Act No. 15 Of 2009

Original Language Title: Undang-Undang Nomor 15 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ea4221bd0b637313231353337.html

Law 15-2009 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 54, 2009 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4991) legislation of the REPUBLIC of INDONESIA number 15 in 2009 ABOUT the ENDORSEMENT of the PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME (Protocol AGAINST the SMUGGLING of MIGRANTS by LAND, sea and air, SUPPLEMENTING the United Nations CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME) and the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA ,.,, Considering: a. that it is based on the Constitution of the Republic of Indonesia in 1945, the people of Indonesia as part of the international community is obliged to execute the order gained a world based on independence, peace, and social justice;
.,, b. Protocol Against smuggling of Migrants by land, sea and air, Supplementing the United Nations Convention Against Transnational Organized Crime is one of the parts that are an integral part of the United Nations Convention Against Transnational Organized Crime so that the prevention and suppression of smuggling of migrants needs to be done, both at the level of national, regional and international level;
.,, c. that the signing of the Protocol Against the smuggling of Migrants by land, sea and air, Supplementing the United Nations Convention Against Transnational Organized Crime by the Government of the Republic of Indonesia is a reflection of the participation nation Indonesia in carrying out the order of the world;
.,, d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish laws on the endorsement of the Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against the smuggling of Migrants by land, sea and air, Supplementing the United Nations Convention Against Transnational Organized Crime);
.,, Considering: 1. Article 5 paragraph (1), article 11, and article 20 of the Constitution of the Republic of Indonesia in 1945;
., ,2. Law Number 37 year 1999 concerning foreign relations (State Gazette of the Republic of Indonesia year 1999 Number 156, additional sheets of the Republic of Indonesia Number 3882);
., ,3. Law Number 24 year 2000 concerning international treaty (State Gazette of the Republic of Indonesia year 2000 Number 185, an additional Sheet of the Republic of Indonesia Number 4012);
., ,4. Act No. 5 of 2009 about the endorsement of the United Nations Convention Against Transnational Organized Crime (United Nations Convention Against Transnational Organized Crime) (State Gazette of the Republic of Indonesia number 5 in 2009, an additional Sheet of the Republic of Indonesia Number 4960);
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES:.,, define: laws on ATTESTATION PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME (Protocol AGAINST the SMUGGLING of MIGRANTS by LAND, sea and air, SUPPLEMENTING the United Nations CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME).
Section 1.,, (1) ratified the Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against the smuggling of Migrants by land, sea and air, Supplementing the United Nations Convention Against Transnational Organized Crime) and Declaration (Statement) against article 6 paragraph (2) Letter c of article 9, paragraph (1) letter a, and article 9 paragraph (2) and Binding (Pensyaratan) against article 20 paragraph (2).
.,, (2) a copy of the original Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against the smuggling of Migrants by land, sea and air, Supplementing the United Nations Convention Against Transnational Organized Crime) and Declaration (statement) and Reservation (Pensyaratan) referred to in subsection (1) in the language of the translation is in English United Kingdom and Indonesia as attached is part of which is inseparable from the Act.
Article 2 this law comes into force on the date of promulgation.

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

.,, Enacted in Jakarta on March 16, 2009 the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on 16 March 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY MATTOANGIN RI No. 4991 (explanation of the 2009 State Gazette Number 54) EXPLANATION for the law of the Republic of INDONESIA number 15 in 2009 ABOUT the ENDORSEMENT of the PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND , SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME (Protocol AGAINST the SMUGGLING of MIGRANTS by LAND, sea and air, SUPPLEMENTING the United Nations CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME) i. public.,, Indonesia, as the world's largest archipelago, is prone to various forms of smuggling, including the smuggling of migrants.
Migrant Smuggling, is one form of transnational crime that is often done in a well organized. Thus, effective action to prevent and combat the smuggling of migrants by land, sea and air requires a comprehensive approach, including by conducting cooperation, information exchange and other efforts are needed, both at the level of national, regional and international level.
.,, Indonesia, as a Member State of the United Nations, signed the instruments of international law that specifically regulate the efforts of prevention and eradication of transnational organized crime, namely the United Nations Convention Against Transnational Organized Crime (United Nations Convention Against Transnational Organized Crime) on 15 December 2000 in Palermo, Italy and two protokolnya namely 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, Suppress, and Punish Trafficking persons, Especially Women and children, Supplementing the United Nations Convention Against Transnational Organized Crime) and the Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime (Protocol Against the smuggling of Migrants by land , Sea and air, Supplementing the United Nations Convention Against Transnational Organized Crime) as a manifestation of the commitment of Indonesia in preventing and eradicating transnational organized criminal acts, including the criminal offence of migrant smuggling.
., In accordance with the provisions of the Protocol, Indonesia declared Pensyaratan (Reservation) against the provisions of article 8 paragraph (2) governing the dispute resolution options in case of differences of interpretation and application of the content of the Protocol. Pensyaratan was taken with the establishment that in the event of disputes due to differences of interpretation and application of the content of the Protocol that are not resolved through the mechanism referred to in paragraph (1) of that Section, may appoint the International Court as a dispute resolution institution based on agreement of the parties to the dispute.
., Indonesia, also made a statement (Declaration) of the provisions of article 6 paragraph (2) Letter c of article 9, paragraph (1) letter a, and article 9 paragraph (2) of the Protocol with the establishment that the provision of such clauses will be implemented subject to the principles of sovereignty and territorial integrity of the country.

Trees FILL the Convention.,, 1. The relationship between the Protocol and the United Nations Convention Against Transnational Organized Crime, article 1 of the Protocol, declare that this Protocol supplementing the United Nations Convention Against Transnational Organized Crime and must be interpreted in line with the Convention.

Thus, the provisions contained in this Convention applies equally against this Protocol, unless otherwise stated.

In addition, the criminal offence defined in this Protocol is also considered as a criminal offence set out in the Convention.

2. The purpose of the Protocol, article 2 of the Protocol states that the purpose of this Protocol is to prevent and combat the smuggling of migrants as well as to promote cooperation between States parties to achieve that goal, by protecting the rights of smuggled migrants.

3. The scope of the Protocol, article 4 of the Protocol states that the scope of enforceability of this Protocol is an effort of prevention, investigation, and prosecution of criminal acts as defined in this Protocol, which are transnational and involve a group of perpetrators of organized criminal acts, and also for the protection of the rights of people who become the object of the criminal offence.

4. Criminal liability of migrants, article 5 of the Protocol, States that migrants cannot incur criminal responsibility because they were the object of the criminal offence defined in this Protocol.

5. The obligations of States parties,

., In accordance with the provisions of the Protocol, each State Party in the Protocol have an obligation as follows:.,, a. made the criminal acts that have been defined in the Protocol as a criminal offence in national legislation (the obligations of criminalization) [of article 6];
.,, b. in the case of migrant smuggling by sea, each State party is obliged to cultivate cooperation to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea and seeks to take the entire action as set forth in the Protocol against migrant smuggling cases at sea by observing the signs that have been provided by the Protocol [article 7 to article 7]; and, c.., in prevention efforts, teamwork, and other necessary efforts in eradicating the smuggling of migrants, each State Party in the Protocol is also obliged to share information, cooperate in strengthening oversight in the area of the border, maintaining security and surveillance documents, conduct training and technical cooperation, protection and perbantuan as well as the repatriation of smuggled migrants Act [Chapter 10 to article 18].

II. For the SAKE of ARTICLE ARTICLE article 1., in case of differences of interpretation, against the translation in the language of Indonesia, which in effect is the original text of the Protocol in the language of the United Kingdom.

Article 2,, pretty obvious 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 the 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 8 paragraph (2) and takes the position that the 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.
The annex to the DECLARATION AGAINST article 6 paragraph (2) LETTER C of article 9, paragraph (1) Letter A, article 9 paragraph (2) and PENSYARATAN AGAINST article 20 paragraph (2) of the PROTOCOL AGAINST the SMUGGLING of MIGRANTS by LAND, sea and air, SUPPLEMENTING the United Nations CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME: the Government of the Republic of Indonesia Statement declares that the provisions of article 6 paragraph (2) Letter c of article 9, paragraph (1) letter a , and article 9 paragraph (2) of the Protocol will be implemented by fulfilling the principles of sovereignty and territorial integrity of a country.

Pensyaratan: the Government of Republic Indonesia declared not tied to article 20 paragraph (2) and held that in the event of disputes due to differences of interpretation and application of the content of the Protocol, which is not resolved through the line as referred to in paragraph (1) of that Section, may appoint the International Court by agreement of the parties to the dispute.