Statute Details
- Title: Mutual Assistance in Criminal Matters (Republic of Indonesia) Order 2008
- Act Code: MACMA2000-S499-2008
- Legislation Type: Subsidiary legislation (Order)
- Authorising Act: Mutual Assistance in Criminal Matters Act (Chapter 190A)
- Enacting Formula (Key Power): Made under section 17 of the Mutual Assistance in Criminal Matters Act
- Commencement / Operation: Deemed to have come into operation on 9 September 2008
- Official Citation: S 499/2008
- Status: Current version as at 27 March 2026
- Key Provisions (from extract): Sections 1–2
What Is This Legislation About?
The Mutual Assistance in Criminal Matters (Republic of Indonesia) Order 2008 is a Singapore legal instrument that designates the Republic of Indonesia as a “prescribed foreign country” for the purposes of Part III of Singapore’s Mutual Assistance in Criminal Matters Act (the “MACMA”). In practical terms, it enables Singapore to provide certain forms of criminal justice cooperation with Indonesia—such as assistance in criminal investigations and proceedings—under the framework set out in the principal Act.
While the Order itself is brief, its legal effect is significant. Under MACMA, Singapore’s ability to assist (or to receive assistance) from foreign states is not open-ended. The Act uses a “prescribed foreign country” mechanism to control which jurisdictions are covered. This Order is one such designation, specifically for Indonesia, made by the Minister for Law using the statutory power in section 17 of MACMA.
Accordingly, the Order should be read together with MACMA. The Order does not create a standalone assistance regime; rather, it activates and applies the Part III machinery of MACMA to Indonesia. For practitioners, the key takeaway is that the Order is the gateway that brings Indonesia within the scope of Singapore’s statutory mutual assistance framework.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification and timing of the instrument. It states that the Order may be cited as the “Mutual Assistance in Criminal Matters (Republic of Indonesia) Order 2008” and that it is deemed to have come into operation on 9 September 2008. This “deemed” commencement is important because it can affect the validity of actions taken between the date of operation and the date the Order was made.
From a practitioner’s perspective, the commencement clause matters for procedural and evidential questions. Mutual assistance requests often involve time-sensitive steps—such as seeking production of documents, obtaining statements, or executing search and seizure-related measures. If a request or an investigative step occurred around the commencement period, counsel may need to confirm that the legal basis for cooperation was already in force.
Section 2 (Declaration of Republic of Indonesia as prescribed foreign country) is the substantive provision. It declares that the Republic of Indonesia is a prescribed foreign country for the purposes of Part III of the Act. This is the operative designation that triggers the application of MACMA’s Part III regime to Indonesia.
Although the extract does not reproduce Part III itself, the structure of MACMA typically distinguishes between different categories of assistance and different procedural pathways. By specifying Part III, the Order ensures that the particular set of powers, safeguards, and processes in Part III apply to Indonesia. In other words, the Order is not merely declaratory; it is a jurisdictional “switch” that determines whether Indonesia can be treated as eligible for the relevant mutual assistance mechanisms under Singapore law.
Finally, the Enacting Formula indicates that the Minister for Law made the Order in exercise of powers conferred by section 17 of MACMA. This matters for legality and administrative law purposes. If a practitioner is assessing whether the designation was properly authorised, the statutory source of power confirms that the Minister acted within the scope Parliament granted—namely, the power to prescribe foreign countries for Part III purposes.
Practical implications of the designation include: (1) the ability for Indonesia to request assistance from Singapore under the MACMA framework; (2) the ability for Singapore to respond to such requests using the statutory procedures and safeguards; and (3) the relevance of any conditions, limitations, or refusal grounds that MACMA Part III provides. Even though the Order is short, it is the legal foundation for the cross-border cooperation that follows.
How Is This Legislation Structured?
The Order is structured as a short instrument with two sections:
Section 1 covers citation and commencement (including the deemed operational date).
Section 2 contains the declaration that Indonesia is a prescribed foreign country for Part III of MACMA.
There are no additional parts, schedules, or procedural details in the Order itself. The detailed operational rules—how requests are made, how Singapore authorities execute assistance, what safeguards apply, and what grounds exist to refuse—are contained in the Mutual Assistance in Criminal Matters Act (Chapter 190A). The Order’s role is therefore best understood as a jurisdictional designation instrument rather than a comprehensive procedural code.
Who Does This Legislation Apply To?
The Order applies to the relationship between Singapore and Indonesia in the context of criminal mutual assistance under MACMA Part III. It is not directed at a particular class of persons (such as suspects, witnesses, or companies) in the way that substantive criminal offences legislation would be. Instead, it determines whether Indonesia falls within the statutory category of “prescribed foreign country” for the relevant assistance pathway.
In practice, the effects of the Order are felt by persons and entities who may be impacted by mutual assistance measures—such as individuals whose statements may be sought, witnesses who may be required to provide information, or parties who may be subject to production orders or other forms of assistance. However, those operational impacts arise under MACMA’s Part III procedures, not directly from the Order’s text.
Why Is This Legislation Important?
First, this Order is important because it enables cross-border criminal justice cooperation between Singapore and Indonesia. In an era of transnational crime—such as corruption, fraud, money laundering, and organised criminal activity—mutual assistance is often essential to obtain evidence located abroad or to support prosecutions in the requesting state.
Second, the prescribed-country mechanism provides a measure of legal control and certainty. Singapore does not automatically treat every foreign state as eligible for Part III assistance. By designating Indonesia through a formal Order, Singapore ensures that cooperation is grounded in a clear statutory basis and that the relevant safeguards in MACMA apply.
Third, for practitioners, the Order is a foundational document for determining whether a particular request from Indonesia (or a response by Singapore) is procedurally valid. When advising clients—whether individuals facing potential disclosure, companies concerned about document production, or counsel supporting a mutual assistance request—lawyers must confirm that the foreign state is properly prescribed for the relevant part of MACMA. This Order supplies that confirmation for Indonesia.
Finally, the deemed commencement date (9 September 2008) can be relevant in disputes about timing or the legality of actions taken around the operational start date. While the Order is brief, it can still matter in litigation or administrative review contexts where the legal basis for assistance is challenged.
Related Legislation
- Mutual Assistance in Criminal Matters Act (Chapter 190A) — the principal Act, including Part III and the ministerial power under section 17
- Mutual Assistance in Criminal Matters Act: Timeline / Legislation Timeline — for verifying the correct version and amendments affecting the operative framework
Source Documents
This article provides an overview of the Mutual Assistance in Criminal Matters (Republic of Indonesia) Order 2008 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.