Statute Details
- Title: Extradition (Republic of Indonesia) Notification 2024
- Act Code: EA1968-S216-2024
- Type: Subsidiary Legislation (SL)
- Authorising Act: Extradition Act 1968
- Enacting authority: Minister for Law (pursuant to section 4(1)(b) of the Extradition Act 1968)
- Commencement: 22 March 2024 at 4.01 a.m.
- Made on: 31 January 2024
- Status: Current version (as at 27 Mar 2026)
- Key provisions (from extract): Sections 1–2 and the Schedule (treaty text)
- Schedule: Treaty between Singapore and Indonesia for the extradition of fugitives (entered into force on 22 March 2024 at 4 a.m.)
What Is This Legislation About?
The Extradition (Republic of Indonesia) Notification 2024 is a Singapore subsidiary instrument that activates and tailors the operation of Singapore’s Extradition Act 1968 in relation to the Republic of Indonesia. In practical terms, it is the legal “switch” that brings the treaty framework into effect domestically, so that Singapore can process requests for the surrender of fugitives to Indonesia (and, correspondingly, Indonesia can request surrender from Singapore) in accordance with the treaty terms.
Extradition is inherently treaty-driven in many jurisdictions. Singapore’s domestic extradition regime is set out in the Extradition Act 1968, but the Act’s application to a particular foreign state depends on ministerial action. This Notification does not itself create a standalone extradition procedure; rather, it specifies that the Act applies to Indonesia, subject to the treaty set out in the Schedule.
Accordingly, the Notification’s legal significance lies in (i) its commencement timing, (ii) the scope of the Extradition Act that is engaged, and (iii) the treaty-based constraints that govern how the Act operates in the Indonesia context. For practitioners, these points determine what procedural steps are available, what statutory provisions are excluded, and how treaty obligations may override or qualify domestic rules.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal name of the instrument and states when it comes into operation. The Notification is cited as the “Extradition (Republic of Indonesia) Notification 2024” and comes into operation on 22 March 2024 at 4.01 a.m. This precise commencement time matters in extradition practice because extradition requests, arrest timing, and procedural deadlines can be sensitive to when the relevant legal framework becomes effective.
Section 2 (Application of Act) is the core operative provision. It states that the Extradition Act 1968 applies in relation to Indonesia, but with an important carve-out: the Act applies (except for Parts 5 and 6). This means that, for Indonesia-specific extradition matters, Singapore will not apply the excluded Parts of the Extradition Act. The practitioner’s task is therefore twofold: first, identify what Parts 5 and 6 contain in the Extradition Act 1968; second, assess how their exclusion affects the available processes, rights, and decision-making steps in Indonesia-related cases.
Section 2 also makes the treaty the governing instrument “subject to” which the Act applies. Specifically, it provides that the Act (except for Parts 5 and 6) applies subject to the provisions of the Treaty set out in the Schedule, which entered into force between Singapore and Indonesia on 22 March 2024 at 4 a.m. In legal terms, this “subject to” language signals that treaty provisions may qualify, modify, or displace aspects of the domestic statutory scheme to the extent of any inconsistency. For counsel, this requires careful treaty reading alongside the Extradition Act to determine the controlling rule on each issue (for example, eligibility criteria, procedural steps, and any treaty-specific limitations).
The Schedule (Treaty between Singapore and Indonesia for the extradition of fugitives) is where the substantive bilateral commitments are set out. While the extract provided does not reproduce the treaty text, the Schedule is clearly intended to be the operative treaty instrument for domestic application. In practice, the treaty will typically address matters such as: the categories of extraditable offences; the requirement (or waiver) of dual criminality; the evidentiary standard for supporting documents; the process for formal requests and responses; timelines; grounds for refusal; and rules on transit, specialty, and surrender conditions. Because Section 2 expressly incorporates the treaty “set out in the Schedule,” the treaty provisions are not merely background—they are part of the legal framework that governs how the Extradition Act is applied.
How Is This Legislation Structured?
The Notification is structured in a straightforward, two-part format with a Schedule. It contains:
(a) Enacting Formula—indicates that the Minister for Law makes the Notification under the powers conferred by section 4(1)(b) of the Extradition Act 1968.
(b) Section 1—citation and commencement.
(c) Section 2—application of the Extradition Act 1968 to Indonesia, including the exclusion of Parts 5 and 6 and the “subject to” incorporation of the treaty.
(d) The Schedule—sets out the treaty text between Singapore and Indonesia for the extradition of fugitives, including the treaty’s entry into force date referenced in Section 2.
Who Does This Legislation Apply To?
This Notification applies to extradition matters in relation to the Republic of Indonesia. It is not directed at a particular class of persons by nationality or status; rather, it governs the operation of Singapore’s extradition machinery when the requesting or requested state is Indonesia.
In practical terms, it affects: (i) fugitives in Singapore who are sought by Indonesia under the treaty; (ii) persons in Indonesia who are sought by Singapore under the treaty; and (iii) the authorities and courts involved in processing extradition requests under the Extradition Act 1968. Because Section 2 excludes Parts 5 and 6 of the Extradition Act for Indonesia cases, the procedural and substantive rights and obligations of affected persons may differ from extradition processes involving other treaty partners where those Parts are not excluded.
Why Is This Legislation Important?
Although the Notification is brief, it is operationally critical. Extradition practice depends on the precise legal basis for applying domestic extradition law to a particular country. Without a valid notification activating the relevant treaty relationship, the Extradition Act may not apply (or may apply differently) in relation to that state. This Notification therefore provides the legal foundation for Indonesia-related extradition proceedings in Singapore.
The exclusion of Parts 5 and 6 of the Extradition Act is particularly important for practitioners. Even without the text of those Parts in the extract, the carve-out signals that the treaty framework for Indonesia may cover matters that Singapore has chosen not to implement through those specific domestic provisions. Counsel should therefore treat the Notification as a directive to conduct a targeted statutory analysis: determine what Parts 5 and 6 would otherwise do, and then map how the treaty provisions fill the gap or alter the domestic approach.
Finally, the “subject to the treaty” formulation means that treaty terms can be decisive in resolving disputes about procedure and substantive eligibility. In extradition cases, issues often turn on fine legal distinctions—such as whether an offence qualifies as extraditable, whether dual criminality is satisfied, what evidentiary material is required, and what grounds exist to refuse surrender. The Notification makes clear that, for Indonesia, the treaty is not optional; it is the controlling framework within which the Extradition Act operates.
Related Legislation
- Extradition Act 1968 (Singapore) — the authorising statute; governs extradition generally, with Parts 5 and 6 excluded for Indonesia under this Notification.
- Extradition (Republic of Indonesia) Notification 2024 — this Notification, incorporating the Singapore–Indonesia extradition treaty into domestic law for specified purposes.
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.