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TREATY R R'prrr.rc oF ronfffiffi* REFrJBr,rc oF r(oREA

MUTUAL LEGAL ASSISTA$H' IN CRIMINAL MATTERS

:r[:tJl#{j1donia and the Resftbric of Korea (hereinafter referrcd ro ESIRING to imorovg the effectiveness ofbodr.countries-in the prevention, ffi;jiT,tn;;;:X5g1;;li;";'"";il1#Hi**n,pi*ioo"na HAVE AGRRBD as fcrllows:

scop* offifr,n* The Parties shat,' in:auoondenoo-rsith the.,,proffdns of this Treaty, grant each other assistance in ci:iminar "erv' rtt ii. For the purposes of thil.Trcatg crinrinarrnatterB prosecutions mean investigations, or oroceedirry;riutng t&p. punisbment of which at the ti ;f-;f;" to ,ny oreo"* jurisdiution ilffir" for arsietance, fiilts. wiihin the of the competent auihorities.df ttrc Requesting parry. Criminal matters also include matto$:bonn-eeted with; ofences against a law related to raxation, ct.hcr revenue mafierq u"t"rrturhfuSiligr.l#auor..,cnnffoler,:b,.cirnngdofr::.witrr-,non or proceedings relating thereto. cr,r,urinor

Assistance shall incl ude: (a) takingev,idenoe (b) providing information;orstatemedts,qpsrsons; A["i"ti, ,.*idr, and articles of evidence; (c) Iocating or identifuing persons or.items; (d) serving documents; (e) executing requests for sear,gh.and Seizure;

(0 making ilrangements for persons to give evidenca or assist in criminal invesrigarions, prosecutionsl-o;;;;;r.dings in the Requestirrg party. . (g) tracing, restraining, forfeiting and confiscating -" the' proceeds and instrumentarities of criminarLtivities; (h) other assistance deerned n..rrury by theunJ-Requesting party and consistent with this Treaty as weil ur'th, ru or trr.-n.qu.JfJ partv. 5' Assistance granted under trris Treaty does not incrude: (a) the extradition, or the arrest or detention for that purpose, of atly person; (b) the execution in the Requested party of criminar judgements imposed in tlrg Requesting.?rry .*.rpito the extenr permitted by the law ofthe niquest& party *A Uri. freaty; (c) the transfer of persons in custody to serve sentences; (d) the transfer of proceedings in ;il;;lri..r. Article 2

OTHER ASSISTANCB

parties,This Treaty shall not affect any existing obrigations between the iuransem e n ts, or otherwi se, nor pre vent Iil:.J}}lParties ff:'::from providing*,:.j,l.j assistancell?lji: no each other uvqtrvr' ourruunl.";rffi fffi:t ngemettts, or otherwise.

Article 3

CBNTRAL AUTHORITY

I ' The Parties at alr times shall eacrr a person lvho, or an authority frave which, is designated as the central nuthoiity io t unrr1it and receive requests for the pulposes of this Treatv. The following persons or authorities are hereby designated to be the central Autlrorities at the commencement ortnis Treaiy: (a) For the Republic of Indonesia; the central eutnority is the Minister of Justice and Human Rights or a, official arrignuirJ by that Minister. (b) For the Republic of Korea, the central Authority is the Minister of Justice or an officiar designated by that Mi'ister.

  1. tnt" noti$' the other of anv change iilfrrlrTt of its centrar
  2. 'l'he centrar Authorities sha, nonnalll'communicate directly *,ith one but ma1" if thev.rtoot., communicate the dipromatic lill"xll. through

Article 4 cON't'rN'r.s ()r. RlQUES,r.s

  • Requests for assistance shall: (a) speci$' the p'rpose of the request and the nature of the assistance sought; (b) identifu the f.rson, agency or authority that initiated the request; (c) incrude a description of the nature of the criminar matter, incruding a strymar)' of the r;i;; fr;r and lar's and applicable penalties; (d) incrude a staternent indicating investigation the current s,utus of the or proceeding; /^\ (ej rncrude a state.m:nt specil$'!g. rvithin ,hiclr compliance any time frame- u,ith the requesi isa.rir.O.---- ) and so far as possibre, sharl *l:iilii,;?r assisrance, u'here rererant (a) the identity, nationality and rocation.of the person or persons who are the subject oi or *'ho may hare infirmation rerel,ant to, the criminal matter; (b) w'here the request is for assistance under Articre r0 : (i) a descriprion of the rnatters uuouiirlri.i, are to be !.rron. examined including, lvhere appropriat€, il]. questions that the Requesting part1. to b. put to those prrrsulls; '.irir." (ii) a description of any documents, records -il;;. or afiicres of er"idence to produced ** relevant, a description -b9 of the appropriate person- io be asked to produce them;

(c) where the request is for assistance under Articles I I or 12, information about the allowances and expenses to which a person traveling to the Requesting Party rvould be entitled; (d) rvhere the request is for assistance uflder Articles 15 or 16, a description of the material sought and, rvhere relevant, its likely location; (e) rvhere the request is for assistance under Article 16 : (i) a statement outlining the basis of Requesting Party's belief that proceeds of crime ma1, be located in the jurisdiction of the Requested Party; and (ii) the dourt order, if any, sought to be enforced and a statement about the stahrs of that order; (0 r.vhere the request is for assistance that may lead to or result in the discovery or recovery.of proceeds of crime, a statement as to lvhether a special arrangernent under Article 16 paragraph 4 is sought; (g) a statement outlining any particular requirement or procedure that the Requesting Party may have, or wish to be follorved in giving effect to the request, including details of the manner or fontr in which any information, evidence, document or item is to be supplied; (h) a statement setting out the wishes, if any, of the Requesting Party concerning confidentiality of the request, and the reasons for those wishes; (i) where an official of the Requesting Party intends traveling to the Requested Party in connection with the request, infonnation about the purpose of that person's visit, the proposed time frane and travel :urangement; and any other supporting infonnation, evidence or documents that is 0) necessary to enable, or may assist, the Requested party to give effect to the request. A request, ffiy supporting documentation and any commnnications made pursuant to this Treaty, shall be in the language of the Requesting Party and be accompanied by a translation into the Ianguage of the Requested Party or in the English language.

  1. If the Requested Party considers that the information contained in a request is not sufficient to enable the request to be dealt with in accordance with this Treaty, it may request additional infonnation.
  1. A request shall be made in writing except that the Requested party may accept a request in another forr1 in urgent situations, [n any sucir situation, the request shall be confirmed in writing within thirti (30) days unless the Requested party agrees otherwise.

REFUsATt$'ffrsrANcE I. Assistance shall be refused if: (a) the request relates to all offence that is regarded by the Requested Party as an offence of a political character br an offence only under rnilitary law; (b) the request relates to the prosecution of a person for an offence in respect of which the person has been finally acquitted or pardoned or has served the sentence imposed in the liequested Party; (c) there are substantial grounds for believing that the request for assistance has been made for the purpose of persecuting or -r.*, punishing a person on account of that person's ,.a., religion, nationality or political opinions, oi that the request foi assistance will result in that person being prejudiced for any of those reasons; (d) the request, if granted, would seriotsly impair the Requested Party's sovereigrty, sectnity or essential inierests, considerations of which may include the safety of any p.rroni and the burden on the resources of the Requested narty; or (e) the request relates to the prosecution or punishment of r prrron for conduct that would not, if it had iaken place within the jurisdiction of the Requested party, have constituted an offence.

  1. Assistance rnay be refused if the request relates to the prosecution of a person for an offence for which the person could no longer be prosecuted by reason of lapse of time if the offence had been committed within the jurisdiction of the Requested party.
  2. Assistance may be postponed by the Requested party if the request relates to an ongoing investigation or prosecution in the Requested Party.

Before refusing or postponing assistance pursuant to this Article, the Requested Party, through its Central Authority, shall : (a) prornptly infonn the Requesting pirty of the reason for considering refusal or postponement; and (b) consult with the Requesting party to determine whether assistance rnay be glven subject to such tenns and conditions as the Requested Party deems necessary.

  1. If thc.Requesting Party accepts assistance subject to the terms and conditions referred to in paragraph 4 O), it stratt comply with those terms and conditions.

ExEcur,$ff8'; firouurrc L Requests for assistance shall be canied out promptiy by the competent authorities of the Requested party in accordancswith the la*s ortnut Party and, to the extent those laws permit, in the manner requested by the Requesting Party.

  1. The Requested Party rnay postpone the delivery of material requested if such material is required foi proceedings in respect of criminal or civil matters in that party. If this is the casJ, the Requested pafiy shall, upon reqlrest, provide certified copies of documents. The Requested P?nt shall prornptly infonn the Requesting party of circumstances, when they become known to the Requested party, which are likely to cause a significant delay in carrying out the request.

Article 7

RETURN OF MATBRIAL TO REQUESTED PARTY

Where required by the Requestecl Party, the Requesting party shall return material provided under this Treaty when it is no lon r nieded for the iminal matter to which the request relates.

Article 8

CONFIDENTIALITY AND LIMITATION OF TISB

  • The Requested Party shall, if so requested, use its best efforts to keep confidential a request for assistance, the contents of the request and its supporting documentation, and any action taken pursuant to the request. If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party before executing the request, and the Requesting party slmll advise whether it nevertheless wishes the request to be executed.
  1. TheRequesting Party shall, if so requested, use its best efforts to keep confidential the inforrnation and evidence providecl by the Requested Party, except to tlre extent that the evidence and infonnation is needed for the criminal matters to which the request relates and where otherwise authorized by the Requested party. a1 The Requesting Party shall, if so requested, use its best efforts to ensure that the information or evidence is protected against loss and unauthorized access, use, modification, disclosure or other misuse.
  2. The Requesting Party shall not use the information or evidence obtained, nor anything deriVed from either, for purposes other than those stated in a request without the prior consent of the Requested Party.

Article 9

SERVICB OF DOCUMENTS

  • The Requested Party shall, to the extent its laws permit, carry out requests for the service of documents in respect of a crirninal matter.
  1. A request for service of a summons requiring the appearance of a person as a witness in the Requesting Party shall be made to the Requested Party not less than forty five (45) days before the scheduled. appearance. In urgent cases, the Requested Party may waive this requirement. J

J. The Requested Party shall fonvard to the Requesting Party proof of service of the docurnents. If service cannot be effected, the Requesting Party shall be so informed and advised of the ieasons.

  1. A person who fails to cornply with any process served on hirn or her shall not thereby be liable to any penalty or coercive measure pursuant to the law of the Requesting Party or the Requested Party.

Article l0

TAKING OF EVIDBNCB

  • The Requested Party shall, to the extent its laws permit and upon request, take testimony, or otherwise obtain statements of persons or require them to produce items of evidence for transmission to the Requesting Party.
  1. The Requested Party, to the extent pennitted by its law, shall permit the presence of such persons as specified in the request during the execution of request, and may allow such persons to question the person whose testimony or evidence is being taken. In the event that such direct questioning is not permitted, such persons shall be allowed to submit written questions.

a1 A person from whom-evidence is to be taken in the Requested party pursuant to a request under this Article may decline to give evidence where the law of the Requested Party or thai of the Requesting party so provides.

  1. If any person in the Requested Party claims that there is a right or obligation to decline to give evidence under the law of the Requesting Party, the Central Atrthority of the Requesting Party shall, upon request, provides a certificate to the central Authority of the Requested Party as to the existence of that right. In the absence of evidence to the contrary, the certificate shall be suflicient evidence of the matters stated in it.

  2. For the purposes of this Article, the taking of evidence includes the production of documents or other articles.

I I

I I

i

I Article I I TRANSFBR OF PERSONS IN CUSTODY TO GIVE EVIDENCE i A person in custody in the Requested Party may, at the request of the I l. Requesting Party, be temporarily transferred to that party to give I evidence in crilninal proceedings in that party. I 2. The Requested Party shall transfer a person in custody to the I Requesting Party only if : i (a) the person freely consents to the transfer; and I (b) the Requesting Party agrees to cornply with any conditions specified by the Requested Party relating to the custody or I security of the person to bp transfened. I

I 3. Wltere the Requested Party advises the Requesting Party that the I I transferred person is no longer required to be held in custody, that )l person shall be released. 4. A person who is hansfened pursuant to a request under this Article I I shall be returned to the Requested Party in accordance with ulrrangements agreed by the Requested Party as soon as practicable after the evidence has been given or at such earlier time as the person's presence is no longer required.

  1. A person transferred shall receive credit for service of the sentence inrposed in the Requested Party for the time served in the custody of the Requesting Party.

Article l2

AVAII,ABILITY OF OTHBR PERSONS TO GIVE BVIDBNCB OR

ASSIST INVESTIGATIONS

  • The Requestillg Party may request the assistance of the Requested Party in ananging for the transfer of a person (not being a person to whom Article I I of this Treaty applies) with his or her consent to tlte Requesting Party to give or provide evidence or assistance in respect of a criminal matter in the Requesting Party. FI
  1. The Requested Party shall, if satisfied lhat satisfa.ctory arrangements for that person's safety will be made by the Requesting Party, invite the person to consent to give or provide evidence or assistance in the Requesting Party. The person shall be informed of any expenses or allowances payable. The Requested Party shall pr,rmptly inform the Requesting Party of the person's response and, if the person consents, take all steps necessary to facilitate the request.

Article l3

SAFB CONDUCT

  • Subject to paragraph 2 of this Article, where a person is in the Requesting Party pursuant to a request made under Articles 11 or l2 of this Treaty, during the period that the person is required to remain in the Requesting Party for the purposes of the request: person shall not be detained, prosecuted or punished in the a. the Requesting Party for any offence, nor be subject to any civil proceedings, being civil proceedings to which the person could not besubjected if the person were not in the Requesting Party, in respect of any act or omission which preceded the person's departure from the Requested Party; and person shall not, without the person's consent, be required b. the to give evidence in any criminal proceeding or to assist any criminal investigation other than the crirninal matter to which the request relates.
  1. Paragraph I of this Article ceases to dpply if that person, being free to leave, has not left the Requesting Party within a period of fifteen (15) days after that person has been officially notified that his or her presence is no longer required or, having left, has returned.

aJ. A person who does not consent to give evidence pursuant to Articles I I or 12 of this Treaty shall not by reason thereof be liable to any penalty or coercive measure by the courts of the Requesting Party or the Requested Party.

  1. A person who consents to give evidence prrsuant to Articles 1l or 12 ( of this Treaty shall not be subject to prosecution based on his or her tesiimony, except for perjury or contempt of court.

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Article 14

PROVISION OF INFORMATION

  • The Requested Party shall provide copies of documents and records that are open to public access as part of a public register or otherwise, or that are available for purchase or inspection by the public.
  1. The Requested Party may provide copies of any documents or records in the same manner and under the same conditions as they may be provided to its own law enforcement and judicial authorities.

Article 15

SEARCH AND SEIZURE

  • The Requested Party shall, to the extent its laws permit, carry out requests made in respect of a criminal matter in the Requesting ParU for the search, seianre and delivery of material to that Party.
  1. The Requested Party shall provide such information as may be required by the Requesting Party concerning the result of any search, the place and circumstmces of seianre, and the subsequent custody of the material seized.

J. The Requesting Party shall observe any conditions imposed by the Requested Parfy in relation to any seized material which is delivered to the Requesting Party.

Article 16

PROCEEDS OF CRIME

  • The Requested Party shall, upon request, endeavour to ascertain whether any proceeds of a crime are located within its jurisdiction and shall noti$ the Requesting Party of the results of its inquiries.
  1. Where, pursuant to paragraph l, suspected proceeds of crime are found, the Requested Party shall take such measures as are permitted by its law to restrain or confiscate such proceeds.

(

J. In the application of this Article, the rights of bona fide third parties shall be respected under the law of the Requested Party.

  1. The Requested Party shali retain any proceeds of crime that are confiscated unless.otherwise agreed in a particular case.
  2. For the purposes of this Treaty, "proceeds of crime" lnean any property suspected, or foundr.by a court to be property directly or indirectly derived or realized as a result of the commission of an offence or to represent the value of property and other benefits derived from the commission of an offence, and includes property that is used to commit or to facilitate the commission of an offence.

Articie 17

CORTIFICATION AND AUTHENTICATION

  • subject to paragraph 2, a request for assistance, the documents in support thereof, and documents or materials furnished in response to a request, shall not require any form of certification or authentication.

party 2. where, in a particular case, the Requested or Requesting requests that documents or materials be authenticated, the documents or materials shall be duly authenticated in the manner provided in paragraph 3.

  1. Documents or materials are authenticated for the purposes of this Treaty if: (a) they purport to be signed or certified by a judge or other official in or of the Party sending the docurnents; and (b) they purport to be sealed with an official seal of the Party sending the document or of a Minister, a Department or official of the Government, of that Party.

Article 18

SUBSIDIA RY ARRANGEMINTS

The Central Auihority of each Party may enter into subsidiary arrangements ( consistent with the purposes of this Treaty and rvith the laws of both Parties.

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Article 19

REPRBSNI\ITATION AND BXPENSES

  • Unless otlrerwise provided in this Treaty, the Requested Party shall make all necessary arrangements for the representation of the Requesting Party in any criminal proceedings arising out of a request for assistance and shall otherwise represent the interests of the Requesting Party. The Requested Party shall meet the cost of ftllfilling the request for assistance except that the Requesting Party shall bear : (a) the expenses associated with conveying any person to or fi'om the territory of the Requested Party, and the accommodation expenses of the person and any fees, allorvances or other expenses payable to that person while in the Requesting Party pursuant to a request under Articles 9,11, or 12 of this Treaty; (b) the expenses associated with conveying custodial or escorting officers; (c) fees and expenses of experts and those associated with the translation of documents.
  1. If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Parties shall consult to determine the terms and conditions under which the requested 'assistance can be provided.

Article 20

CONSULTATION AND SETTLEMENT OF DISPUTES

The Parties shall consult prornptly, at the request of either, concerning any issue relating to the interpretation, application or implementation of this Treaty, either generally or in relation to a particular case.

Article 2l AMBNDMBNT

This Treaty may be amended at any time by mutual consent of both Parties and shall enter'into force after their respective national requirements have been fulfilled.

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Article 22

BNTRY INTO FORCB AND TBRMINATION

  • This Treaty shall enter into force on the date of the last notification by which the Parties notify each other that their respective national requirements for the entry into force of this Treaty have been fulfilled.
  1. This Treaty shall apply to offences comrnitted before as n'ell as after the date it enters into force. J. Either Party may terminate this Treaty by notice in writing at any tirne. Tennination shall take effect six (6) months after the date on whicll the notice is given.
  2. The termination of tlis Treaty shall not prejudice the completion of any ongoing activities agreed upon by the Parties under this Treaty.

IN WITNESS WI{BRIOF, the undersigned, being duly authorized by their respective Governments, have, si gned thi s Treaty. DONB in duplicate at Slgg{...on the ..?e,t!..day of r!1*rA in the year two thousand and two, in the Indonesian,, Kor.ean, and English languages, all texts being equally authentic. In case of any divergence'of interpretation, the English text shall prevail.

FOR THE REPUBLIC OF FOR THE REPUBLIC OF

INDONESIA /42

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Salinan naskah resmi true copy 9ertff1ed

Damos Dumoli Asusman 2J | ( Nip. 19630804 198803 I 001) Direktur Perjanjian Ekonomi dan Sosial _Budaya Director for Economic ancl Socio-Cultural Treaties Department of Foreign Affairs of the Repubric of Indonesia Tangsal : d-? Maret 2010 Date