Harmonization of Extradition and Asset Tracing Regulations for Proceeds of Human Trafficking in The Asean Region

Abstract

Trafficking in Persons (TIP) in the Southeast Asian region (ASEAN) has evolved into a highly organized and large-scale transnational criminal industry. The masterminds behind these criminal syndicates strategically exploit differences in legal systems, territorial sovereignty concerns, and the slow pace of diplomatic bureaucracy among ASEAN member states as shields to evade legal accountability and launder the proceeds of exploitation. This article aims to examine the structural obstacles to cross-border law enforcement and to formulate the urgency of harmonizing regulations concerning extradition and asset tracing. Using a normative legal research method with statutory and conceptual approaches, this study highlights that the absence of a comprehensive ASEAN Extradition Treaty and the rigidity of bureaucratic procedures within the ASEAN Mutual Legal Assistance Treaty (MLAT) constitute major barriers to apprehending criminal masterminds and freezing illicit financial flows. The findings recommend a comprehensive harmonization strategy through three principal measures: accelerating the adoption of a regional extradition treaty to address challenges related to the principle of dual criminality, strengthening real-time communication among Financial Intelligence Units (FIUs), and revising the ASEAN MLAT by adopting the principle of mutual recognition of confiscation orders. This study concludes that regulatory harmonization integrating efficient extradition mechanisms and cross-border asset confiscation is an indispensable instrument for dismantling human trafficking syndicates, eliminating safe havens for offenders, and ensuring the availability of restitution funds to restore the dignity and rights of victims.