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Act No. 40 Of The Year 2008

Original Language Title: Undang-Undang Nomor 40 Tahun 2008

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Section 7
For the holding of protection against the citizens as referred to in Article 6, the government and local governments are mandatory:
., a., a. providing effective protection to any citizen who is subjected to racial and ethnic discrimination actions and guarantees an effective enforcement effort against any acts of discrimination that occur, through the process of The judiciary is conducted in accordance with the provisions of the laws of the law;
., b. Guarantees every citizen to obtain help, settlement, and fair replacement of all losses and suffering from racial and ethnic discrimination;
.,, c. supports and encourages the elimination of racial and ethnic discrimination, and guarantees the apparatus of the state and the institutions of government acting in accordance with the provisions of the laws of the laws; and
., d. Conduct an effective action plan for the purpose of using the IBM Cloud Service and the IBM International Program for IBM Cloud Service.

BAB V
SUPERVISION

Section 8
.,, (1) The supervision of any form of racial and ethnic discrimination removal efforts is carried out by the Komnas HAM.
(2) The supervision as referred to in paragraph (1) includes:
.,
., a., a. monitoring and assessment of government policies and local governments that are assessed potentially of racial and ethnic discrimination;
., b. search for facts and judgments to individual persons, community groups, or public or private institutions that are suspected of racial and ethnic discrimination;
.,, c. awarding recommendations to the government and local governments over the results of monitoring and assessment of acts that contain racial and ethnic discrimination;
., d. monitoring and assessment of government, local government and community in the holding of racial and ethnic discrimination elimination; and
., e. Recommendations to the People's Representative Council of the Republic of Indonesia to undertake supervision to the government that is not heeding the findings of the Komnas HAM.
.,, (3) Further provisions of the supervision manner as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.

BAB VI
THE RIGHT, OBLIGATION, AND THE ROLE AS WELL AS THE CITIZENS OF THE COUNTRY

The First Part
Citizens ' Rights and Liability

Section 9
Each citizen is entitled to the same treatment to obtain civil, political, economic, social, and cultural rights in accordance with the provisions of the laws, without racial and ethnic differentiation.

Section 10
Each citizen is mandatory:
a. help prevent the occurrence of racial and ethnic discrimination; and
., b. provide the correct and responsible information to the authorities if it is aware of racial and ethnic discrimination;

The Second Part
The Role As Well As The Citizen

Section 11
Every citizen acts as well in the efforts of holding protection and prevention against racial and ethnic discrimination.

Section 12
The role as well as citizens as referred to in Article 11 is implemented in a manner:
a. improving the integrity, self-reliance, and empowerment of community members;
B. grow and develop the capabilities as well as the community ' s pioneering capabilities;
., c. cultivates the perceptuation of members of the public to perform social surveillance; and
., d. provide advice, opinions, and convey the correct and responsible information.

BAB VII
REPLACE THE LOSS

Section 13
Every person has the right to file a damages claim through a state court for acts of racial and ethnic discrimination that harms itself.

Section 14
Each person alone or together has the right to file a claim for a loss through a state court for acts of racial and ethnic discrimination that harms itself.

BAB VIII
CRIMINAL PROVISIONS

Section 15
Any person who intentionally performs the distinction, exclusion, limitation, or election based on race and ethnicity resulting in the revocation or reduction of recognition, acquisition or implementation of human rights and basic freedoms In an equality in civil, political, economic, social, and cultural equality as referred to in Article 4 of the letter a, is penalised with the penultimate prison criminal 1 (one) year and/or the most fines of Rp100.000.00 (one hundred million rupiah).

Section 16
Any person who intentionally shows hatred or hatred for others based on racial and ethnic discrimination as referred to in Article 4 of the letter b, the number 2, or number 3, is convicted of the prison's longest prison. (five) years and/or fines at most Rp500.000.000.00 (five hundred million rupiah).

Section 17
Any person who intentionally performs a person's life, persecution, rape, lewd acts, violent theft, or independence based on racial and ethnic discrimination as referred to in Article 4 of the letter b number 4, being convicted in accordance with the provisions of the laws plus 1/3 (third) of each of its maximum criminal threats.

Section 18
In addition to the criminal as referred to in Article 16 and Article 17 of the perpetrators may be sentenced to additional restitution or restoration of the rights of the victims.

Section 19
.,, (1) Penal Tindak as referred to in Article 16 and Section 17 is deemed to be performed by the corporation if such a criminal act is committed by persons acting for and/or on behalf of the corporation or for the corporate interest, either based on the relationship of work and other relationships, acting in the corporate environment is both alone and together.
(2) In the event of a criminal offence as referred to by a verse (1) is performed by a corporation, then the inquiry, prosecution, and the idlection are committed against the corporation and/or the decoding.

Section 20
In the event of a call to the corporation, the summoning to face and handover of a summons is delivered to the administrator at the administrator's office, where the corporation operates, or in the residence of the lockdown.

Section 21
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Section 5
Elimination of racial and ethnic discrimination is mandatory by giving:
., a., a. protection, certainty, and commonality of rank within the law to all citizens to live free of racial and ethnic discrimination;
., b. the warranty of non-human, persons, or agency that requires protection and warranty of similarity of use of the rights as a citizen; and
.,, c. understanding to the public on the importance of pluralism and human rights awards through the hosting of national education.

Section 6
Protection against citizens of all forms of racial and ethnic discrimination is organized by the government, local government, and society, and involves the participation of all citizens exercised in accordance with the provisions of the country. Laws.

ic transport, mass media.
Number 2
., clear enough.
Figure 3
., clear enough.
Figure 4
.,, pretty clear

Section 5
.,, pretty clear.

Section 6
., in question, "society" is a group or group of people who are self-binding between one and the other.

Article 7
.,, pretty clear.

Article 8
.,, Verse (1)
., with this provision, the Komnas HAM needs to adjust the structure of its organization.
Verse (2)
.,, In this provision the supervision is intended to evaluate the government ' s policy of either the center or the area done periodically or insidentil as needed.
Letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
., clear enough.
Letter e
., the Komnas HAM proposes to the DPR RI and the DPRD to conduct actions that conform to the supervision function that it has in the middle of the time that has been determined in the decision of the government's human rights committee not to follow up on recommendations. It was given by Komnas HAM.
Verse (3)
., clear enough.

Article 9
.,, which is referred to "civil rights", among other rights to:
., a., a. free to travel and move places and be domiciled within the territory of the Republic of Indonesia;
B. leaving and returning to the unitary state of the Republic of Indonesia;
c. Maintain citizenship;
D. form a family, choose a life partner and continue the descent;
e. have property owned in your own name and along with others;
f. think, feel, feel, expression and issue opinions freely;
G. using any language freely;
h. assemble and union freely and peacefully; and
i. get information.
The one referred to "political rights", among other rights to:
., a., a. got equal treatment before the law, judicial institutions and other public administrative bodies;
., b. The safe and protection of a state against racial and ethnic violence, both physical, social or psychic violence is either caused by a government apparatus or by a particular individual, group, institution or organization;
.,, c. participates in governance as in public activities at any level; and
D. participate in the martial arts.
What is meant by "economic rights", among other rights to:
., a., a. seek to seek a viable livelihood in all regions of Indonesia;
., b. work, choose a job, have a fair and desired working condition;
c. gets a decent salary according to the work and the payroll system;
D. forming and being a member of the union;
e. obtaining protection against unemployment; and
f. have housing.
The one referred to "social and cultural rights", among other rights to:
., a., a. obtaining health care, treatment, social security and other social services;
., b. have the same opportunity and treatment of all forms of general service;
.,, c. acquired opportunities and participated in cultural, social, and economic events;
D. obtaining the same opportunity to express its culture;
., e. enjoy, get and obtain assurances on the hosting of education and training that aim to lecture and/or add to their skills, without differentiation of race and ethnicity; and
., f. Organizing an education without regard to his racial and ethnic characteristics.

Article 10
.,, the letter a
.,, these Terms of Use are intended if there will be racial and ethnic discrimination, citizens are responsible and in accordance with the provisions of the laws reporting to the authorities.
Letter b
.,, the information delivered to the authorities, in this case the Komnas HAM, Police, and Prosecutor, can be captions and evidence related to the business or activities that are discriminatory and ethnic discrimination committed by any person or corporation.

Article 11
., these Terms of Use are intended for each person, political organization, community organization, and non-governmental organization to have the same opportunity to participate in organizing and responsible and responsible efforts and/or other organizations. aims to eliminate barriers in inter-racial and inter-ethnic interaction and communication.

Article 12
.,, pretty clear.

Article 13
.,, pretty clear.

Section 14
.,, referred to by "filing a lawsuit together" is a representative lawsuit (class action) in this section is the right of a small group of people to act on behalf of the public in large amounts aggrieved on the basis of The similarity of the problems, the legal facts and the demands due to the activities of discrimination based on race and ethnicity.

Article 15
.,, pretty clear.

Section 16
.,, pretty clear.

Section 17
.,, pretty clear.

Article 18
.,, pretty clear.

Section 19
.,, pretty clear.

Section 20
.,, pretty clear.

Section 21
.,, pretty clear.

Section 21
.,, these Terms are intended for related laws, e.g. Law Number 11 Year 2008 on Information and Electronic Transactions, Act Number 13 of the Year 2006 on Witness Protection and Victims, Book The Criminal Law Act, and the Criminal Code Law Act are laws that complement or complement each other in order to facilitate the application of law.

Section 23
.,, pretty clear.
citizens in the attempted elimination of racial and ethnic discrimination; 8. damages for damages for acts of racial and ethnic discrimination; and
9. The use of any person performing an act is:
.,
., a., a. treat differentiation, exclusion, limitation, or election based on race and ethnicity, resulting in the revocation or reduction of recognition, acquisition, or implementation of human rights and basic freedoms in an equality in the field civil, political, economic, social, and cultural; and
., b. shows hatred or hatred for people because of racial and ethnic differences by performing certain acts.
.,, the drafting of the Act is the embodiment of Indonesia ' s commitment to implementing the Universal Declaration of Human Rights.

II. SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, Verse (1)
., clear enough.
Verse (2)
., in this provision referred to as "religious values" are the values embraced by every religion that regulates the human relationship with humans as well as its environment.

Section 3
.,, pretty clear.

Section 4
.,, the letter a
.,, Restrictions in these provisions, for example, the restriction of a person of a particular race or ethnicity to enter an educational institution or to occupy a public office is only a person of a particular race or ethnicity.
Letter b
.,, Figure 1
., referred to as "common ground" is a place that, among other things, is inhabited or visited or became a gathering place of people, such as shops, work places, parks, parking lots, publ