the documents, records or items of evidence to be
produced as well as a description of the appropriate person to be asked
to produce them and, to the extent not otherwise provided for, the form in
which they should be produced and authenticated;
- a statement as to whether sworn or affirmed evidence or statements are
required;
I. a description of the property, asset or article to which the request relates;
including its location; and
- any court order relating to the assistance requested and a statement
relating to the finality of that order.
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1. All requests and supporting documents shall be accompanied by a
translation into the official language of the Requested Party or English
language and shall be officially signed and sealed by the relevant
authorities.
ARTICLE 7
ADDITIONAL INFORMATION
If the Requested Party considers that the information contained in the request
is not sufficient to enable the request to be dealt with, the Requested Party
may request additional information. The Requesting Party shall supply such
additional information as the Requested Party considers necessary to enable
the request to be fulfilled.
ARTICLE 8
REFUSAL OF ASSISTANCE
1. Assistance shall be refused if:
- the request relates to an offence that is regarded by the Requested Party
as an offence of a political nature;
- the request relates to an offence only under military law;
- the request relates to the prosecution of a person for an offence in-
respect of which the person has been finally convicted, acquitted,
pardoned or has served the sentence imposed in the Requested Party;
- there are substantial grounds for believing that the request for assistance
has been made for the purpose of investigating, prosecuting or punishing
a person on account of that person's race, sex, religion, nationality or
political opinions, or, that the request for assistance will result in that
person being prejudiced for any of those reasons;
- the provision of the assistance would impair the sovereignty, security,
public order or essential interests of the Requested Party.
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1. The Requested Party may refuse assistance if:
- the act or omission alleged to constitute the offence to which the request
relates, would not, if they had taken place within the jurisdiction of the
Requested party, have constituted an offence;
- the provision of the assistance would, or would be likely to prejudice the
safety of any person, whether that person is within or outside the territory
of the Requested Party;
- the request relates to an offence, which is subject to investigation or
proceeding, or a final judgment has been rendered in respect of that
offence, in the requested Party under its own jurisdiction;
- The execution of the request would be contrary to the national law of the
Requested Party.
1. Assistance may not be refused solely on the ground of secrecy of banks
and similar financial institutions or that the offence is also considered to
involve fiscal matters.
1. Before refusing a request, the Requested Party shall consider whether
assistance may be granted subject to certain conditions.
1. If the Requesting Party accepts assistance subject to the terms and
conditions required under paragraph 4 of this Article, it shall comply with
such terms and conditions.
1. If the Requested Party refuses assistance, it shall promptly inform the
Requesting Party of the grounds of refusal.
ARTICLE 9
EXECUTION OF REQUESTS
1. Requests for assistance shall be executed promptly by the competent
authorities of the Requested Party in accordance with the law of that Party
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and, to the extent that law permits, in the manner requested by the
Requesting Party.
1. The Requested Party shall promptly inform the Requesting Party of
circumstances, when they become known to the Requested Party, which
are likely to cause a significant delay in the execution of the request.
1. The Requested Party may postpone the execution of the request if its
immediate execution would interfere with any ongoing criminal matters in
the Requested Party. The Requested Party may also postpone the delivery
of documents if such documents are required for civil proceedings in that
Party, in which case the Requested Party shall, upon request, provide
certified copies of documents.
1. Before postponing the execution of a request, the Requested Party shall
consider whether assistance may be granted subject to certain conditions.
1. If the Requested Party postpones assistance, it shall promptly inform the
Requesting Party of the grounds of postponement.
ARTICLE 10
RETURN OF MATERIAL TO REQUESTED PARTY
When required by the Requested Party, the Requesting Party shall return
material provided under this Treaty when it is no longer needed for the criminal
matter to which the request relates.
ARTICLE 11
CONFIDENTIALITY AND LIMITATION ON USE
1. The Requested Party shall use its best efforts to keep confidential a request
for assistance, the contents of the request and its supporting
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documentation, and any action taken pursuant to the request. If the request
cannot be executed without breaching confidentiality, the Requested Party
shall so inform the Requesting Party before executing the request, and the
Requesting Party shall advise whether it nevertheless wishes the request to
be executed.
1. The Requesting Party shall use its best efforts to keep confidential the
information and evidence provided by the Requested Party, except to the
extent that the evidence and information is needed for the criminal matters
to which the request relates and where otherwise authorized by the
Requested Party.
1. The Requesting Party shall use its best efforts to ensure that the information
or evidence is protected against loss, unauthorized access, modification,
disclosure or misuse.
1. The Requesting Party shall provide assurances that it will not use the
information or evidence obtained, or anything derived therefrom, for
purposes other than those stated in a request without the prior consent of
the Requested Party.
ARTICLE 12
SERVICE OF DOCUMENTS
1. The Requested Party shall, to the extent its law permits, carry out requests
for the service of documents in respect of a criminal matter.
1. A request for service of summons requiring the appearance of a person as a
witness in the Requesting Party shall be made to the Requested Party
within a reasonable time before the scheduled appearance.
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1. The Requested Party shall forward to the Requesting Party proof of service
of the documents. If service cannot be effected, the Requesting Party shall
be so informed and advised of the reasons.
1. A person who fails to comply with any process served on him or her shall
not thereby be liable to any penalty or coercive measure pursuant to the law
of the Requesting Party or the Requested Party.
ARTICLE 13
TAKING OF EVIDENCE OR STATEMENTS FROM PERSONS
1. The Requested Party shall, to the extent its law permits and upon request,
take testimony, or otherwise obtain statements of persons or require them to
produce items of evidence for transmission to the Requesting Party.
1. The Requested Party shall, to the extent its law permits, allow the presence
of such persons as are specified in the request during the execution of
request, and may also allow such persons and their legal representatives to
question the person whose testimony or evidence is being taken. In the
event that such direct questioning is not peimitted, such persons shall be
allowed to submit written questions.
1. A person from whom evidence is to be taken in the Requested Party-
pursuant to a request under this Article may decline to give evidence where
the law of the Requested Party or that of the Requesting Party so provides.
1. If any person in the Requested Party- claims that there is a right or
obligation to decline to give evidence under the law of the Requesting Party.
the Requesting Party shall, upon request, provide a certificate to the
Requested Party as to the existence of that right. In the absence of
evidence to the contrary, the certificate shall be sufficient evidence of the
matters stated in it.
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1. For the purposes of this Article, the taking of evidence includes the
production of documents or other material.
ARTICLE 14
MAKING ARRANGEMENTS FOR PERSONS IN CUSTODY
TO GIVE EVIDENCE OR ASSISTANCE
1. A person in custody in the Requested Party may, at the request of the
Requesting Party, be temporarily transferred to that Party to give evidence
or to assist in criminal proceedings in that Party.
1. The Requested Party shall transfer a person in custody to the Requesting
Party only if:
- the person freely consent to the transfer; and
- the Requesting Party agrees to comply with any conditions specified by
the Requested Party relating to the custody or security of the person to
be transferred.
1. Where the Requested Party advises the Requesting Party that the
transferred person is no longer required to be held in custody, that person
shall be released and be treated as a person present in the Requesting
Party pursuant to a request seeking that person's attendance.
1. The Requesting Party shall return the person transferred in custody to the
Requested Party within 30 (thirty) days, from the date of the said person's
presence in the Requesting Party, or any other period of time as may be
agreed on by the Parties.
1. A person in custody who is transferred shall receive credit for service of the
sentence imposed in the Requested Party for the time spent in custody in
the Requesting Party.
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1. A person in custody who does not consent to give evidence or to assist in
criminal proceedings in the Requesting Party shall not by reason thereof, be
liable to any penalty or coercive measure pursuant to the law of the
Requesting Party or the Requested Party.
ARTICLE 15
AVAILABILITY OF OTHER PERSONS
TO GIVE EVIDENCE OR ASSISTANCE
1. The Requesting Party may request the assistance of the Requested Party in
inviting a person, not being a person to whom Article 14 of this Treaty
applies, to give evidence or provide assistance in the Requesting Party. The
Requesting Party shall undertake to make satisfactory arrangements for the
safety of such person.
1. The Requested Party shall invite the person and promptly inform the
Requesting Party of the person's response. If the person consents, the
Requested Party shall take all necessary steps to facilitate the request.
1. A person who does not consent to give evidence or to provide assistance
under this Article shall not by reason thereof be liable to any penalty or
coercive measure pursuant to the law of the Requesting Party or the
Requested Party.
ARTICLE 16
TRANSIT OF PERSONS IN CUSTODY
1. A Party may, subject to its national laws, authorize the transit through its
territory of a person in custody whose appearance has been requested by
the other Party requesting for such transit.
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1. The Party where the transit takes place shall, subject to its national laws,
have the authority and obligation to make the necessary arrangements for
keeping the person in custody during transit.
ARTICLE 17
SAFE CONDUCT
1. Subject to paragraph 2 of this article, where a person is in the Requesting
Party pursuant to a request made under Article 14 and 15 of this Treaty:
- the person shall not be detained, prosecuted or restricted in his personal
liberty in the Requesting Party for any criminal offence which preceded
his or her departure from the Requested Party;
- the person shall not be subject to civil proceedings to which the person
could not be subjected if he or she were not in the Requesting Party; and
- the person shall not, without his or. her consent-, be required to give
evidence in any criminal proceedings or to assist in any criminal
investigation other than the criminal matter to which the request relates.
1. Paragraph 1 of this Article ceases to apply if that person, being free to
leave, has not left the Requesting Party within a period of thirty (30) days
after he or she has been officially notified that his or her presence is no
longer required or, having left, has returned.
1. A person who consents to give evidence pursuant to Articles 14 or 15 of this
Treaty shall not be subject to prosecution based on his or her testimony,
except for perjury or contempt of court.
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ARTICLE 18
PROVISION OF PUBLICLY AVAILABLE DOCUMENTS
AND OTHER RECORDS
1. The Requested Party shall, upon request, provide the Requesting Party with
copies of publicly available documents or records.
1. The Requested Party may, upon request, subject to its national law, provide
the Requesting Party with copies of any documents or records in the
possession of government departments and agencies that are not publicly
available.
ARTICLE 19
SEARCH AND SEIZURE
1. The Requested Party shall, to the extent its national law permits, carry out
requests made in respect of a criminal matter in the Requesting Party for
the search and seizure.
1. The relevant authority of the Requested Party that had executed a request
for search and seizure shall provide such information in the form as may be
required by the Requesting Party.
1. The Requested Party shall provide such information as may be required by
the Requesting Party concerning the result of any search, the place and
circumtances of seizure and the subsequent custody of the material seized.
1. The Requesting Party shall observe any conditions required by the
Requested Party in relation to any seized material which is delivered to the
Requesting Party.
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ARTICLE 20
PROCEEDS AND INSTRUMENTALITIES OF CRIMES
1. The Requested Party shall, upon request, endeavor to ascertain whether
any proceeds and/or instrumentalities of crimes are located within its
jurisdiction and shall notify the Requesting Party of the results of its
inquiries. In making the request, the Requesting Party shall notify the
Requested Party of the basis of its belief that such proceeds and/or
instrumentalities of crimes may be located in the latter's jurisdiction.
1. Where, pursuant to paragraph 1 of this Article, suspected proceeds and/or
instrumentalities of crimes are found, the Requested Party shall take such
measures as are permitted by its law to prevent any dealing in, transfer or
disposal of, those suspected proceeds and/or instrumentalities of crimes,
pending a final determination in respect of those proceeds by a court of the
Requesting Party.
1. The Requested Party shall, to the extent its law permits, give effect to a final
order forfeiting or confiscating the proceeds and/or instrumentalities of
crimes made by a court of the Requesting Party.
1. In the application of trus Article, the rights of bona fide third party shall be
respected under the law of the Requested Party. Where there is a claim
from a third party, the Requested Party shall represent the interests of the
Requesting Party in seeking to retain the proceeds and/or instrumentalities
of crimes until a final determination by a competent court in the Requesting
Party.
1. The Requested Party shall return the proceeds and/or instrumentalities of
crimes referred to in paragraph 3 of this Article, or the value of the proceeds
and/or instrumentalities, to the Requesting Party, to the extent permitted by
its national laws and upon such terms as it deems appropriate.
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ARTICLE 21
CERTIFICATION AND AUTHENTICATION OF DOCUMENTS
1. Subject to paragraph 2, a request for assistance, the documents in support
thereof, and documents furnished in response to a request, shall not require
any form of certification or authentication.
1. Where, in a particular case, the Requested or Requesting Party requests
that documents be authenticated, the documents shall be duly authenticated
by the relevant authorities.
ARTICLE 22
REPRESENTATION AND EXPENSES
1. Unless otherwise provided in this Treaty, the Requested Party shall make all
necessary arrangements for the representation of the Requesting Party in
all proceedings arising out of a request for assistance and shall otherwise
represent the interests of the Requesting Party.
1. The Requested Party shall meet the cost of fulfilling the request for
assistance except that the Requesting Party shall bear:
- the travel and accommodation expenses and any other allowances of a
person who provides assistance pursuant to a request under Article 14 or
15 of this Treaty;
- fees and expenses of experts and the translation of documents.
1. If it becomes apparent that the execution of the request requires expenses
of an extraordinary nature, the Parties shall consult to determine the terms
and conditions under which the assistance can be provided.
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ARTICLE 23
SETTLEMENT OF DISPUTES
Any dispute arising out of the interpretation, application or implementation of
this Treaty shall be resolved through diplomatic channels if the Central
Authorities are unable to reach agreement.
ARTICLE 24
ENTRY INTO FORCE, AMENDMENTS, AND TERMINATION
1. This Treaty is subject to ratification and shall enter into force on the thirtieth
day after the date of the exchange of the instruments of ratification.
1. This Treaty shall apply to requests whether or not the relevant act or
omission occurred prior to the Treaty entering into force.
1. This Treaty may be amended at any time by mutual consent of both Parties,
such amendments shall enter into force by the same procedure as
applicable for the entry into force of this Treaty.
1. Either Party may terminate this Treaty at any time upon a written notice to
the other Party. Termination shall take effect 6 (six) months following the
notification. However, any request received up to the date of receipt of the
notice to terminate shall continue to be governed by this Treaty until the
request is concluded.
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IN WITNESS WHEREOF, the undersigned, (being duly authorized thereto by
their respective Governments), have signed this Treaty.
DONE in duplicate at Abu Dhabi on the second day of February, 2014, in the
Indonesian, Arabic and English languages. All texts are equally authentic. If
there is any divergence of interpretation, the English text shall prevail.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA THE UNITED ARAB EMIRATES
DR. AMIR SYAMSUDIN DR. HADEF BIN JOA'AN
MINISTER OF LAW AlDHAHIRI
AND HUMAN RIGHTS MINISTER OF JUSTICE
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Salinan naskah resmi
Certified True Copy
: 005/BKlTR/01/2016/CTC
Plh. Direktur Perjanjian Ekonomi dan Sosial Budaya
Kementerian Luar Negeri Republik Indonesia
Acting Director for Economic and Social Cultural Treaties
Ministry of Foreign Affairs of the Republic of Indonesia
Tanggal Januari 2016
Date