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Indonesia’s Approach to Extraterritorial Financial Crimes and Legal Confidentiality
Indonesia’s laws and regulations governing financial crimes generally do not have extraterritorial effects. However, there are exceptions for criminal acts of corruption and money laundering. According to Article 16 of Law No. 31/1999 on the Eradication of Corruption Crimes (as amended) and Article 10 of Law No. 8/2010 on Money Laundering, any person outside Indonesia who participates, assists, conspires, provides opportunities or information to commit these crimes can be punished as a perpetrator.
The extraterritorial principle has also been applied in business competition cases handled by the Indonesia Competition Supervisory Commission (KPPU), such as the Very Large Crude Carrier (VLCC) Case (Decision No. 07/KPPU-L/2004) and the Temasek Case (Decision No. 07/KPPU-L/2007).
Indonesian authorities commonly cooperate with foreign counterparts on transnational crimes like trafficking, cyber crimes, and financial crimes. Indonesia plays an active role in international forums, has cooperation agreements bilaterally and multilaterally, and collaborates with international law enforcement institutions. Specifically for financial crimes, Indonesia cooperates with AUSTRAC, the Egmont Group on Money Laundering, and the Asia Pacific Group on Money Laundering. It has also ratified several relevant UN conventions through national laws, including the UN Convention against Corruption (Law No. 7/2006).
Regarding legal professional privilege, advocates (lawyers) in Indonesia have certain protections under Article 19 of Law No. 18/2003 on Advocates. They must keep client communications confidential, and their files/documents and electronic communications are protected from seizure or inspection. However, this privilege is invalidated if the advocate obstructs investigations in bad faith. For example, in a corruption case (Supreme Court Decision No. 3315 K/Pid.Sus/2018), an advocate was punished under Article 21 of the Corruption Law for intentionally preventing the investigation of their client. So while client confidentiality is protected, advocates cannot abuse this privilege to obstruct legitimate financial crime investigations in an unlawful manner. Indonesian authorities can overrule it in certain circumstances when advocates act in bad faith.
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