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Act No. 12 Of 2005

Original Language Title: Undang-Undang Nomor 12 Tahun 2005

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on has begun on schedule, the Kovenan ' s second manuscript was only recently completed in 1966. Finally, on December 16, 1966, with the resolution of 2200A (XXI), the United Nations passed the Covenant on Civil and Political Rights together with the Optional Protocol to the Covenant on Civil and Political Rights and the Covenant on the Rights of the Economy, Social, and cultural. The International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Rights began to vote on 23 March 1976.

., 2. Indonesian considerations to be Parties to the International Covenant on Civil and Political Rights (International Covenant on Civil and Political Rights)
.,
.,, Indonesia is a legal country and since his birth in 1945 upheld human rights.
.,, the attitude of Indonesia can be seen from the fact that although it was made prior to the proclaiming of DUHAM, the Constitution of the Republic of Indonesia in 1945 already contained some provisions on the respect of human rights that are very important. These rights include the rights of all nations over independence (the First paragraph of the Opening); the right to citizenship (Article 26); the equality of all Indonesian citizens in law and government (Article 27 paragraph (1)); the rights of the citizens of the country. Indonesia on the job (Article 27 verse (2)); the right of every Indonesian citizen to a life worthy of humanity (Article 27 verse (2)); the right of the union and assembly for each citizen (Article 28); the independence of every resident to embrace His religion, and his religion, and for his faith, and for his trust, (2)); and the right of every Indonesian citizen over education (Article 31 verse (1)).
.,, Indonesia's attitude in advancing and protecting human rights continued despite Indonesia's change in the pattern of state from the unitary state into a federal state (27 December 1949 until 15 August 1950). The Constitution of the United States of Indonesia (RIS Constitution) contains most of the points of human rights listed in the DUHAM and the Government's obligation to protect it (Article 7 to Article 33).
., Indonesia, who has returned to an array of unitary states since August 15, 1950 continues to continue its constitutional commitment to uphold human rights. The Provisional Constitution of the Republic of Indonesia (UUDS RI Tahun 1950) which came into force from 15 August 1950 to 5 July 1959, as the RIS Constitution, also contains the majority of human rights listed in DUHAM and Government obligations. to protect him (Article 7 to Article 33), and even a part of it as word for word with the concerned provisions set forth in the RIS Constitution. In addition to the national commitment, at the expiration of the UUDS RI in 1950, Indonesia also confirmed its international commitment to human rights in submission and protection, as indicated by the Government's decision to continue to impose some. the labor convention produced by the International Labour Organization (International Labour Organization) which was created before World War II and stated in effect for the Dutch East Indies by the Dutch Government, being a party to several conventions. Another made by the International Labour Organization after the War World II, and passed a human rights convention made by the United Nations, the Convention on the Political Rights of Women 1952 (Convention on the Political Rights of the Women of 1952), through Law No. 68 of 1958.
.,, in the history of Indonesian life, efforts to establish and protection of human rights have been subjected to low tides. At some point the effort was successfully fought, but in the other times it was defeated by the interests of power. Finally, it was realized that a nation-state and a country that did not heed submission and, the protection of human rights would always pose an injustice to the wider society and not provide a healthy foundation for economic, political development. social and cultural for the long term.
.,, the reform movement that reached its peak in 1998 has aroused the spirit of the Indonesian nation in order to correct the system and practices of the past, especially in order to re-establish the submission and protection of human rights.
., Furthermore Indonesia listed the National Action Plan (RAN) of Human Rights through Presidential Decree No. 129 of 1998 on the 1998-2003 Human Rights National Action Plan which was later resumed with the second RAN human rights through Presidential Decree. Number 40 of 2004 on the National Action Plan of Human Rights 2004-2009 and the ratification or passage of the Convention Against Torture and Other Cruel, Inhumans or Degrading Treatment or Punishment, 1984 (Convention Against Torture and Treatment or Treatment of Torture and Other Cruel). Another Cruel, Inhumane, or Degrading Human Dignity, 1984) On September 28, 1998 (Act No. 5 of 1998; Gazette of the Republic of Indonesia in 1998 Number 164; Additional Gazette of the Republic of Indonesia Number 3783). In addition to the 1999 Act No. 29, Indonesia has also ratified the International Convention on the Elimination of All Forms of Racial Discrimination (the International Convention on the Elimination of All Forms of Racial Discrimination).
.,, on November 13, 1998, the People's Consultative Assembly (MPR) took the most important decision for the submission and protection of human rights, namely by passing the Assembly's Consultative Assembly. XVII/MPR/1998 on Human Rights, which contains "Indonesian views and attitudes towards Human Rights" (Appendix of the number I) and the "Charter of Human Rights" (Appendix of the numeral II).
.,, the considerline of the MPR Decree No. XVII/MPR/1998 stated, among other things, " that the Opening of the Basic Law of 1945 has mandated recognition, respect, and will for the exercise of human rights in organizing life. Society, nation and country "(letter b) and" that Indonesians as a part of the community of the world should respect the human rights held in the Universal Declaration of Human Rights of the United Nations as well as the instruments of the world. The other international is about human rights " (c). Furthermore, the Decree of the MPR stated that the Indonesian Nation as a member of the United Nations has a responsibility to respect the Universal Declaration of Human Rights and its various Other international instruments of human rights " (Appendix IB figures 2). As it is known that the 1948 DUHAM, the International Covenant on Civil and Political Rights, the Optional Protocol on the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights is The major international instruments on human rights and are commonly referred to as the International Bill of Human Rights, which are the core international instruments on human rights.
.,, the People ' s Consultative Assembly of the Republic of Indonesia has passed a change ion human rights: (1) Covenant on civil and political rights; and (2) Covenant on economic, social and economic rights and rights. culture. The United Nations also stated in particular that both Kovenan should contain as many provisions as possible, and must contain the Article that would specify that all citizens have the right to self-determination.
.,, the UN Human Rights Commission successfully completed two Kovenan designs in accordance with the United Nations ' MU decision in 1951, respectively in 1953 and 1954. After discussing both of the design, in 1954 the United Nations decided to make it possible that the governments of the countries could study it in depth and the audience could declare its views freely. For this purpose, the United Nations advised the United Nations Committee III to discuss the design of the Covenant for Article by article starting in 1955.
., although the discussi possibility for a party country to at any time state that the country recognizes the authority of the Committee to accept and discuss communications that states that a party may complain about it. about not being disobeyed by the Covenant of the Covenant by other parties, and the way it works. The committee is in handling the issues raised to him.
.,, Kovenan later asserted that not a single provision in this Covenant may be construed as reducing the provisions of the UN Charter and a special body constitution in relation to the issues set out in this Covenant (Article 46); and that not a single provision in this Covenant may be construed as reducing the inherent right of all the people to enjoy and use in full and free of wealth and its natural resources (Article 47).
.,, this Covenant concludes with a procedural closing Articles such as the opening of a signing, a procedure to be taken by a state to be a party to him, starting to expire, the scope of the expiring which, covering all of the The federal state without restriction and exclusion, its procedures, the duties of the Secretary General of the United Nations as the Covenant of the Covenant, and the language used in an authentic manuscript (Article 48 to Article 53).

II. SECTION BY SECTION

Section 1
.,, Verse (1)
.,, 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 Economic, Social, and Cultural Rights) are two interdependent and interrelated instruments.
As the United Nations MU stated in 1977 (resolution 32/130 on 16 December 1977), all basic human rights and freedoms cannot be divided and interdependent. The submission, protection, and fulfillment of these two rights groups must get the same attention.
The implementation, submission, and protection of civil and political rights may not be achieved without the imposition of economic, social, and cultural rights.
Verse (2)
., in the event of a different interpretation of the translation in English, the valid text is the original manuscript in the English language of the International Covenant on Civil and Political Rights and the Declaration (Declaration) of Article 1 This kovenan.

Section 2
.,, pretty clear.
ic, social and cultural rights.
., Article 1 states that all citizens have the right to self-determination and call upon all countries, including those of the countries responsible for the government of the Unself-governing Territories and the Territories. Trust, to advance the embodiment of such rights. This article had a very important meaning at the time of this Kovenan's time in 1966 because when it was still a large part of the colony.
.,, Section 2 establishes the obligation of each State of the Parties to respect the rights recognized in this Covenant. This section also ensures that it is for all individuals who are in its territory and who are under its jurisdiction without any distinction.
.,, Article 3 affirm the equality of rights between men and women.
.,, Article 4 stipulats that in a general state of emergency that threatens the life of the nation and the state is declared officially, the state may take any deviant action from its obligations according to the Covenant as far as it is absolutely necessary. by the necessity of such an emergency situation, provided that it does not result in discrimination solely based on race, skin color, gender of language, religion, or social origin.
., Article 5 states that not a single provision in this Covenant can be construed as giving the right to a state, a group, or someone to involve itself in activities or to commit acts that aim to destroy rights. Or whatever freedom is recognized in this Covenant or limit it more than it is specified in the Covenant. This section also prohibits the restriction or limitation of fundamental human rights that are recognized or applicable in a party state by law, convention, regulation, or custom, under the pretext that this Covenant does not recognize such rights or Admit it, but it's more narrow.
., Article 6 to Article 27 stipulats that every human being has a right to life, that this right is protected by law, and that no one can be deprived of his right of life arbitrarily (Article 6); that no one may be subject to the law. The punishment, the cruel, inhuman treatment, or the dehumanizing, or degrading of dignity (Article 7); that no man should be enslaved, that slave and slave trade is prohibited, and that no one should be enslaved, or required to be enslaved. doing forced labor or mandatory work (Article 8); that no one can be arrested or arbitrarily detained (Article 10); and that no one can be imprisoned only on the basis of his inability to fulfill his contractual obligations (Article 11).
., Furthermore, the Kovenan established the freedom of every person who was lawfully in the territory of a country to move around and choose where he lived in the region, to leave any country including his own country, and that it was not. A man may be arbitrarily deprived of his right to enter his own country (Article 12); an arrangement enforceable for the expulsion of foreigners who is legally residing in the state (Article 13); the equality of all persons in front of the court and the judicial body, the right of a fair and open examination by the judicial body which competent, free and impartial, the right of presumption of innocence for any person accused of a felony, and the right of any person sentenced for a review of the decision or punishment by a higher judicial body. (Article 14); prohibition of retroactively enforcing the laws of the criminal law (Article 15); the right of each person to be recognized as personal in front of the law (Article 16); and should not be confused arbitrarily or unlawfully privacy, family, home or letter to someone (Article 17).
., further Kovenan established every man's right to freedom of thought, conviction and ' religion as well as protection of these rights (Article 18); the right of men to have opinions without the interference of other parties and the right to freedom for the cause. expressed opinion (Article 19); the prohibition of war propaganda as well as acts that advocate hatred for the grounds of nationality, race or religion that is incitement to conduct of discrimination, hostility or violence (Article 20); recognition the right to a peaceful assembly (Article 21); the rights of every person over freedom union (Article 22); recognition of the right of men and women of marriage to marry and form a family, the principle that marriage should not be done without consent free and entirely from the parties to which the marriage is not. Marriage (Article 23); child rights to the protection required by its status as minors, must immediately register every child after birth and must have a name, and child rights to citizenship (Article 24); the right of every citizen to take part in the holding of public affairs, to Selecting and selected, and having access to the same general requirements for public office in their country (Article 25); the equality of all persons in front of the law and the rights of all persons for the same legal protection without discrimination (Article) 26); and measures to protect ethnic, religious, or minority languages that may exist in the party state (Article 27).
.,, Article 27 is the end of the substantive Kovenan section. In order to oversee the implementation of the rights in the Covenant, Article 28 up to Article 45 establishes the formation of a committee called the Human Rights Committee and the provisions of the membership, the manner of which it is the Human Rights Committee and the Human Rights Committee. election, order of meeting,