Statute Details
- Title: Extradition (Republic of Indonesia) Notification 2024
- Act Code: EA1968-S216-2024
- Type: Subsidiary Legislation (SL)
- Status: Current version (as at 27 Mar 2026)
- Commencement: 22 March 2024 at 4.01 a.m.
- Enacting Authority: Minister for Law (made under powers in the Extradition Act 1968)
- Authorising Act: Extradition Act 1968
- Key Provisions (from extract): Sections 1–2; Schedule (Treaty text)
- Instrument Number: No. S 216
- Made Date: 31 January 2024
What Is This Legislation About?
The Extradition (Republic of Indonesia) Notification 2024 is a Singapore legal instrument that activates and tailors the operation of Singapore’s Extradition Act 1968 in relation to the Republic of Indonesia. In practical terms, it tells Singaporean authorities that, for extradition requests involving Indonesia, the Extradition Act will apply—subject to the specific terms of the treaty between Singapore and Indonesia for the extradition of fugitives.
Extradition is a cross-border legal process where one state seeks the surrender of a person located in another state, typically to face criminal prosecution or to serve a sentence. Singapore’s extradition framework is primarily set out in the Extradition Act 1968. However, the Act does not operate in a vacuum: it is designed to be applied in relation to particular countries based on treaties and notifications. This Notification is the mechanism by which the Singapore government formally recognises and gives effect to the relevant treaty with Indonesia.
In plain language, this Notification does two things. First, it sets the commencement date and citation. Second, it states that the Extradition Act (with specified exceptions) applies to Indonesia, but only in the manner consistent with the treaty provisions scheduled to the Notification. The treaty entered into force on 22 March 2024, and the Notification aligns Singapore’s domestic legal operation with that international timeline.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification and timing of the instrument. It states that the Notification is the “Extradition (Republic of Indonesia) Notification 2024” and that it comes into operation on 22 March 2024 at 4.01 a.m. This is important for practitioners because extradition proceedings are highly time-sensitive: eligibility, procedural steps, and the applicability of statutory regimes can depend on when the relevant legal framework took effect.
Section 2 (Application of Act) is the core operative provision. It declares that the Extradition Act 1968 applies in relation to Indonesia, but with a significant limitation: the Act applies except for Parts 5 and 6. This means that, for Indonesia-related extradition matters, the procedures and mechanisms contained in Parts 5 and 6 of the Extradition Act will not apply. Instead, the treaty provisions in the Schedule govern the relevant aspects of the extradition relationship.
Section 2 also links domestic law to the treaty’s entry into force. It specifies that the treaty between Singapore and Indonesia for the extradition of fugitives entered into force on 22 March 2024 at 4 a.m. This alignment matters because it clarifies that the treaty is the international legal basis for extradition between the two states, and the Notification is the domestic legal bridge that activates Singapore’s statutory machinery accordingly.
The Schedule (Treaty between Singapore and Indonesia) sets out the treaty text that conditions the application of the Extradition Act. While the extract provided does not reproduce the full treaty clauses, the Schedule is central: it is the document that practitioners must consult to understand how the treaty modifies or supplements Singapore’s domestic extradition framework. In many extradition treaties, key topics include: the scope of extraditable offences; evidentiary requirements; the process for requesting and responding to extradition; timelines; grounds for refusal; speciality (ensuring the person is tried only for specified offences); and arrangements for transit, surrender, and postponement.
Accordingly, the practical reading of Section 2 is not merely “the Act applies.” Rather, it is “the Act applies, but only to the extent compatible with the treaty, and with Parts 5 and 6 excluded.” For lawyers, this is a critical interpretive point: treaty terms may displace or refine domestic procedures, and the exclusion of Parts 5 and 6 signals that those domestic parts are either unnecessary or inconsistent for the Indonesia relationship.
How Is This Legislation Structured?
This Notification is structured in a straightforward format typical of Singapore’s treaty-implementation subsidiary legislation. It contains:
(1) Enacting Formula indicating that the Minister for Law makes the Notification using powers conferred by section 4(1)(b) of the Extradition Act 1968.
(2) Sections 1–2 covering citation/commencement and the application of the Extradition Act to Indonesia, including the treaty-based limitation and the exclusion of Parts 5 and 6.
(3) The Schedule setting out the treaty between Singapore and Indonesia for the extradition of fugitives, which entered into force on 22 March 2024.
There are no “Parts” within the Notification itself (as indicated by the metadata). Instead, the Notification functions as a targeted legal switch that activates the Extradition Act in a treaty-specific way.
Who Does This Legislation Apply To?
The Notification applies to extradition matters involving the Republic of Indonesia. It is not directed at a particular class of persons (such as citizens, residents, or nationals). Rather, it governs the operation of Singapore’s extradition regime when the requesting state is Indonesia (and, correspondingly, when Singapore is dealing with Indonesia under the treaty framework).
In practice, the persons affected are those who are subject to extradition proceedings—typically fugitives located in Singapore who are alleged to have committed offences in Indonesia or who are sought for prosecution or punishment. The Notification’s legal effect is mediated through the Extradition Act 1968: it determines which statutory procedures apply and which do not (notably, excluding Parts 5 and 6), and it incorporates the treaty’s substantive and procedural terms via the Schedule.
Why Is This Legislation Important?
This Notification is important because it operationalises Singapore–Indonesia extradition cooperation. Without such a notification, the Extradition Act’s treaty-specific application might not be properly engaged for Indonesia. For practitioners, this means the Notification is often the first document to check when assessing whether Singapore can lawfully process an extradition request from Indonesia and which domestic procedures are available.
The exclusion of Parts 5 and 6 of the Extradition Act is particularly significant. Extradition statutes commonly contain multiple procedural layers—such as decision-making stages, judicial review mechanisms, or administrative steps. By excluding certain parts, the Notification indicates that the treaty provides the relevant framework for those aspects, or that Singapore’s domestic provisions are not intended to apply in the Indonesia context. Lawyers must therefore carefully map the treaty provisions against the Extradition Act to avoid procedural missteps (for example, relying on a domestic procedure that is expressly excluded for Indonesia).
From an enforcement and litigation perspective, the commencement timing is also critical. Extradition proceedings can be challenged on jurisdictional and procedural grounds. If a request is received, a warrant is sought, or a person is arrested around the commencement date, counsel will need to determine whether the Notification was already in force and whether the treaty had entered into force at the relevant time. The Notification’s precise commencement and treaty entry into force timestamps help establish that legal timeline.
Finally, because the Schedule contains the treaty text, the Notification is a gateway to the treaty’s substantive protections and obligations. Treaty terms often include safeguards such as speciality, minimum standards for offence descriptions, and grounds for refusal. Those protections can materially affect strategy in extradition hearings, including how the requesting state frames the alleged offences and how the requested person’s counsel argues against surrender.
Related Legislation
- Extradition Act 1968 (authorising Act; including section 4(1)(b))
- Extradition (Republic of Indonesia) Notification 2024 (SL 216/2024) — this Notification
- Extradition treaty (Singapore–Indonesia) for the extradition of fugitives (set out in the Schedule to this Notification)
Source Documents
This article provides an overview of the Extradition (Republic of Indonesia) Notification 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.