EXTRADITION PROCESS IN TRANSNASIONAL CRIMINAL ACT TO FIND PERPETRATORS

Abstract: In some research, it is elaborated that the process of extradition, MLA, Good Mutual Relation are conducted between governments represented by central authority from each state, meanwhile the process of Handing-Over is conducted by police (Ncb-Interpol) of each state. Those for means are conducted in four steps, namely, pre-request, procedure in the requesting state, procedure in the requested state and post-request. In practice, those four are influenced by ten factors: the difference in legal system and legal politics, the existence of agreement between the requesting state and the requested state, clauses and the qualification of the clauses in the agreement of extradition or MLA, formulation of extradition and MLA in international convention, formulation of extradition and MLA in the requested state, relationship of the requesting and the requested states, bargaining position of a state, facility and infrastructure, law enforcer means and Law awareness of law subject.
Keywords: Criminal Law; Extradition Projection, Mutual Legal Assistance (MLA), Mutual Good Relation
Author: Muhamad Rakhmat
Journal Code: jpsosiologigg160027

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