Act No. 12 Of 2005

Original Language Title: Undang-Undang Nomor 12 Tahun 2005

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e8cdbd530c03f313231343538.html

! kc AGREEMENT. Endorsement. The agreement. Civil Rights. The political ACT 12-2005 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 119, 2005 (explanation in an additional Sheet of the Republic of Indonesia Number 4558) legislation of the REPUBLIC of INDONESIA number 12 in 2005 ABOUT the ENDORSEMENT of the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (INTERNATIONAL COVENANT ON CIVIL and POLITICAL RIGHTS) and the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that human rights is a fundamental right that is inherent to the human self is not supernatural , is universal and lasting, and therefore, must be protected, respected, maintained, and should not be ignored, downplayed, or taken away by anyone;
.,, b. that the nation of Indonesia as a part of the international community, respecting, valuing, and upholding the principles and purposes of the Charter of the United Nations and the Universal Declaration of Human rights;
.,, c. that the General Assembly of the United Nations, in a hearing on 16 December 1966, ratified the International Covenant has been on Civil and Political Rights (International Covenant on Civil and political rights);
.,, d. that the international instruments referred to in letter c is basically not incompatible with Pancasila and the Constitution of the Republic of Indonesia in 1945, according to the nature of the Republic of Indonesia as a country that upholds the dignity of the law and human dignity which guarantees the position equation of all citizens within the law, and the desire of the nation of Indonesia to continuously promote and protect human rights in the life of nation and State;
.,, e. that based on considerations as referred to in letter a, letter b, letter c, letter d and need to establish laws on the Ratification of the International Covenant on Civil and Political Rights (International Covenant on Civil and political rights).
.,, Considering: 1. Article 5 paragraph (1), article 11, article 20 paragraph (2), article 27, paragraph (1) of article 28, article 28A, article 28B, article 28D, article 28G, article team, article 28I and 28J Article, the Constitution of the Republic of Indonesia in 1945;
., ,2. Law Number 37 year 1999 concerning Foreign Affairs State Gazette of the Republic of Indonesia (1999 Number 156; An additional Sheet of the Republic of Indonesia Number 3882);
., ,3. Act No. 39 of 1999 on human rights (Gazette of the Republic of Indonesia year 1999 Number 165; An additional Sheet of the Republic of Indonesia Number 3886);
., ,4. 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);
., ,5. Law number 26 of 2000 on Human Rights Court (Indonesia Republic Gazette year 2000 Number 208);
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES:.,, set: the law on the RATIFICATION of the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (INTERNATIONAL COVENANT on civil rights and POLLTIK).
Section 1.,, (1) ratified the International Covenant on Civil and Political Rights (International Covenant on Civil and political rights) and Declaration (Declaration) of article 1.
.,, (2) a copy of the original text of the International Covenant on Civil and Political Rights (International Covenant on Civil and political rights) and a Declaration (Declaration) of article 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 October 28, 2005 the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on October 28, 2005 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, HAMID AWALUDIN RI STATE GAZETTE SUPPLEMENTARY No. 4558 (explanation of the 2005 State Gazette Number 119) EXPLANATION for the law of the Republic of INDONESIA number 12 in 2005 ABOUT the ENDORSEMENT of the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL Rights (INTERNATIONAL COVENANT ON CIVIL and POLITICAL RIGHTS) i. public.,, 1. The history of the birth of the International Covenant on Civil and political rights.,,.,, on 10 December 1948, the General Assembly (MU) of the United Nations (UN) proclaimed the Universal Declaration of Human Rights (the Universal Declaration of human rights, henceforth abbreviated DUHAM), which contains the fine points of human rights and fundamental freedoms, and is intended as general reference results achievement for all peoples and Nations to provided the recognition and respect of the rights and fundamental freedoms are universal and effective , both among the peoples of Member States of the UNITED NATIONS itself or among the peoples in the territories under their jurisdiction.
.,, The international community realized the need for the elaboration of the rights and basic freedoms stated by DUHAM into international instruments which are legally binding.
.,, With respect to it, in 1948, the UN General Assembly requested the Commission on human rights (KHAM) of the UNITED NATIONS which had been preparing to draw up a draft Covenant DUHAM about HAM along with the draft Act implementation. The Commission began work in 1949. In 1950, the UNITED NATIONS endorses a resolution MU stating that civil and political liberties pengenyaman and basic freedoms on the one hand and the rights of economic, social and cultural on the other hand are intertwined and interdependent.
.,, After a long debate, in a hearing in 1951, MU UN UN HUMAN RIGHTS Commission asked to design two Covenant on human rights: (1) of the Covenant on Civil and political rights; and (2) of the Covenant on economic, social and cultural. MU UN also States specifically that both the Covenant shall contain the same provisions as much as possible, and should contain the Article that would establish that all peoples have the right to self-determination.
., UN HUMAN RIGHTS Commission, successfully completed two draft Covenant in accordance with the decision of the UNITED NATIONS in 1951, MU respectively in 1953 and 1954. After discussing the draft of the second Covenant, in 1954 the UN decided to THY postings possible so that Governments can study it in depth and audiences can express his views freely. For that purpose, MU UN Committee suggested that the UN discuss a script draft III Covenant that Article for the sake of Article started in 1955.
.,, Although discussion has been started according to the schedule, the manuscript of the second Covenant was recently completed in 1966. Finally, on December 16, 1966, with resolution 2200A (XXI), MU UN affirms the Covenant on Civil and political rights together with the Optional Protocol on the Covenant of civil and political rights and the Covenant on the rights of economic, social, and cultural. Internasionaf Covenant on civil rights and political rights and its Optional Protocol on the International Covenant on civil rights and politics started berfaku on 23 March 1976.
., ,2. Consideration of Indonesia to be Parties in the International Covenant on Civil and Political Rights (International Covenant on Civil and political rights).,,.,, Indonesia is a country of law and since its birth in 1945 upholding human rights.
., Indonesia, attitudes can be seen from the fact that although created before diproklamasikannya DUHAM, the Constitution of the Republic of Indonesia in 1945, already contains some provisions on respect of HUMAN RIGHTS are very important. Those rights include the right of all nations upon independence (first paragraph); the right to citizenship (article 26); position of the equation all citizens of Indonesia in law and Government (article 27 paragraph (1)); the rights of citizen of Indonesia over the work (article 27 paragraph (2)); the right of every citizen of Indonesia over a decent life for humanity (article 27 paragraph (2)); the right of Association and Assembly for every citizen (article 28); the independence of each population to embrace his religion and to worship according to his religion and beliefs (Article 29 paragraph (2)); and the right of every citizen of Indonesia over education (article 31 paragraph (1)).
., Indonesia, attitude in advancing and protecting HUMAN RIGHTS have continued despite Indonesia experienced a reshuffling of the country from a unitary State into a federal State (27 December 1949 until August 15, 1950). The Constitution in force at that time, i.e. the Constitution of the Republic of Indonesia States (Constitution, RIS), contains most of the points laid out in the HUMAN RIGHTS obligations of Governments DUHAM to protect it (article 7 to article 33).

., Who returned to Indonesia, the arrangement of the unitary State since August 15, 1950 continue to konstitusionalnya commitment to upholding human rights. The Basic Law While the Republic of Indonesia (RI UUDS 1950) in force since 15 August 1950 until July 5, 1959, as the RIS, the Constitution also contains most of the points laid out in the HUMAN RIGHTS obligations of Governments DUHAM to protect it (article 7 to article 33), and even the same portion of it reads Word for Word with the relevant provisions set forth in the Constitution of the RIS. In addition to the national commitment at the time of the enactment of UUDS RI in 1950, Indonesia also confirms its international commitment in the promotion and protection of HUMAN RIGHTS, as demonstrated by the Government's decision to stick to impose some Labor Convention produced by the International Labour Organization (International Labour Organization) made before World War II and declared applicable to Netherlands East Indies by the Netherlands Government, a party to the Convention at several other International Labour Organization created by after World War II , and ratify a Convention of HUMAN RIGHTS made by the United Nations, namely, the Convention on the Political Rights of Women of 1952 (the Convention on the political rights of women of 1952), through Act No. 68 of 1958.
.,, In the history of the life of the nation of Indonesia, the promotion and protection of HUMAN RIGHTS has experienced ups and downs. At a time of such efforts successfully fought, but at the time it was defeated by the interests of other powers. Finally, realize that the life of a nation and a country who did not heed the promotion and protection of HUMAN RIGHTS, will always cause an injustice to the public at large and not give a healthy foundation for economic development, political, social and Cultural Centre for the long term.
The reform movement, which reached its peak in 1998 has been uplifting the nation of Indonesia to make corrections to the system and practices of the past, especially to re-establish the furtherance and protection of human rights.
Next, Indonesia announced a national action plan (RAN) of HAM through the Presidential Decree Number 129 in 1998 of a national plan of action on human rights 1998-2003 which is then followed by the second HAM RAN through the Presidential Decree Number 40 of 2004 concerning the national plan of action on human rights 2004-2009 and ratification or endorsement Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment , 1984 (the Convention Against Torture and other degrading treatment or Punishment that is cruel, inhuman, or Degrading human dignity, 1984) on September 28, 1998 (Act No. 5 of 1998; The State Gazette of the Republic of Indonesia Number 164 in 1998; An additional Sheet of the Republic of Indonesia Number 3783). In addition through the law of 1999 the number 29, Indonesia has also ratified the International Convention on the Elimination of All Forms of Racial Discrimination (International Convention on the Elimination of all forms of racial discrimination).
., On November 13, 1998, the people's Consultative Assembly (MPR) took a very important decision that means for the promotion and protection of human rights, the people's Consultative Assembly ratified the Statutes of the Republic of Indonesia Number XVI/MPR/1998 on human rights, supporting the load "the views and attitudes of Indonesia Nation against human rights" (Annex figure I) and the "Charter of human rights" (Annex II, figure).
.,, Preamble the Ordinance MPR Number XVII/MPR/1998 that stated, among other things, "that the preamble of the Constitution of 1945 had mandates the recognition, respect, and the will for the implementation of human rights in the life of society and State" (the letter b) and "that the nation of Indonesia as a part of the world community ought to be respectful of the human rights set forth in the Universal Declaration of human rights of the United Nations and other international instruments on human rights" (letter c). Furthermore, the ASSEMBLY stated that the Statutes of the nation of Indonesia as a member of the United Nations have a responsibility to respect the Universal Declaration of human rights (Universal Declaration of Human Rights) and various other international instruments on human rights "(Annex IB number 2). As it known that DUHAM 1948, the International Covenant on Civil and political rights, the Optional Protocol to the International Covenant on the rights of civil and political rights and the International Covenant on the rights of economic, social, and culture is the main international instruments concerning HUMAN RIGHTS and are often referred to as the "International Bill of Human Rights" (International Inscription on human rights), which is the core international instruments on human rights.
., People's Consultative Assembly of the Republic of Indonesia has ratified changes to the 1945 Constitution. The first change in the annual session of the MPR RI in 1999;
., second amendment, ratified in the Annual session of the MPR RI in 2000; the third change was passed in the Annual session of the MPR RI in 2001; and the fourth change was passed in the Annual session of the MPR RI in 2002. The second amendment of the Constitution of 1945 against the efforts of Indonesia's commitment to perfecting the promotion and protection of HUMAN RIGHTS by integrating the provisions of the international instruments on human rights, as stated in chapter XA on human rights. The changes are maintained up to four changes to Constitution 1945, later known as the Constitution of the Republic of Indonesia in 1945.
., In accordance with the Constitution of the Republic of Indonesia in 1945 that requires the promotion and protection of human rights in the life of society, nation, and State as well as the nation's commitment to Indonesia as part of the international community to promote and protect human rights, Indonesia needs to ratify the main international instruments concerning HUMAN RIGHTS, in particular the International Covenant on Economic, Social and Cultural Rights (International Covenant on the rights of economic, social, and cultural) as well as the International Covenant on Civil and Political Rights (International Covenant on Civil and political rights).

3. the Principal contents of the International Covenant on Civil and political rights.
.,,.,, the Covenant affirms HUMAN RIGHTS issues in the field of civil and political rights listed in DUHAM provisions so that it becomes legally binding and penjabarannya includes other trees. The Covenant consists of a preamble and articles that cover 6 chapters and 53 article.
Second, the opening, the Covenant reminding States of their obligations will, according to the Charter of the United Nations, to promote and protect HUMAN RIGHTS, reminding the individual will be his responsibility to work hard for the furtherance and penaatan of HUMAN RIGHTS under the Covenant in relation to other individuals and society, and recognizing that, in accordance with DUHAM, aspiration of mankind to enjoy civil and political freedom and freedom from fear and poverty can only be achieved if it has created conditions for everyone to be able to enjoy civil rights and political as well as the rights of economic, social and cultural importance.
.,, Article 1 States that all peoples have the right to self-determination and calls upon all countries, including countries that are responsible for the governance of the territories Own Berpemerintahan and trust, to promote the realization of those rights. This article has the meaning which is very important at the time of the passage of this Covenant in 1966 because when it was still a lot of colonies.
.,, Article 2 sets out the obligations of each State party to respect the rights recognized in the Covenant. This article also ensures that its implementation for all individuals who reside in its territory and under its jurisdiction without any distinction of any kind.
.,, Article 3 affirms equality between men and women.
.,, Article 4 stipulates that the public in an emergency that threatens the life of the nation and the State was promulgated, the State party may take action that deviates from its obligations according to this Covenant as far as it is absolutely necessary by the need for such emergency situations, provided that the action does not lead to discrimination solely based on race, colour, sex, language, religion or social origin.
.,, Article 5 States that no one else in this Covenant provisions which can be interpreted as giving the rights to the State, group, or person to engage in activities or do actions that aim at destroying any right or freedom recognized in the Covenant, or more restrictive than those set forth in the Covenant. This article also prohibits the limitation or deviation of the fundamental HUMAN RIGHTS recognized or valid in States parties on the basis of law, conventions, regulations or custom on the pretext that the Covenant does not recognize such rights this or admit it but in a more narrow.

.,, Article 6 to article 27 stipulates that every human being has the right to life, that this right is protected by law, and that no one may be arbitrarily deprived of his life (article 6); that no one shall be subject to torture, degrading treatment or punishment that is cruel, inhuman, or degrading the dignity (article 7); that no one shall be enslaved, that slavery and the slave trade are prohibited, and that no one can be diperhamba, or required to perform forced labour or compulsory work (article 8); that no one may be arrested or detained arbitrarily (article 10); and that no one shall be imprisoned merely on the ground of his inability to meet the obligations of kontraktualnya (article 11).
Next, the Covenant establishes the freedom of any person who is lawfully in the territory of a State to move and choose a place of residence in the territory, to leave any country including his own, and that no one shall be arbitrarily deprived of the right to enter his own country (article 12); the settings enforced for the expulsion of foreigners who lawfully reside in the State party (article 13); the equation of everyone in front of the courts and judicial bodies, the right to a fair and open examination by a competent judicial body, the free and independence, the right to presumption of innocence for everyone charged with a criminal offence, and every person sentenced over the penalty decision or review by a higher judicial body (article 14); the enactment of the prohibition of retroactive criminal legislation basis (article 15); the right of every person to be recognized as a person before the law (article 16); dicampurinya and may not be arbitrarily or unlawfully privacy, family, home or correspondence of a person (article 17).
Further, the Covenant establishes the right of every person to freedom of thought, belief dan'beragama as well as the protection of those rights (article 18); the right of people to have opinions without interference and the right to freedom to express opinions (article 19); prohibition of war propaganda and the actions upon which advocated hatred on the basis of nationality, race or religion that is incitement to commit acts of discrimination, hostility or violence (article 20); the recognition of the right to assemble is peace (article 21); the right of every person to freedom of Association (article 22); recognition of the rights of male and female mating age to make a marriage and found a family, the principle that marriage should never be undertaken without the free and full consent of the parties to establish a marriage (article 23); children's rights over the protection required by his status as minors, must soon be didaftarkannya each child after birth and must have a name, and the rights of the child over the nationality (article 24); the right of every citizen to participate in public affairs, to vote and elected, as well as to have access on general terms on the same public office in his country (article 25); the equation of the position of everyone before the law and the rights of all the people over the same legal protection without discrimination (article 26); and action to protect ethnic group, religion, or language minorities which may exist in the State party (article 27).
.,, Article 27 is the final part of the substantive Covenant. To oversee the implementation of the rights set forth in the Covenant, article 28 to this with article 45 stipulates the formation of a Committee by the name of the Human Rights Committee (Human Rights Committee) and its provisions regarding the membership, how to conduct meetings, elections, the possibility for States parties to declare at any time that these countries recognize the authority of the said Committee to receive and discuss the communication stated that a State party may denounce the fulfillment of obligation about not according to the Covenant by the State party to other , and the workings of the Committee in dealing with the problems posed to him.
.,, The Covenant then asserted that there is not one of the provisions in this Covenant may be interpreted as reducing the provisions of the UN Charter and the constitutions of specialized agencies in connection with issues under this Covenant (article 46); and that not one of the provisions in this Covenant may be interpreted as reducing the inherent right of all peoples to enjoy and use fully and freely natural wealth and resources (article 47).
., This Covenant, concludes with chapters covering procedural nature such as the opening of the signing, the procedure to be taken by a State to become a party to it, starting the enactment, the enactment of the scope, covering all parts of the federal State without restrictions and exceptions, the procedure changes, the task of the Secretary-General as the depository institutions (depositary) of the Covenant, and the language used in the authentic manuscript (article 48 up to Article 53).

II. For the SAKE of ARTICLE ARTICLE article 1, paragraph (1),, the International Covenant on Civil and Political Rights (International Covenant on Civil and political rights) and the International Covenant on Economic, Social and Cultural Rights (International Covenant on the rights of economic, social, and cultural) are the two instruments which are interdependent and interlinked.

As stated by MU UN in 1977 (resolution 32/130 on December 16, 1977), all of the rights and fundamental human freedoms is not indivisible and interdependent (interdependent). Promotion, protection and fulfilment of the rights of these two groups should get the same attention.

Implementation, promotion, and protection of civil rights and politics is unlikely achievable without any pengenyaman rights economic, social, and cultural. Subsection (2), in case of divergence of interpretation, against the translation in the language of Indonesia, a script that applies is the original text in the language of the United Kingdom for the International Covenant on civil rights and political rights and the Declaration (Declaration) of article 1 of the Covenant.

Article 2,, is quite clear