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Government Regulation Number 5 By 2014

Original Language Title: Peraturan Pemerintah Nomor 5 Tahun 2014

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 17, 2014 ADMINISTRATION. Permission. -Terms. Tata Cara. Pornography. (Explanation In Addition Of Indonesia's Republic Of Indonesia Number 5501)


GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 5 YEAR 2014
ABOUT
TERMS AND CONDITIONS OF THE MAKING PERMISSIONS, DISSEMINATION,
AND THE USE OF PORNOGRAPHY PRODUCTS

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Weighing: that to implement the provisions of Article 14 of the 2008 44 Year Act on Pornography, Need To Establish A Government Ordinance On The Terms And Terms Of The Licensing, Dissemination, and Use Of Pornographic Products;
Remembering: 1.   Article 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia in 1945;
2. Law No. 44 Year 2008 on Pornography (Sheet State Of The Republic Of Indonesia In 2008 Number 181, Additional Sheet Of State Republic Of Indonesia Number 4928);

DECIDED:

Establish: GOVERNMENT REGULATIONS ON THE TERMS AND CONDITIONS OF LICENSING, DISSEMINATION, AND USE OF PORNOGRAPHIC PRODUCTS.

BAB I
UMUM CONDITIONS
Section 1
In this Government Regulation referred to by:
1. Pornographic Products are goods or services that contain pornography.
2. The manufacture of pornographic products is the act of producing, creating, multiply, or doubling of the Pornography Product.
3. Dissemination Of Pornographic Products is the act of disseminating, broadcasting, downloading, importing, exporting, offering, selling, renting, lending, or providing Pornographic Products.
4. Use of the Pornography Product is the act of using, listening, viewing, utilizing, owning, or storing of Pornography Products.
5. Permission is a written statement in writing given by the authorized official to:
a.   conducting the Making, Dissemination, and Use of Pornographic Products for the purpose and interest of education;
B.   conducting the Making, Dissemination, and Use of Pornography Products for the purposes and interests of the health ministry; or
(c) Licensee's use of the Program (s), and (b) any use of the Program (s), which may be used in the Program, and may
6. Each person is a person or a corporation, whether or not a legal entity or a legal entity.
7. Health services are activities and/or a series of health care activities that are promotional, preventive, curative, rehabilitative, and/or traditional in accordance with the provisions of the laws in the health field.
8. Healthcare is a person of individuals who devote themselves in the field of health as well as having knowledge and/or skills through education in health care that for certain types requires the authority to make efforts. Health.
9. Government is the Central Government headed by the President of the Republic of Indonesia which holds the power of government of the Republic of Indonesia as referred to in the Constitution of the Republic of Indonesia of Indonesia in 1945.
10. The Local Government is the Governor, the Regent, or the Mayor, and the area ' s device as an element of the organizing government of the area.
11. Information and Communication Technology is an electronic device that serves to collect, store, display, announce, transmit, and/or disseminate electronic information.

Section 2
The scope of this Government Regulation includes:
a.   Terms and means of licensing, Dissemination, and Use of Pornographic Products for the purpose and interest of education and Health Services; and
B.   The terms and conditions of the Making, Dissemination, and Use of Pornographic Products must be performed in place and in a special manner.

BAB II
TERMS OF MANUFACTURE, DISSEMINATION, AND USE OF PORNOGRAPHIC PRODUCTS FOR THE PURPOSE AND INTEREST OF EDUCATION AND HEALTH CARE
The Kesatu section
Pornography Product creation
Paragraph 1
The Pornographic Product Creation Condition
for Education ' s Purpose and Interests
Section 3
(1) Pornographic Products for the purpose and interest of education are products that explicitly contain pornography whose use is required in education.
(2) The creation of a pornographic product as referred to in paragraph (1) is performed by individuals belonging to the educational institution.
(3) The creation of a pornographic product for the purpose and interest of education other than persons as referred to in verse (2) may only be done after obtaining the Permission of the Minister who organizes government affairs in the field Education.

Section 4
(1) The creation of pornographic products for the purpose and interest of the least education must be eligible:
a.   Lists the limitations and use of the Pornographic Products;
B.   in accordance with the education level;
c. in accordance with the fields of science and/or profession; and
D.   It is known by the leadership of the educational institution if made by individuals belonging to the educational institution.
(2) Further provisions on the terms of the Making of the Pornography Product as referred to in paragraph (1) are governed by the rules of the minister who organizes government affairs in the field of education.

Paragraph 2
The Pornographic Product Creation Condition
for the Purpose and Care of Health Services
Section 5
(1) Pornographic Products for the purpose and interest of Health Services are products that explicitly contain pornography that their use is required in Health Services.
(2) The creation of pornographic products as referred to in paragraph (1) is carried out by the Health and/or health institutions.
(3) Manufacture Of Pornography for the purposes and interests of Health Services other than by Healthcare and/or health institutions as referred to in paragraph (2) may only be done after obtaining the Permission of the Minister. It's a matter of government affairs.
(4) The Type Of Pornography Product as referred to in paragraph (1) is governed by the rules of the minister who organizes government affairs in the field of health.

Section 6
(1) The creation of pornographic products for the purpose and interest of the least Health Service must be eligible:
a.   Lists the limitations and use of the Pornographic Products;
B.   customized to the interests of public health hazard countermeasures and/or government programs; and
c. known to the leadership of the health care agency if made by the Health Force.
(2) Further provisions on the terms of the Making of the Pornography Products as referred to in paragraph (1) are governed by the rules of the minister who organizes government affairs in the field of health.

The Second Part
The Dissemination Of Pornographic Products
Paragraph 1
The Terms Of The Dissemination Of Pornographic Products
for Education ' s Purpose and Interests
Section 7
(1) Dissemination Of Pornographic Products for the purpose and interest of education is performed by individuals belonging to the educational institution.
(2) The Dissemination Of Pornographic Products for the purpose and interest of education other than persons as referred to in verse (1) can only be done after receiving the permission of the minister who organizes government affairs in the field Education.

Section 8
(1) The Dissemination Of Pornographic Products for the purpose and interest of the least education must be eligible:
a.   widely disseminate in the educational institution environment;
B.   in accordance with the education level;
c. in accordance with the fields of science and/or profession;
D.   performed at a specific location or location and/or accessible to a specific place that is detected and can be monitored accurately; and
e.   It is known by the leadership of the educational institution if it is disseminate by individuals belonging to the educational institution.
(2) Further provisions on the terms of the Dissemination Of the Pornography Products as referred to in paragraph (1) are governed by the rules of the minister who organizes government affairs in the field of education.

Paragraph 2
The Terms Of The Dissemination Of Pornographic Products
for the Purpose and Care of Health Services
Section 9
(1) Dissemination Of Pornographic Products for the purpose and interest of Health Services is carried out by Health and/or Health institutions.
(2) Dissemination Of Pornographic Products for the purposes and interests of Health Services other than by Healthcare and/or health institutions as referred to in paragraph (1) may only be done after obtaining the Permission of the Minister. It's a matter of government affairs.

Section 10
(1) Dissemination Of Pornographic Products for the purpose and interest of the least Health Service must be eligible:
a.   performed at a specific location or location and/or accessible to a specific place that is detected and can be monitored accurately;
B.   for the benefit of public health hazard countermeasures and/or government programs;
c. for the health benefit of the individual, it must be performed by the medical and/or physical ignition power; and
D.   It is known by the leadership of the health care agency if it is disseminate by the Health Force.
(2) Further provisions on the terms of the Dissemination Of Pornographic Products as referred to in paragraph (1) are governed by the rules of the minister who organizes government affairs in the field of health.

The Third Part
The Use Of Pornography Products
Paragraph 1
The Terms Of Use Of Pornography Products
for Education ' s Purpose and Interests
Section 11
(1) The use of pornographic products for the purpose and interest of education is performed by individuals belonging to the educational institution.
(2) Use of the pornographic products for the purpose and interest of education other than persons as referred to in verse (1) may only be done after receiving the permission of the minister who organizes government affairs in the field Education.

Section 12
(1) Use of the Pornographic Products for the purpose and interest of the least education must be eligible:
a.   recommended by the educational institution;
B.   performed at a specific place or location; and
c. in accordance with the education level.
(2) Further provisions on the terms of the Use of the Pornography Product as referred to in paragraph (1) are governed by the rules of the minister who organizes government affairs in the field of education.

Paragraph 2
The Terms Of Use Of Pornography Products
for the Purpose and Care of Health Services
Section 13
(1) The Use Of Pornography Products for the purpose and interest of Health Services is carried out by the Health Power.
(2) The Use Of Pornography Products for the purpose and interest of Health Services other than by the Health of Health as referred to in paragraph (1) can only be done after it gets the Permission of the minister who organizes government affairs in the Medical field.

Section 14
(1) Use of the Pornographic Products for the purpose and benefit of the least Health Service must be eligible:
a.   recommended by the health care agency;
B.   performed at a specific place or location; and
c. in accordance with the needs of Health Services.
(2) Further provisions on the terms of the Use of the Pornography Product as referred to in paragraph (1) are governed by the rules of the minister who organizes government affairs in the field of health.

The Fourth Part
Creation Terms, Concurrent, and/or
Use of Pornographic Products For Purposes and
Education Interests and
Health Services through Media Information Technology and
Communication
Section 15
(1) The creation, Dissemination, and/or Use of Pornographic Products for the purpose and interest of education through the Media and Information Technology Media must be performed by an institution of education or individual belonging to the institution Education.
(2) The Making, Dissemination, and/or Use of Pornographic Products for the purposes and interests of the Health Service through Media and Information Technology Media must be performed by Health and/or Health Care institutions.

Section 16
Creation, Dissemination, and/or Use of Pornographic Products for the purpose and interest of education and Health Services through Information Technology and the least communicable Communication Media must be eligible:
a.   have an age verification mechanism;
B.   have facilities and tools to secure the data/content of Pornography Products for the purposes and interests of education and Health Services;
c. have facilities to secure access;
D.   have facilities that record all of the access done to the Pornography Products for the purposes and interests of education and Health Services;
e.   have a surveillance system; and
f.   have an education-level verification mechanism, if Creation, Dissemination, and/or the Use of a Pornography Product for the purpose and interest of education.

Section 17
In the Creation, Dissemination, and/or Use of Pornography Products for the purposes and interests of education and Health Service through Media and Communication Media, the minister who organizes government affairs in the field Authorized communication and informatics:
a.   establish the utilization policy of Information Technology and Communications for Pornography Products for the purposes and interests of education and Health Services;
B.   monitoring the Creation, Dissemination, and/or Use of Pornographic Products through Media and Information Technology Media;
c. provide technical guidance, supervision, and consultation; and
D.   conduct cooperation with various parties, both from within and out of the country in accordance with the provisions of the laws.

Section 18
In the Creation, Dissemination, and/or Use of Pornographic Products for the purposes and interests of education and Health Services through Media and Information Technology Media, the Government of the Local Authorities:
a.   establish permissions for businesses that use internet access services in the area;
B.   establish the use of the filteration system or other ways to inhibit access to the Pornographic Products as a condition of the licensing of the local internet access service; and
c. develop a system of communication, information, and education on the utilization of Information Technology and Communication.

BAB III
TERMS OF CREATION, DISSEMINATION, AND USE OF
PORNOGRAPHIC PRODUCTS TO BE PERFORMED
IN PLACE AND IN A SPECIAL WAY
Section 19
Manufacture, Dissemination, and Use of Pornographic Products must be done in place and in a special way, directed against Pornographic Products that are generally well known to the public and are used in accordance with its context.

Section 20
Manufacture of Pornographic Products to be performed in place and in a special manner, must obtain Permission in accordance with the type of Pornographic Products Produced In Accordance With The Provisions Of The Laws.


Section 21
(1) The Dissemination Of Pornographic Products That Must Be Carried Out In Place And In The Least Special Way Must Be Eligible:
a.   have the permission of the governor or bupati/walikota;
B.   performed in a specified location, region, and timeframe;
c. The placement of the Pornographic Products in a particular store or place is required to ensure that the product is not easy to see, be reached, and/or accessed by the children;
D.   Pornography products are required to be packaged in a particular way that guarantee it is inaccessible, unreachable, and/or not visible to the child;
e.   Pornography Product packaging is mandatory in a meeting-wrapped, non-transparent manner, and with a special code listing; and
f.   can only be sold to users who have aged 18 (eighteen) years or more, or have been married.
(2) The further provisions of the terms as referred to in paragraph (1) letter b up to the letter f are governed by the Rules of the Governor or the Regent/Mayor.

Section 22
Use of the Pornographic Products to be done in place and in a special way, at least must be eligible:
a.   Pornographic products that have been licensed to be compatible with the type of Pornographic Products produced;
B.   be acquired in a specified location or territory specified by the governor or bupati/walikota;
c. Its use is performed by maintaining that the product is not easy to see, be reached, and/or accessed by the child; and
D.   is only used by users who have aged 18 (eighteen) years or more, or have been married.

BAB IV
SET THE MEANS OF CREATION, DISSEMINATION, AND THE USE OF PORNOGRAPHY PRODUCTS
Section 23
(1) The Making of Creation, Dissemination, and/or the Use of Pornography Products for the purpose and interest of education and the Health Service is provided by the relevant minister in accordance with its authority.
(2) The Making of Creation, Dissemination, and/or the Use of a Pornographic Product to be performed on the premises and in a special manner provided by the associated minister, governor, or regent/mayor in accordance with its authority.
(3) Permission as referred to in paragraph (1) and paragraph (2) is granted under the request.
(4) The invocation as referred to in paragraph (3) is required to meet the requirements as referred to in this Government Regulation.
(5) Further terms regarding the terms of the permissions that include the terms of administration, procedure, and term of creation, dissemination, and/or use as referred to in paragraph (1), paragraph (2), and paragraph (3) is governed by the technical minister associated, governor, or regent/mayor in accordance with its authority with guidelines on the provisions of the laws.

BAB V
SUPERVISION
Section 24
Related ministers, governors or bupati/mayors, leaders of education institutions, and leaders of health institutions in accordance with the supervision of the Pornographic Products.

BAB VI
ADMINISTRATIVE SANCTION
Section 25
(1) Any person who violates the provisions as referred to in Section 4 of the paragraph (1), Section 6 of the paragraph (1), Section 8 of the paragraph (1), Section 10 of the paragraph (1), Section 12 of the paragraph (1), Section 14 of the paragraph (1), Section 16, Section 20, Section 21, Section 21, Section 21, Section 21, Section 21, Section 21, Section 21, Section 21, Section 21, Section 21, Section 21, Section Administrative.
(2) administrative sanctions as referred to in paragraph (1), be:
a.   written reprimand;
B.   revocation revocation; and/or
c. withdrawal and extermination of the Pornographic Products.
(3) Administrative sanctions as referred to in paragraph (2) are provided by the licensor.
(4) The provisions of the manner in which the imposition of administrative sanction as referred to in paragraph (2) are governed by the rules of the minister, the governor, or the regent/mayor in accordance with the authority.

BAB VII
TRANSITION PROVISIONS
Section 26
At the time this Government Regulation is in effect, educational institutions, individuals belonging to the institutions of education, health care, health institutions, and any person who have obtained the consent of the associated minister correspond to Its authority as intended in this Government Regulation can remain in its activities and is obliged to conform to this Government Regulation the slowest 1 (one) of the year since the Government's Ordinance is promultable.

BAB VIII
CLOSING PROVISIONS
Section 27
When this Government Regulation is in effect, all regulations governing or relating to the terms and conditions of the Making, Dissemination, and Use of Pornography Products for the purpose and interest of education. and Health Services, and in place and in a special way are stated to remain in effect as long as not contradictory or not being replaced under this Government Regulation.

Section 28
The enforcement regulations of this Government Regulation shall be set at most 1 (one) year counting since the Government Regulation is promultable.

Section 29
These Government regulations begin to take effect on the date of promulgations.

So that everyone knows it, ordering the invitation of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

Specified in Jakarta
on January 30, 2014
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO

It is promulred in Jakarta
on 4 February 2014
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN