Anti NSL

idIndonesia

China has just given itself jurisdiction in Indonesia over its Indonesian critics.

Will the Indonesian government defend you?

Jump ahead: What can I do?

On 30 June 2020, the Chinese government forced through a so-called national security law through its Hong Kong puppet government. Among others, its provisions contained vague and broad wordings including "provoking hatred", which is Chinese statespeak for anything that the regime doesn't like.

Art. 29 a person who requests ... or conspires with a foreign country or an institution, organisation or individual ... [in] imposing sanctions or blockage, or engaging in other hostile activities ... or provoking ... hatred ... [against the Hong Kong or Chinese governments].

What's more, Beijing has given itself jurisdiction in Indonesia, even extending to non-Chinese and non-Hongkongers. That includes Indonesians.

Art. 38 This Law shall apply to offences ... committed ... outside [Hong Kong] by a person who is not a [Hongkonger].

Beijing will request information from the Indonesian government.

Art. 43(5) requiring ... foreign country ... to provide information

And the law will be run by some secret Chinese state committee, away from Indonesian eyes.

Art. 14 No institution, organisation or individual ... shall interfere with the work of the Committee. Information ... shall not be subject to disclosure. Decisions ... shall not be amenable to judicial review.

Art. 41 When circumstances arise ... all or part of the trial shall be closed to the media and the public

You may download the English full text of the so-called national security law for further research. The text was published by China's state media. The original text is was published by the Hong Kong government.

But that's not Indonesian law?

Indonesia has extradition agreement and legal assistance agreement with Hong Kong.

Indonesia has extradition agreement and legal assistance agreement with China.

Unfortunately this is Indonesian law.

The Indonesian government may hand you over, along with your data, to China upon request.

Extradition Agreement with Hong Kong

The following extradition agreement between the Indonesian government and the Hong Kong government was signed in 1997. It is currently In effect.

香港政府和印度尼西亞共和國政府關於移交逃犯的協定Agreement between the Government of Hong Kong and the Government of the Republic of Indonesia for the Surrender of Fugitive OffendersPengesahan Persetujuan Antara Pemerintah Republik Indonesia Dan Pemerintah Republik Hongkong Untuk Penyerahan Pelanggar Hukum Yang Melarikan Diri

Signed on: 1997-05-05

Termination clause: upon 180 days notice

Link: Hong Kong, Indonesia

Full text: Hong Kong

This allows the Indonesian government to accept requests from the Hong Kong government to hand over suspects to Hong Kong.

Legal Assistance Agreement with Hong Kong

The following legal assistance agreement between the Indonesian government and the Hong Kong government was signed in 2008. It is currently In effect.

中華人民共和國香港特別行政區政府與印度尼西亞共和國政府關於刑事事宜相互法律協助的協定Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of the Republic of Indonesia Concerning Mutual Legal Assistance in Criminal MattersPengesahan Persetujuan Antara Pemerintah Republik Indonesia Dan Pemerintah Daerah Administrasi Khusus Hong Kong Republik Rakyat China Tentang Bantuan Hukum Timbal Balik Dalam Masalah Pidana

Signed on: 2008-04-03

Termination clause: upon 6 months notice

Link: Hong Kong, Indonesia

Full text: Hong Kong

This allows the Indonesian government to accept requests from the Hong Kong government to hand over information related to a suspected case to Hong Kong.

Extradition Agreement with China

The following extradition agreement between the Indonesian government and the Chinese government was signed in 2009. It is currently In effect.

中華人民共和國和印度尼西亞共和國引渡條約Persetujuan Antara Republik Indonesia dan Republik Rakyat China Tentang EkstradisiTreaty Between The Republic of Indonesia and The People’s Republic of China on Extradition

Signed on: 2009-07-01

Termination clause: upon 180 days notice

Link: China, Indonesia

Full text: China

This allows the Indonesian government to accept requests from the Chinese government to hand over suspects to China.

Legal Assistance Agreement with China

The following legal assistance agreement between the Indonesian government and the Chinese government was signed in 2000. It is currently In effect.

中華人民共和國和印度尼西亞共和國關於刑事司法協助的條約Perjanjian Antara Republik Indonesia dan Republik Rakyat China mengenai Bantuan Hukum Timbal Balik dalam Masalah PidanaTreaty Between The Republic of Indonesia and the People's Republic of China on Mutual Legal Assistance in Criminal Matters

Signed on: 2000-07-24

Termination clause: upon 3 months notice

Link: China, Indonesia

Full text: China

This allows the Indonesian government to accept requests from the Chinese government to hand over information related to a suspected case to China.

Safeguard clauses?

China has a history of fabricating criminal charges. The infamous "soliciting prostitution" charge is frequently employed on dissidents. Furthermore, Torture is employed by law enforcement officers. Beijing exerts political pressure on foreign governments in extradition matters.

While there are safeguard clauses guarding against abuse and political crimes, it essentially comes down to whether the Indonesian government believes in China's case or not. This is, of course, subject to political pressure from China. Even in best case scenario, “unlikely” is insufficient reassurance for Indonesians and Hongkongers alike.

No Indonesian should be sacrificed for economic, trade, or other interests with China.

What can I do?

Will you trust the Indonesian government to defend your freedoms and rights?

Or will your government sacrifice you for the next trade deal with China?

General public

  • Tweet or write to your local politician, scholar, or expert for opinion and policy changes
  • Invite media to report on this grave issue
  • Form or invite your local concern groups to join in the initiative
  • Invite your local politicians, activists, or organizations to sign the global joint Statement
  • Use our Extradition risk world map to plan your travels

Politicians, activists, and groups who have joined in previous efforts may be more inclined to help you:

Politicians and legislators

Urgent policy and legislative changes are needed to protect Indonesians from China. No matter how lucrative China deals are, no Indonesian may be sacrificed as a bargaining chip. Indonesian laws should always defend its people and guarantee freedoms of opinion and expression from undue Chinese influence. There must not be any mechanism for Beijing to implement draconian laws on Indonesian land, on any Indonesian citizen.

  • Declare both China and Hong Kong governments to be violating "One Country, Two Systems" and international obligations. This was the foundation upon which Indonesia builds its relationship with Hong Kong, separately from China; but the so-called national security law was passed by China legislature and promulgated by Hong Kong. Ref: acts by the United States, the United Kingdom and Canada, Australia, along with other international actors.
  • Terminate or suspend the extradition agreement and the legal assistance agreement.
  • Amend Indonesian legislation to include provisions against any current or future extradition or legal assistance agreements with Hong Kong and China. This is essential to protect Indonesians from China during the 180 days / 6 months / 3 months period before termination takes effect.
  • Issue travel warnings against Hong Kong and China, for the threat of so-called national security law being used against travellers.
  • Join and sign our global joint Statement

Media

Indonesians have a right to know that there exists a mechanism in Indonesian law that exposes Indonesians to being imminently targetted by China through its self-declared global jurisdiction under the so-called national security law.

  • Investigate and report on the so-called national security law issue in Hong Kong.
  • Investigate and report on the extradition agreement and legal assistance agreement.

Scholars and academia

The so-called national security law opens up important questions on international politics and legal scholarship. Research and reports that may be helpful:

  • Validity and abuse of extraterritorial jurisdiction, centred around Art. 38
  • International law and abuse of the cross-jurisdiction mutual assistance agreements
  • Status and viability of the "One Country, Two Systems" framework
  • Hong Kong as a case of systematic failed and hostile government

Say NO to China extradition.