Government Regulation Number 5 By 2014

Original Language Title: Peraturan Pemerintah Nomor 5 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e524c13d08e94313231333139.html

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Back COUNTRY SHEET REPUBLIC of INDONESIA No. 17, 2014. Permissions. The terms. The Ordinance. Pornographic Products. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5501)

REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA number 5 by 2014 ABOUT LICENSING TERMS and PROCEDURES for the CREATION, DISSEMINATION, and use of the PRODUCTS of PORNOGRAPHY with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 14 of Act No. 44 of 2008 about Pornography, it needs to establish government regulation on the terms and procedures for Licensing the manufacture, Deployment, and use of Pornographic Products;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 44 of 2008 about Pornography (Gazette of the Republic of Indonesia Number 181 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
Decide: define: GOVERNMENT REGULATION of the TERMS and PROCEDURES for LICENSING the MANUFACTURE, DEPLOYMENT, and use of the PRODUCTS of PORNOGRAPHY.
CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. Pornographic Products are goods or services that contain pornography.
2. The manufacture of the products is the Act of producing Pornography, make, reproduce, or duplicate the Pornographic Products.
3. Dissemination of Pornographic Products is the Act of disseminating, broadcasting, downloading, importing, exporting, offering, trade in, lease, lend, or provides pornography.
4. Use of the product is the Act of using Pornography, loud music, cinematic, utilizing, possess, or store Products of pornography.
5. Permission is granted by the statement in writing given by the competent authority to: a. conduct the creation, Dissemination, and use of the product for the purposes of Pornography and the importance of education;
b. do the creation, Dissemination, and use of the product for the purposes of Pornography and the interests of the health service; or c.  do the creation, Dissemination, and use of Pornographic Products that must be done on site and special way.
6. Every person is an individual person or Corporation, whether incorporated or not incorporated legal law.
7. The Ministry of health is the activity and/or a series of activities are promotif health services, preventive, curative, rehabilitative, and/or traditional in accordance with the provisions of the legislation in the field of health.
8. Health care personnel are those individuals who are devoted in the health field as well as having the knowledge and/or skills through education in the field of health to a certain kind of require the authority to make the effort.
9. The Government is the Central Government led by President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
10. Local Government is the Governor, Governor, or mayor, and other areas as the organizer of local governance.
11. Media information and communication technology is an electronic device that serves to collect, store, display, announce, transmit, and/or distribute information electronically.
Article 2 scope this Regulation include: a. the terms and procedures for licensing the manufacture, Deployment, and use of the product for the purposes of Pornography and the interests of education and health services; and b.  The terms and procedures for licensing the manufacture, Deployment, and use of Pornographic Products that must be done on site and special way.
CHAPTER II CONDITIONS of manufacture, DISSEMINATION, and USE of the PRODUCT for the PURPOSES of PORNOGRAPHY and the INTERESTS of EDUCATION and HEALTH SERVICES is considered part of the manufacture of Pornographic Products Paragraph 1 the terms of manufacture of Products for the purposes of Pornography and Educational Interests of article 3 (1) for the purposes of Pornographic Products and educational interest is a product of explicitly loading pornography usage needed in education.
(2) the making of Pornographic Products as referred to in paragraph (1) of the individuals who are members of the institution.
(3) the manufacture of Products for the purposes of Pornography and the interests of education in addition to the individual by the person referred to in subsection (2) may only be done after getting permission from the Minister of the organizing Affairs of the Government in the field of education.
Article 4 (1) the manufacture of Products for the purposes of Pornography and the fewest education interest must be qualified: a. apply the warning limits and the use of Pornographic Products;
b. in accordance with the level of education;
c. in accordance with science and/or profession; and d.  known by the leadership of the institution if made by individuals who are members of the institution.
(2) further Provisions regarding the terms of making Pornographic Products as referred to in paragraph (1) are governed by regulation of the Minister of the organizing Affairs of the Government in the field of education.
Paragraph 2 of the terms of making Pornographic Products for the purpose and interests of health services article 5 (1) for the purposes of Pornography and the interests of the health service is a product of explicitly loading pornography usage required in health services.
(2) the making of Pornographic Products as referred to in subsection (1) is carried out by health workers and/or health institutions.
(3) the manufacture of Products for the purposes of Pornography and the interests of health care other than by health workers and/or health institutions as referred to in paragraph (2) could only be done after getting permission from the Minister of the organizing Affairs of the Government in the field of health.
(4) the type of Pornography Products as referred to in paragraph (1) are governed by regulation of the Minister of the organizing Affairs of the Government in the field of health.
Article 6 (1) the manufacture of Products for the purposes of Pornography and the interests of the health service at least should be qualified: a. apply the warning limits and the use of Pornographic Products;
b. adjusted to the interests of public health hazard mitigation and/or Government programs; and c.  known by the leadership Institute health services if made by health workers.
(2) further Provisions regarding the terms of making Pornographic Products as referred to in paragraph (1) are governed by regulation of the Minister of the organizing Affairs of the Government in the field of health.
The second part of Paragraph 1 Product dissemination of Pornographic terms of Dissemination Products for the purposes of Pornography and the interests of Education article 7 (1) for the purpose of Disseminating Pornographic Products and educational interests of the individuals who are members of the institution.
(2) for the purpose of Disseminating Pornographic Products and educational interests other than by the individual referred to in subsection (1) can only be made after obtaining permission from the Minister of the organizing Affairs of the Government in the field of education.
Article 8 (1) for the purpose of Disseminating Pornographic Products and educational interests at least should be qualified: a. disseminated to a limited extent in environmental institutions;
b. in accordance with the level of education;
c. in accordance with science and/or profession;
d. do an in-place or a specific location and/or accessible to a certain place that can be detected and monitored accurately; and e.  known by the leadership of the institution if disseminated by those individuals who are members of the institution.
(2) the provisions concerning the terms of the further dissemination of Pornographic Products as referred to in paragraph (1) are governed by regulation of the Minister of the organizing Affairs of the Government in the field of education.
Paragraph 2 of the terms for the purpose of Disseminating Pornographic Products and Healthcare Interests article 9 (1) dissemination of Pornographic Products for the purpose and the interests of the health service carried out by health workers and/or health institutions.
(2) for the purpose of Disseminating Pornographic Products and Healthcare interests other than by health workers and/or health institutions as referred to in paragraph (1) can only be done after getting permission from the Minister of the organizing Affairs of the Government in the field of health.
Article 10 (1) for the purpose of Disseminating Pornographic Products and Healthcare interests at least should be qualified: a. done in place or a specific location and/or accessible to a certain place that can be detected and monitored accurately;
b. for the benefit of public health hazard mitigation and/or Government programs;
c. for the purposes of the health of the individual, the person should be made by medical personnel and/or energy physical keterapian; and d.  Note by the Chairman of the House health care institutions if disseminated by health workers.
(2) the provisions concerning the terms of the further dissemination of Pornographic Products as referred to in paragraph (1) are governed by regulation of the Minister of the organizing Affairs of the Government in the field of health.
The third section of the product use Pornography Paragraph 1 the terms of use of the product for the purposes of Pornography and Educational interests of article 11 (1) use of the product for the purposes of Pornography and educational interests of the individuals who are members of the institution.

(2) use of the product for the purposes of Pornography and the interests of education in addition to the individual by the person referred to in subsection (1) can only be made after obtaining permission from the Minister of the organizing Affairs of the Government in the field of education.
Article 12 (1) use of the product for the purposes of Pornography and the fewest education interest must be qualified: a. recommended by educational institutions;
b. are done in a particular place or location; and c.  in accordance with the level of education.
(2) further Provisions regarding the terms of use of the products referred to in paragraph Pornography (1) subject to the regulations of the Minister of the organizing Affairs of the Government in the field of education.
Paragraph 2 the terms of use for purposes of Pornography Products and Healthcare Interests Article 13 (1) use of the product for the purposes of Pornography and the interests of the health service carried out by health workers.
(2) use of the product for the purposes of Pornography and the interests of health care other than by health care personnel as referred to in paragraph (1) can only be made after obtaining permission from the Minister of the organizing Affairs of the Government in the field of health.
Article 14 (1) use of the product for the purposes of Pornography and the interests of the health service at least should be qualified: a. recommended by health care institutions;
b. are done in a particular place or location; and c.  in accordance with the needs of the health services.
(2) further Provisions regarding the terms of use of the products referred to in paragraph Pornography (1) subject to the regulations of the Minister of the organizing Affairs of the Government in the field of health.
The fourth section of the terms of the creation, Dissemination, and/or use of the product for the purposes of Pornography and the interests of education and Healthcare through information and Communication Technologies Media Article 15 (1) the creation, Dissemination, and/or use of the product for the purposes of Pornography and the importance of Media education through information and communication technologies should be done by the institution or the individual persons who are members of the institution.
(2) the creation, Dissemination, and/or use of the product for the purposes of Pornography and the interests of the health services through the medium of information and communication technology should be done by health workers and/or health institutions.
Article 16 the creation, Dissemination, and/or use of the product for the purposes of Pornography and the interests of education and health services through the medium of information and communication technologies should be qualified at least: a. has a mechanism of verification of age;
b. have the facilities and procedures to secure the data/content of the product for the purposes of Pornography and the interests of education and health services;
c. have the facilities for security access;
d. has a record of all access to the Product for the purposes of Pornography and the interests of education and health services;
e. have a surveillance system; and f.  have a secondary verification mechanism, if the creation, Dissemination, and/or use of the product for the purposes of Pornography and the importance of education.
Article 17 in the creation, Dissemination, and/or use of the product for the purposes of Pornography and the interests of education and health services through the medium of information technology and communications, the Minister of the organizing Affairs of the Government in the field of communication and Informatics is authorized to: a. establish a policy of exploiting information and Communication Technologies Media for Pornographic Products for the purpose and the importance of education and health services;
b. monitor the Creation, Dissemination, and/or Pornographic Products through the Media use of information and communication technologies;
c. provide technical guidance, supervision, and consultation; and d.  cooperation with various parties, both from within and outside the country in accordance with the provisions of the legislation.
Article 18 in the creation, Dissemination, and/or use of the product for the purposes of Pornography and the interests of education and health services through the medium of information and communication technologies, local government authorities: a. establish licensing for businesses that use the internet access service in the area;
b. set the system use filterasi or other ways for hindered access to Pornographic Products as a condition of licensing business internet access service area; and c.  develop a system of communication, information, and education regarding the utilization of information technology and communication Media.
CHAPTER III the TERMS of the CREATION, DISSEMINATION, and use of PORNOGRAPHIC PRODUCTS that MUST BE DONE in PLACE and by MEANS of a SPECIAL article 19 Manufacturing, Deployment, and use of Pornographic Products that must be done in place and by means of a special, directed against the products of pornography in General is already widely known by the public and used in accordance with the context.

Article 20 Pornographic product manufacturing to be done in a special way and place, must obtain permission according to the type of Pornographic Products are manufactured in accordance with the provisions of the legislation.

Article 21 (1) dissemination of Pornographic Products that must be done in a special way and place at least should be qualified: a. have the permission of the Governor or Regent/Mayor;
b. is done in the region, and a specific time period;
c. product placement of pornography in a shop or a particular place is obliged to guarantee that such products are not easily visible, accessible, and/or accessible to children;
d. mandatory Pornography Products are packaged in a way that guarantees can not be accessed, could not be reached, and/or cannot be seen by children;
e. product packaging required by way of Pornography wrapped up the meeting, not transparent, and with special code lists; and f.  can only be sold to users who have aged 18 (eighteen) years or older, or have been married.
(2) further Provisions on the terms referred to in paragraph (1) letter b until the letter f is set by regulation of the Governor or Regent/Mayor.
Article 22 the use of Pornographic Products that must be done in a special way and place, at least should be qualified: a. the Pornography Products already have a permit in accordance with the type of product produced Pornography;
b. retrieved in a place or a specific area designated by the Governor or Regent/Mayor;
c. use of it is done by keeping the products that are not easily visible, accessible, and/or accessible to children; and d.  used only by users who have aged 18 (eighteen) years or older, or have been married.
CHAPTER IV PROCEDURES for LICENSING the MANUFACTURE, DEPLOYMENT, and use of PORNOGRAPHIC PRODUCTS Article 23 (1) Permit the creation, Dissemination, and/or use of the product for the purposes of Pornography and the interests of education and health services provided by related Ministers in accordance with those powers.
(2) Permit the creation, Dissemination, and/or product use Pornography to be done on site and special way given by the Minister, Governors, or bupati/walikota in accordance with those powers.
(3) the permit referred to in subsection (1) and paragraph (2) provided on the petition.
(4) the Application referred to in subsection (3) is required to meet the requirements referred to in this Regulation.
(5) further Provisions regarding the procedures for licensing include administration, procedures, and the time period of the creation, dissemination, and/or use as intended in paragraph (1), subsection (2), and subsection (3) is regulated by the related technical Ministers, Governors, or bupati/walikota correspond to those powers with based on provisions of the legislation.
Chapter V SUPERVISION Article 24 related Minister, Governor or Regent/Mayor, head of the institution, and the institution of appropriate health monitoring Products of its pornography.

CHAPTER VI ADMINISTRATIVE SANCTIONS of article 25 (1) every person who contravenes the provisions referred to in article 4 paragraph (1), article 6 paragraph (1), article 8 paragraph (1), article 10 paragraph (1), article 12, paragraph (1) of article 14 paragraph (1), article 16, article 20, article 9 paragraph (1), and section 22 is an administrative sanction.
(2) administrative Sanctions referred to in paragraph (1), in the form of: a. a written reprimand;
b. revocation; and/or c.  the withdrawal and destruction of Pornographic Products.
(3) administrative Sanctions referred to in paragraph (2) provided by the giver of the consent.
(4) the provisions concerning the imposition of an administrative sanction procedures as referred to in subsection (2) subject to the regulations of the Minister, Governors, or bupati/walikota in accordance with those powers.
CHAPTER VII TRANSITIONAL PROVISIONS Article 26 at the time this Regulation comes into force, educational institutions, individual people in educational institutions, health institutions, health workers, and anyone who has to get permission from the Minister related in accordance with those powers referred to in this Regulation can still do its work and must comply with this Regulation no later than 1 (one) years counted since the Government regulation is enacted.

CHAPTER VIII PROVISIONS COVER


Article 27 at the moment these government regulations took effect, all laws and regulations that govern or relating to the terms and procedures for licensing the manufacture, Deployment, and use of the product for the purposes of Pornography and the interests of education and health services, and in a place and in a manner specifically stated remains valid along does not contradict or have not changed based on government regulations.

Article 28 of the regulation of the implementation of this Regulation should set the longest one (1) year as of since the Government regulation is enacted.

Article 29 this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on 30 January 2014 the PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on February 4, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();