“All tax crimes, money laundering or anything that happened before this agreement was signed can still be found,” Yasonna said. The MlA agreement with Switzerland is expected to benefit Indonesia, where widespread corruption cases have taken place, involving senior officials and mis-alleged fraudsters who often dump their illicit funds abroad. Under the agreement, bank secrecy can no longer be invoked to impede the information exchange process, which would allow PPATK to coordinate with the Swiss Financial Intelligence Service (FIU) to prosecute, block and recover illicit assets. On Monday, Switzerland and Indonesia signed a mutual legal aid agreement in criminal matters aimed at cooperating in the fight against international crime. According to a statement from the Federal Office of Justice (BJ), the agreement provides an international legal basis in which the two countries can cooperate in detecting and prosecuting international criminal activities such as corruption and money laundering. “This is one of the important questions that Switzerland has asked as a condition of the agreement. After its ratification, we should therefore immediately improve Indonesia`s rules on the protection of personal data. JAKARTA, February 6 (Xinhua) — Indonesia`s anti-corruption initiative has gained momentum with the recent signing of the Mutual Legal Assistance Agreement (MLA) with Switzerland, which allows Indonesia to seize fraudulent money that is stored in Swiss banks. The Indonesian-Swiss mgW agreement is the tenth criminal cooperation agreement signed by Indonesia with other countries. Previously with ASEAN countries, Australia, Hong Kong, China, South Korea, India, Vietnam, the United Arab Emirates and Iran. As far as Switzerland is concerned, the 14th GW agreement was signed with non-European countries.
The GWG contains articles that prescribe mutual legal assistance for the search for the origin of the funds, the freezing of funds and the seizure of the assets of the crime, Laoly said. Then follow, freeze, confiscate the results and tools used to commit a crime, request documents relating to a crime, arrest someone for questioning and confrontation, call witnesses and experts to make statements, and provide further assistance in accordance with the agreement that does not violate government law in the country. The MLA agreement between Indonesia and the Swiss Confederation will be concluded through two-round negotiations, the first in Bali in 2015 and the second in Bern in 2017. The principle, Laoly explained, allows us to move towards criminal acts committed before the agreement came into force. Until the court`s decision is implemented. “With the ratification of the agreement, Indonesia has a solid legal basis for implementing legal cooperation initiatives such as asset tracing for corruption, financial crime, tax crimes, bank crime, corporate crime and money laundering,” Dian told the Jakarta Post. According to Indonesia`s proposal, the signed agreement maintains the retroactive principle. This principle allows for the obtaining of offences committed before the signing of the agreement until the court`s decision has been enforced. The MLA agreement between Indonesia and the Swiss Confederation is the tenth MLA agreement signed by the Indonesian government (agreement with ASEAN, Australia, Hong Kong, China, South Korea, India, Vietnam and Iran), while for the Swiss Confederation it is the 14th mlA agreement with non-European countries. The GW agreement is a remarkable achievement of criminal assistance and a very important diplomatic achievement considering that Switzerland is the leading financial centre in Europe.