By Asian Development Bank
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Extra info for Asset Recovery and Mutual Legal Assistance in Asia and the Pacific: Proceedings of the 6th Regional Seminar on Making International Anti-Corruption St
2, No. 1, pp. 28–29. December). 4 General Assembly Resolution 45/117 of 14 December 1990; International Legal Materials. 1991. 1421. ‖ In paragraph 2: ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Legal and institutional challenges in mutual legal assistance 57 The requested Party shall provide such information as many be required by the requesting Party concerning the result of any search, the place of seizure, the circumstances of seizure, and the subsequent custody of the material seized.
Indonesia and the United Nations Convention against Corruption Indonesia participated in the processes involved in developing and designing the UNCAC at a very early stage. Today, Indonesia is one of the 146 State parties that have signed the Convention and is among the 95 ratifying parties. In December 2003, the Indonesian Minister of Law and Human Rights signed the UNCAC in New York. In March 2006, the Convention was ratified by the DPR. Indonesia has reviewed in detail the contents of the UNCAC and found that its provisions provide important frameworks and tools to fight corruption domestically as well as internationally.
It should be noted, however, that domestic legislation does not create international obligations to provide assistance, and hence, is not a complete substitute for treaties and conventions. National Mutual Legal Assistance Legislation Many countries in Asia and the Pacific have passed legislation to provide a domestic legal framework for MLA. In some countries, a concluded treaty does not immediately become part of the domestic legal order; legislation is necessary to implement the treaty. Even for jurisdictions in which treaties ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Legal and institutional challenges in mutual legal assistance 45 automatically become domestic law, legislation may still be necessary to address issues that treaties generally do not cover such as the procedures for obtaining a search warrant, compelling the attendance of a witness, or appealing a decision of judicial or law enforcement authorities.