SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 54, 2009 | (Explanation In Addition Of State Sheet Republic Indonesia Number 4991) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 15 YEAR 2009
ABOUT
ENACTMENT PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS
BY LAND, SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS
CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME
(PROTOCOL AGAINST SMUGGLING MIGRANTS VIA LAND,
THE SEA, AND THE AIR, COMPLEMENTS THE UNITED NATIONS CONVENTION
NATIONS OPPOSING CRIMINAL ACTS
ORGANIZED TRANSNATIONAL)
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that under the Constitution of the Republic of Indonesia in 1945, the Indonesian nation as part of the international community is obligated to participate in the order of the world that is based on independence, eternal peace, and justice. social;
., b. that the Protocol against Smuggling Migrants through Land, Sea, and Air, Supplementing The United Nations Convention Against Transnational Criminal Acts is one of the inseparable parts of the Convention. The United Nations Opposes Organized Transnational Criminal, preventing the prevention and eradication of smuggling migrants, both on national, regional and international levels;
., c. that the signing of the Protocol Against Smuggling Migrants through Land, Sea, and Air, Supplementing The United Nations Convention Against Transnational Criminal Acts by the Government of the Republic of Indonesia is a In order to reflect the participation of the people of Indonesia in performing the world order;
., d. that based on consideration as in the letter a, the letter b, and the letter c, need to form an Act on Unrest Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against Migrant Smuggling through Land, Sea, and Air, Completing United Nations Convention Against Organized Transnational Criminal);
.,, Given: 1. Section 5 of the paragraph (1), Article 11, and Article 20 of the Basic Law of the State of the Republic of Indonesia in 1945;
., 2. Act No. 37 of the Year 1999 on Foreign Relations (State Gazette of the Republic of Indonesia in 1999 No. 156, Additional Gazette of the Republic of Indonesia Number 3882);
., 3. Law No. 24 Year 2000 on International Covenant (State of the Republic of Indonesia 2000 Number 185, Additional Gazette of the Republic of Indonesia No. 4012);
., 4.
Act No. 5 Year 2009 on the Enactment Of
United Nations Convention Against Transnational Organized Crime (United Nations Convention Against Organized Transnational Criminal) (sheet of State of the Republic of Indonesia Year 2009 Number 5, Additional Gazette of the Republic of Indonesia Number 4960);
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
.,, SET: LEGISLATION ON THE ATTESTATION PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME (PROTOCOL AGAINST SMUGGLING MIGRANTS THROUGH LAND, SEA, AND AIR, COMPLEMENTING THE UNITED NATIONS CONVENTION AGAINST ORGANIZED TRANSNATIONAL CRIMINAL ACTS).
Section 1
.,, (1) Endorse Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against Smuggling Migrants through Land, Sea, and Air, Equipping the United Nations Convention against the Organizational Criminal (Statement) of the Section 6 of the paragraph (2) of the letter c, Section 9 of the paragraph (1) of the letter a, and Section 9 of the paragraph (2) and the Reservation (Penation) against Article 20 of the paragraph (2).
.,, (2) Copy of the original text Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against Smuggling Migrants through Land, Sea, and Air, complementing the United Nations Convention Against the Organized Transnational Criminal) with the Declaration (Statement) and Reservation (Penation) as referred to in verse (1) in English and in the United States. Translation in English as attached is the inseparable from this Act.
Section 2
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on March 16, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on March 16, 2009
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4991 | (explanation Of State Sheet 2009 Number 54) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 15 YEAR 2009
ABOUT
ENACTMENT PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS
BY LAND, SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS
CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME
(PROTOCOL AGAINST SMUGGLING MIGRANTS VIA LAND,
THE SEA, AND THE AIR, COMPLEMENTS THE UNITED NATIONS CONVENTION
NATIONS OPPOSING CRIMINAL ACTS
TRANSNATIONAL ORGANIZATION
I. UMUM
.,, Indonesia, as the world ' s largest island nation, is vulnerable to a variety of smuggling forms, including migrant smuggling.
., the smuggling of migrants is one of the forms of transnational criminal acts that are often organized in an organized crime. Thus, effective measures to prevent and combat migrant smuggling through land, sea, and air require a thorough approach, including by doing cooperation, exchange of information and other efforts. required, both at national, regional and international level.
.,, Indonesia, as a member state of the United Nations, signed an international legal instrument that specifically regulates the prevention and eradication of organized transnational criminal offences, namely United Nations The Convention Against Transnational Organized Crime (United Nations Convention Against Transnational Criminal Procedure) on December 15, 2000 in Palermo, Italy, along with two of its protocols, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol to Prevent, Crack Down, And Law The Trafficking Of People, Especially Women And Children, Complementing The United Nations Convention Against The Follow Criminal Transnational Criminal) and Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against Migrant Smuggling via Land, The Sea, and the Air, Completing the United Nations Convention It is a manifestation of Indonesia's commitment to preventing and eradiating organized transnational criminal acts, including the criminal smuggling of migrants.
.,, in accordance with the provisions of the Protocol, Indonesia states the Penation (Reservation) of the provisions of Article 20 paragraph (2) governing the choice of dispute resolution in the case of differences in interpretation and application of the contents of the Protocol. It is taken with the establishment that in the event of a dispute due to differences in interpretation and the application of the unterminated contents of the Protocol through the mechanism referred to in paragraph (1) of that section, it can designate a court of law. International as an institution of dispute resolution based on disputed terms of the Parties.
.,, Indonesia also makes a (Declaration) Statement on the provisions of Section 6 of the paragraph (2) of the letter c, Section 9 of the paragraph (1) letter of a, and Section 9 of the Protocol with the establishment that the provisions of such sections shall be executed subject to the terms of the terms of this Section 6. against the principles of sovereignty and territorial integrity of the state.
THE UNDERLYING CONTENT OF THE CONVENTION
., 1. The relationship between the Protocol and the United Nations Convention against the Organizational Transnational Criminal
.,, Article 1 of the Protocol states that this Protocol complements the United Nations Convention Against the Organized And Compulsory Transnational Criminal Acts is interpreted in line with the Convention.
Thus, the provisions expressed in the Convention prevail equal to this Protocol, unless otherwise stated.
In addition, the criminal acts prescribed in this Protocol are also considered to be criminal acts set out in the Convention.
2. The purpose of the Protocol
., Article 2 of the Protocol states that the purpose of the Protocol is to prevent and eradicate migrant smuggling and advance cooperation among the States of the Parties to achieve that goal, by protecting the rights of migrants who Smuggled.
3. Protocol Scope of Protocol
., Article 4 of the Protocol states that the scope of the implementation of the Protocol is a precautionary effort, investigation, and prosecution of criminal acts as specified in this Protocol, which is transnational and involves a group of offenders. Organized criminal acts, and also for the protection of the rights of those who object to the crime.
4. Migratory Criminal Responsibility
.,, Article 5 of the Protocol states that migrants cannot be subject to criminal responsibility because they are the object of a criminal act that has been established in this Protocol.
5. The State of the Parties
.,
.,, in accordance with the terms of the Protocol, any State of the Party on the Protocol has the following obligations:
., a., a. making a criminal offence specified in the Protocol as a criminal offence in national law (criminalized duty) [Article 6];
., b. in terms of smuggling migrants through the sea, each State of the Parties is obligated to tighten cooperation to prevent and suppress smuggling migrants by sea, in accordance with international maritime law and attempt to take all actions as arranged. In Protocol to the case of migrant smuggling in the sea with regard to the signs provided by the Protocol [Article 7 to Section 9]; and
., c. in the prevention efforts, cooperation, and other efforts required in eradiating the smuggling of migrants, every State of the Party on the Protocol is also obliged to share information, cooperate in strengthening the surveillance in the region borders, maintaining security and surveillance of documents, holding training and technical cooperation, protection and relief measures as well as the act of repatriation of smuggled migrants [Article 10 to Section 18].
II. SECTION BY SECTION
Section 1
., in the event of a different interpretation of its translation in English, the original text of the Protocol is in English.
Section 2
.,, pretty clear.
Attachment
DECLARATION ON ARTICLE 6 PARAGRAPH (2) SUBPARAGRAPH C, ARTICLE 9 PARAGRAPH (1) SUBPARAGRAPH A, ARTICLE 9 PARAGRAPH (2) AND RESERVATION ON ARTICLE 20 PARAGRAPH (2) OF THE PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINSTS TRANSNATIONAL ORGANIZED CRIME
Declaration:
The Government of the Republic of Indonesia declares that the provisions of Article 6 paragraph (2) subparagraph c, Article 9 paragraph (1) subparagraph a, and Article 9 paragraph (2) of the Protocol will have to be implemented in strict compliance with the principles of the sovereignty and territorial integrity of a state.
Reservation:
The Government of the Republic of Indonesia, does not consider itself bound by the provision of Article 20 paragraph (2) and takes the position that dispute relating to the interpretation and application on the Protocol which have not been settled through the channel provided for in paragraph (1) of the said Article, may be referred to the International Court of Justice only with the consent of all the Parties to the dispute.
Attachment
THE DECLARATION OF ARTICLE 6 OF THE PARAGRAPH (2) OF THE LETTER C, SECTION 9 OF THE PARAGRAPH (1) OF THE LETTER A, ARTICLE 9 OF THE PARAGRAPH (2) AND THE REFERENCE TO ARTICLE 20 OF THE PARAGRAPH (2) OF THE PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA, AND AIR, COMPLEMENTS THE UNITED NATIONS CONVENTION. AGAINST ORGANIZED TRANSNATIONAL CRIMINAL ACTS
Statement:
The Government of the Republic of Indonesia states that the provisions of Article 6 of the paragraph (2) of the letter c, Article 9 of the paragraph (1) of the letter a, and Article 9 of the paragraph (2) of the Protocol shall be implemented by meeting the principles of the sovereign and territorial integrity of the country.
Reservations:
The Government of the Republic of Indonesia states that it is not binding on Article 20 of the paragraph (2) and the establishment that in the event of a dispute due to differences in interpretation and application of the contents of the Protocol, which is not resolved through the path as verse (1) of such Article, may designate the International Court of Justice with the agreement of the disputable Parties.
