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PREFACE

Background
To solve a problem of inter-state interests, thus each country must undertake inter-
state agreements. Without the agreement then it is impossible the country will be able to
develop their reign. Because of international relations are not established in an agreement that
called international treaties.
Today, international treaties can be regarded as the most important source. It became a
major instrument of international relations implementation.
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Not only that, international
treaties are also serve as a tool to enhance international cooperation. International agreements
have a strong influence which is binding participate parties.
If we look to the international sphere, Indonesia as part of the international community
have also carried out an international agreement as a form of interaction with other subjects of
international law. Many benefits can be taken from any international treaty. Interest of the
State is being one factor in implement international agreements. For example in the case of
corruption, most of the perpetrators fled towards neighboring countries up till now, the State
money is stolen and not returned. Indonesia as a state law must enforce the law and creates
justice for its people. Various attempts were made to solve these problems, one of them by
making agreements with neighboring countries, especially Singapore to help extradite the
states fugitive. But in fact it does not work. Between Indonesia and Singapore never agree.
It is the background of the author to discuss about the "Power of bound on the Law of
Treaties ",with the study case of Indonesia Extradition Treaty with Singapore. Considering it
is very important, especially for Indonesia.

Problem Statement
When Treaties can bind?
What causes the Extradition Treaty between Indonesia and Singapore become binding?



1
Sefriani, S.H.,M.Hum, Hukum Internasional Suatu Pengantar, PT RajaGrafindo Persada, Jakarta, 2010, page 28
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ANALYSIS

Understanding of International Treaties
According to some legal experts treaty may be interpreted as follows :
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Prof Dr.Mochtar Kusuma Atmadja; International treaty is an agreement between nations
held aiming to create certain legal consequences
Oppenheimer Lauterpacht; International treaty is an agreement between countries which
determines rights and obligations between the parties to enable it
G. Schwarzenberger; International treaty is an agreement between subjects of international
law that raises the binding obligations under international law
Meanwhile, according to the Vienna Convention and the Charter of the International Court
of Article 38 paragraph 1; International agreement is an agreement which is held by two or
more countries are aiming to hold a certain legal consequences
Article 38 paragraph 1 of the Charter of the International Court; International agreements
both general and specific, which contains provisions expressly recognized law by the
countries concerned
Thus, International treaties mean an agreement that is held by the community of
nations and aims to result in certain legal effect. International agreements as well as a source
of international law will ensure legal certainty and to manage issues with that important.
Called an international agreement if the agreement is held by a subject of international law
that a member of the international community. International agreements can be binding if the
agreement states which have ratified it. Ratification is the adoption of an international treaty,
or the Constitution or other national documents (such as amendments to the Constitution)
through approval of each small entity in its section. Article 24 of the Vienna Convention of
1969 stipulates that the entry into force of the International Treaty depends on:
Provisions of the treaty itself;
or what has been agreed by the participating countries.


2
http://id.wikipedia.org/wiki/Perjanjian_internasional, accessed on 7 May 2014
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International treaties stages
The strength of a binding Treaties depending on the developmental stages of the deal.
For agreements that do not require the ratification of the agreement will lead to legal
consequences which bound the signatories to the agreement. However, if the agreement
requires ratification, the state will be legally bound. After it ratified.
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In this case, the state
ratification by countries will be legally bound after it ratified. Thus we know In brief, the
stages of international agreements divided into several stages, including; Negotiation,
Signature, Ratification and. The first phases of the negotiations are carried out prior to the
agreement. Negotiations can be conducted by a representative diplomat who has full power of
attorney from the government; the government can also head straight. After negotiations are
held then the signing of the agreement will be used. Signing can be done by ambassadors,
members of the legislature and executive. Further validation will be done by the heads of
government and members of parliament with the holding of the meeting in advance. Usually
this is done for important issues and includes a lot of people problems.
Revocation of International Treaties
The things that caused the cancellation of the agreement include: The occurrence of
violations, fraud existence, there is the injured party, the threat of a one-sided. And an
agreement could end if; Extinction of one of the parties, Shortage of life of the agreement, one
party wants an end to and approved by both parties, and harmed by the existence of a threat
next party.
Between Indonesia and Singapore, and Corruption
Extradition treaty that proclaimed since 2007 is a new chapter to open relations
between Indonesia Singapore after a long process full of dynamics more than 30 years.
Singapore earlier to holding an extradition treaty with the British Commonwealth countries
and interacting with allied countries. Not only that, Singapore is also only a symbolic
relationship with neighboring countries, not substantially. Indonesia Extradition Treaty is a
positive signal given Singapore to Indonesia.
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Soon as enthusiastic two countries to enter into
agreements which are no country wanted to be harmed in a deal, as well as with Singapore

3
Sefriani, S.H.,M.Hum, op.cit page 33
4
http://basidridhowan.blogspot.com/2011/11/jogja-bercahaya.html, Accessed on 7 May 2014
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and Indonesia, which certainly has other interests. Between Indonesia and Singapore was an
attractive discussion.
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Combating corruption is one of the SBY cabinet program. Therefore Indonesia is so
enthusiastic when Singapore signed an extradition treaty. The extradition treaty involving 31
types of crime such as terrorism, corruption, bribery, fraud, money bank fraud, breach of
corporate law and bankruptcy. However, there is still a possibility in the future added to other
offenses in particular the types of new crimes. Through the extradition treaty, the government
hopes the law enforcement both Indonesia and Singapore becoming more widespread in the
track and pursue suspected cases of corruption suspects particular assets and repatriate corrupt
a trillion dollars in 1300.
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There are some circles that pessimistic about the return of the country's assets. They
consider the extradition treaty between Indonesia and Singapore will not guarantee returns or
asset recovery Indonesia if Singapore has not signed the 2003 UN Convention on Anti-
Corruption which states that a country that has committed to sign the convention are obligated
to help another country in return on assets. On April 28, 2007, DCA (Defense Cooperation
Agreement) and MTA (Military Training Area) signed a reciprocal follow the signing of an
extradition treaty. One of the contents of the agreement are allowed to Singapore to carry out
military exercises and training together with other countries in the area of Indonesia.
Singapore is a small country that has a large fighting force. Availability of parking
space around the fighter fleet and land for military training is an absolute must do. Hence,
Singapore would sign an extradition treaty. Another analysis says that the fear of the threat of
embargo on the sand and the Indonesian government plans to buy back shares. Indosat Tbk
from Singapore Technologies Telemedia, which began early 2007 posed a conjecture why
Singapore signed an extradition treaty. There are disadvantages and advantages gained by
Indonesia and Singapore. Indonesian gain a return on assets of the State, arrest criminals
without a cumbersome procedure and increasing the skills of military personnel in the use of
sophisticated combat equipment belongs to Singapore. Loss for Indonesia Singapore is;
Singapore know the advantages and disadvantages of geographic area military exercises.
Benefits for Singapore is to improve the ability and skill in the military field. Extradition
treaty through, DCA and MTA, Indonesia and Singapore to enhance cooperation in

5
http://16011988irawan.wordpress.com/perjanjian-internasional/, 7 May 2014, Perjanjian Internasional
6
http://fadilabidin75.blogspot.com/2011/08/menyoal-perjanjian-ekstradisi-indonesia.html, seen on 7 May
2014
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combating corruption and defense. Implementation requires commitment and seriousness
between the two countries in order to be properly realized.
Signing of the DCA and the MTA is one of the geostrategic and geopolitical
Singapore. Geopolitics is the political geography developed into knowledge about anything
related geomorphology of a country to build and develop the country while geostrategic
policy is to determine the means to achieve political objectives by utilizing a constellation of
geography. In terms of geopolitics, Singapore does not have enough land for military training.
Hence, through Singapore and his geostrategic make arrangements with Indonesia 's defense.
If militay force is getting stronger Singapore, Singapore easily achieve political objectives is
to instill political influence to neighboring countries such as the United States does today.
Geostrategy are a resource control efforts that can not be renewed for the purpose of survival
of the nation. Singapore government should be aware of recall geostrategy where Indonesia
has abundant natural resources. Natural resources are all the natural resources that can be used
directly or indirectly by humans. Government should supervise the placement process land by
Singapore. This is important in order to avoid abuse by Singapore such conduct illegal
exploitation of natural resources.
Illegal exploitation usually end up with a case of damage to the environment, social
unrest and a decline in the quantity of natural resources. Indonesia would experience even
greater losses may not be comparable to the return on the assets of the corrupt. Thus,
Indonesia has to oversee military training land which borrowing by Singapore to avoid things
that are not desirable. National interests between the two nations may clash because each one
can be different interests. Differences interest are give rise and can lead to conflict.
To avoid conflict and misunderstanding, it takes openness and commitment between
the two countries through agreements such as Singapore and Indonesia carried through
extradition treaty and defense. Loan of land for military training as one of the agreement
should not threaten the national security of the borrower country land. National security is
maintained and protected condition where independence and sovereignty of the country and
preservation of national and state integration in order to achieve national objectives. If the
threat to national security, the spectrum of conflict between countries will increase even lead
to open warfare. As a part of the culture and the people or society, the law is always there
where the people are (Ubi societas Ibi Ius)
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. Society is a group of people who have long lived

7
Prof. Peter Mahmud Marzuki, Pengantar Ilmu Hukum. Kencana Prenada Media Group. 2009 page 41
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in the area and have rules that govern their lives to achieve a common goal. The legal
existence in the society show that the law has a very important position in human life and
must be enforced anywhere. The law enforcement such as the Indonesian government to
arrest criminals. Catching criminals is one step to realize common prosperity because of
corrupt assets can be used to carry out the construction. In addition, it is also the first step in
restoring the government's image in the eyes of the people who had previously been slow in
dealing with similar cases.
Until now the agreement has not been ratified, and was limited to the signing by both
countries. As Indonesia feels aggrieved by the Singapore. Indonesia wants graft fugitives who
fled returned to Singapore. But Singapore has a convoluted terms. Singapore would give
Indonesian fugitives who fled to the country on condition that the area of land used as
Indonesia prepared by Singapore's military exercise. That makes Indonesia is reluctant to
ratify it. Since it is considered detrimental to the country.

CLOSING


Conclusion
International agreements can be binding for the country when the country ratified it.
The power of binding is depending on the developmental stages of the deal. For agreements
that do not require the ratification of the agreement will lead to legal consequences which
bound the signatories to the agreement. However, if the agreement requires ratification, the
state will be legally bound. After it ratified.
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What happened to the country of Indonesia-Singapore has yet to ratify the agreement
because both parties feel aggrieved, especially Indonesia. Because the requirements imposed
Singapore too convoluted and felt by Indonesia's harm to him. In this case the two countries
was limited to signing it. So the two agreements between the two countries has not been
legally binding.

8
Sefriani, S.H.,M.Hum, Hukum Internasional Ilmu Pengantar, PT Raja Grafindo Persada, Jakarta, 2010, page 33.