SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 208, 2000 | (An explanation in the United States Republic of Indonesia Number 4026) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 26 YEAR 2000
ABOUT
HUMAN RIGHTS COURT
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that human rights are a fundamental right that is natively attached to human self, is universal and langgeng, therefore must be protected, respected, maintained, and should not be ignored, reduced, or usurped by anyone;
., b. That in order to participate in the peace of the world and to ensure the exercise of human rights and to provide protection, assurance, justice, and safe feeling to the individual or society, it needs to be set up in a Court of Human Rights. complete a severe human rights violation in accordance with the provisions of Article 104 paragraph (1) of Act No. 39 of 1999 on Human Rights;
., c. that the creation of the Court of Human Rights to resolve the severe human rights violations has been attempted by the Government under the Government Regulation Act No. 1 of 1999 on the Court of Rights. The human being is not adequate, thus not approved by the People's Representative Council of the Republic of Indonesia into the Act, therefore the Government's Rule of Replacement of the Act needs to be revoked;
., d. that based on consideration as referred to in the letter a, b, and c need to be set up by the Law on the Court of Human Rights;
.,, Given: 1. Section 5 of the paragraph (1) and Section 20 of the paragraph (2) of the Basic Law of 1945;
., 2. Law No. 14 Year 1970 on the provisions of the Basic Law of Justice (State of the Republic of Indonesia in 1970 number 74, Additional Gazette number 2951) as amended by Law No. 35 of 1999. About the Change of Law No. 14 of 1970 on the provisions of the Basic Power of Justice (sheet of state of the Republic of Indonesia in 1999 No. 147, Additional Gazette number 3879);
., 3. Law No. 2 Year 1986 on Public Judiciary (Sheet State Of The Republic Of Indonesia In 1986 Number 20, Addition Of State Sheet Number 3327);
., 4. Law Number 39 Years 1999 On Human Rights (Sheet State Of The Republic Of Indonesia In 1999 Number 165, Additional State Sheet Number 3886);
With mutual consent between
THE PEOPLE ' S REPRESENTATIVE COUNCIL
REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish: LEGISLATION ON THE COURT OF HUMAN RIGHTS.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. Human rights is a set of rights attached to the nature and existence of man as a creature of the Almighty God and is his grace to be respected, held high and protected by the state, the law, the government, and every one of the people. For the sake of honor and protection of human dignity and dignity.
., 2. A severe violation of Human Rights is a violation of human rights as referred to in this Act.
., 3. The next Human Rights Court called the Court of Human Rights is a special court against the heavy human rights violations.
., 4. Each person is an individual person, group of people, whether civil, military, or police are individually responsible.
. .5. An investigation is a series of investigative investigations to seek and find there is an event that is alleged to be a grave human rights violation in order to follow up with the investigation according to the rules set out in the United States. The law.
BAB II
POSITION AND PLACE OF POSITION
THE HAM COURT
The Kesatu section
The position
Section 2
The Court of Human Rights is a special court that is in the Public Judicial environment.
The Second Part
The Position Place
Section 3
.,, (1) The court of human rights in the county or area of the city whose legal area includes the legal area of the State Court in question.
.,, (2) For the Special Area of the Capital Jakarta, the Court of Human Rights is based in every region of the State Court concerned.
BAB III
SCOPE OF AUTHORITY
Section 4
The Court of Human Rights is in charge and authorities examine and break the case of heavy human rights violations.
Section 5
The court of human rights also examined and severed the case of heavy human rights violations committed outside the territorial extent of the country's territory of the Republic of Indonesia by Indonesian nationals.
Section 6
A human rights court is not authorized to examine and decide the grave crimes of human rights abuses committed by a person under 18 (eighteen) years at the time of the crime being committed.
Section 7
Heavy human rights violations include:
a. Genocide crime;
B. crimes against humanity.
Section 8
The crime of genocide as referred to in Article 7 of the letter a is any act committed with the intent to destroy or destroy all or part of a group of nations, races, ethnic groups, religious groups, by the way:
a. kill group members;
., b. resulting in severe physical or mental suffering of group members;
., c. creating a condition of the group's life that will result in the physical destruction of either whole or its part;
., d. Impose actions that aim to prevent birth within the group; or
e. moved forcibly children from certain groups to other groups.
Section 9
Crimes against humanity as referred to in Article 7 of the letter b are one of the acts committed as part of a widespread or systematic attack that he knew that the attack was directed directly against. civil population is:
a. murder;
B. extermination;
C. slave;
D. Expulsion or forcibly transfer of the population;
., e. An arbitrarily conjuring of the laws of the state of the law of the law of the law.
f. torture;
., g. rapes, sexual slavery, forced prostitution, forced pregnancies, forced sterilization or sterilization or other forms of sexual assault are equivalent;
., h. The persecution of a particular group or society based on equality of politics, race, nationality, ethnicity, culture, religion, gender or other reason has been universally recognized as being banned by law. international;
i. forced removal of people; or
J. Apartheid crime.
BAB IV
EVENT LAW
The Kesatu section
Common
Section 10
In the event of another undetermined in this Act, the law of the event on the case of grave human rights violations is committed under the legal provisions of the criminal event.
"I swear in earnest that I am to carry out this task, directly or indirectly, by using any name or any way, too, will not give or promise anything to anyone, too".
"I swear that I, to do or do not do something in this task, shall not be accepted directly or indirectly from anyone as well as a promise or a gift".
"I pledge that I will be loyal to and will maintain and preserve the Pancasila as the basis of the country, the Constitution of 1945, as well as applicable laws for the Republic of Indonesia".
" I swear to you that I will continue to perform this task honestly, carefully, and objectively with no difference to people, and will uphold the ethics of the profession in carrying out my obligations with the best and the best of my duties. It is as fair as for a good and honest officer to uphold the law and justice ".
Paragraph 3
The Examination Event
Section 31
A severe case of human rights violations, examined and broken up by the Court of Human Rights in the longest period of 180 (one hundred and eighty) days since the case is devolve to the Court of Human Rights.
Section 32
And in the matter of the offence of the judgment of the judgment of the judgment of the high court, that the matter was examined, and that it was broken up in the days of the thirty days, when the matter was poured into the courts. The country.
(2) The trial of the case in a verse (1) is performed by the assembly of five (five) persons consisting of two (two) judges of the High Court in question and 3 (three) of ad hoc judges.
.,, (3) The number of ad hoc judges in the High Court as referred to in paragraph (2) at least 12 (twelve) persons.
., (4) The provisions as referred to in Article 28 of the paragraph (1) and paragraph (3), Article 29, and Section 30 also apply to the appointment of an ad hoc judge on the High Court.
Section 33
.,, (1) In the case of a severe human rights violation of the case of the Supreme Court, the case was examined and broken down in the longest 90 (ninety) days since the case was devolve to the Supreme Court.
(2), (2) the trial of a judge (of the law), which is five (five), and three (three) judges (three), and three (three) judges (of whom) the judge (of the law).
., (3) The number of ad hoc judges in the Supreme Court as referred to in paragraph (2) of at least 3 (three) persons.
., (4) Justice ad hoc in the Supreme Court appointed by the President as the Head of State on the proposal of the House of Representatives of the Republic of Indonesia.
.,, (5) Judge ad hoc as referred to in paragraph (4) is appointed for one term for five (five) years.
.,, (6) To be able to be appointed an ad hoc judge on the Supreme Court should be eligible:
., a., a. the citizen of the Republic of Indonesia;
B. Put your trust in the Almighty God;
c. age at least 50 (fifty) years;
., d. An educated scholar of law or other scholar who has expertise in the field of law;
e. healthy physical and spiritual;
f. Authoring, honest, fair, and unreprehenable behavior;
G. loyal to Pancasila and the Basic Law of 1945; and
h. have knowledge and concern in the field of human rights.
BAB V
PROTECTION OF VICTIMS AND WITNESSES
Section 34
.,, (1) Every victim and witness in a severe human rights violation is entitled to the physical and mental protection of any threat, disorder, terror, and violence of any party.
.,, (2) The protection as referred to in paragraph (1) is required by law enforcement and security forces for free.
., (3) The provisions of the order of protection against victims and witnesses are further set up with Government Regulation.
BAB VI
COMPENSATION, RESTITUTION, AND REHABILITATION
Section 35
.,, (1) Any victims of severe human rights violations and or heirs can obtain compensation, restitution, rehabilitation.
.,, (2) Compensation, restitution, and rehabilitation as referred to in paragraph (1) are listed in the amar verdict of the Court of Human Rights.
., (3) The provisions of compensation, restitution, and rehabilitation are set further by the Government Regulation.
BAB VII
CRIMINAL PROVISIONS
Section 36
Any person who commits an act is referred to in Article 8 of the letter a, b, c, d and e were convicted of a death or a prison criminal of a lifetime or a prison criminal of the longest 25 (twenty-five) years and at least 10 (ten). year.
Section 37
Any person who does the deed as referred to in Article 9 of the letter a, b, d, e, or j is convicted of a death or a prison criminal of a lifetime or a prison criminal of the longest 25 (twenty-five) years and at least 10 (ten). year.
Section 38
Any person who does the deed as referred to in Article 9 of the letter e, is penalised with the penultimate prison penal 15 (fifteen) years and the shortest of 5 (five) years.
Section 39
Any person who does the deed as referred to in Article 9 of the letter f, is penalised with a prison criminal of the longest 15 (fifteen) years and the shortest of 5 (five) years.
Section 40
Any person who does the deed as referred to in Article 9 of the letter g, h, or i is criminalised with a prison criminal of at least 20 (twenty) years and is at least 10 (ten) years old.
Section 41
Trial, malicious conspiracy, or dissening to conduct a breach as referred to in Article 8 or Article 9 is convicted of a criminal equal to the provisions as referred to in Article 36, Section 37, Article 38, Section 39, and Section 8. 40.
Section 42
.,, (1) Military Commander or someone who effectively acts as a military commander can be accounted for against a criminal offense that is within the jurisdiction of the Court of Human Rights, committed by the forces that are under command and its effective control, or under its effective control and control, is a result of unworthy control of the army, namely:
.,
., a., a. The military commander or someone knew or the basis of circumstances at the time should have known that the force was conducting or had just committed a severe human rights violation; and
., b. A military commander or someone has not committed a proper action and is required in his sphere of power to prevent or stop the deed or hand over the culprit to the official to do so. The investigation, the investigation, and the prosecution.
.,, (2) A superior, bot, 3. aged at least 45 (forty-five) years and at the highest of 65 (sixty-five) years;
., 4. educated law or other scholar who has expertise in the field of law;
5. healthy physical and spiritual;
6. authoring, honest, fair, and unreprehenable behavior;
7. faithful to Pancasila and the Basic Law of 1945; and
8. have knowledge and concern in the field of human rights.
Section 30
Ad hoc judges appointed as referred to in Article 28 of the paragraph (1) before c 11
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, referred to as "1 (one) day" is within 24 (twenty-four) hours of the time since the suspect was arrested.
Verse (6)
.,, pretty clear
Article 12
.,, pretty clear.
Article 13
.,, pretty clear.
Section 14
.,, pretty clear.
Article 15
.,, pretty clear.
Section 16
.,, pretty clear.
Section 17
.,, pretty clear.
Article 18
.,, Verse (1)
.,, the inquiry's authority was only carried out by the National Commission on Human Rights intended to preserve the obyetivity of the outcome of the investigation because the National Commission on Human Rights was an independent institution.
Verse (2)
., referred to as "elements of society" are professional, dedicated, high-integrating, and rewarding people in the field of human rights.
Section 19
.,, the implementation of the "investigation" in this provision is intended as a series of actions of the National Commission of Human Rights in the scope of the projustisia.
Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, referred to by "accepting" is accepting, enrolling, and recording reports or complaints about the occurrence of severe human rights violations, and may be supplemented with evidence.
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
The letter g
., referred to as "the investigator ' s order" is a written order issued investigators and investigators immediately issued a warrant after receiving a request from investigators.
.,, Figure 1)
.,, pretty clear
Figure 2)
.,, "Searches" in these provisions include search of the body and or the house.
Figure 3)
.,, pretty clear
Figure 4)
.,, pretty clear
Verse (2)
.,, pretty clear
Section 20
.,, Verse (1)
.,
-In this provision, the "sufficient evidence of the beginning" is evidence of the beginning to suspect a criminal offense that someone who is because of his actions or circumstances, is based on evidence of the prelude to his alleged perpetrator. Heavy human rights violations.
.,-In the investigation remain respected the presumption of innocence so that the results of the investigation are closed (not disseminated) along the concerns of the names of allegedly violating the heavy human rights in accordance with the provisions of the Article 92 Law No. 39 of 1999 on Human Rights.
-What he meant by "follow up" was an investigation.
Verse (2)
.,, pretty clear
Verse (3)
., in this provision referred to as "incomplete" is not enough to meet the heavy human rights violations element to proceed to the investigation stage.
Section 21
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
In this provision, the "community element" is composed of a political organization, a community organization, a society's non-governmental organization, or another institution like college.
The word "may" in this provision is intended to allow the Attorney General to appoint ad hoc investigators to be carried out according to the need.
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Article 22
.,, pretty clear.
Section 23
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, ad hoc general prosecuting of the elements of society takes precede from the former public prosecutor in the Public Judicial or in Military Justice.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Section 24
.,, pretty clear.
Section 25
.,, pretty clear.
Article 26
"For the sake of the covenant of the Lord, for the sake of God, for the sake of God, before the word of God, before the word of the Lord," for the sake of God, the word of God is to help me. After the oath.
Section 27
.,, Verse (1)
., look at the explanation of Article 4
Verse (2)
., the provisions of this verse are intended to make the judges ' assembly an odd number of times.
Verse (3)
.,, pretty clear
Article 28
.,, Verse (1)
.,, "ad hoc right" is a judge appointed from a career judge who meets professional, dedicated and highly integrated requirements, rewarding the ideals of the state of law and welfare state that is inexuberating justice, understanding and Respect for human rights and basic human obligations.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 29
.,, Figure 1
.,, pretty clear
Number 2
.,, pretty clear
Figure 3
.,, pretty clear
Figure 4
., referred to as "the expertise in the field of law" is among other sharia scholars or college graduates of the Police Science College.
Number 5
.,, pretty clear
Figure 6
.,, pretty clear
Figure 7
.,, pretty clear
Figure 8
.,, pretty clear
Article 30
.,, See the explanation of Article 26Article 31
Pretty clear.
Section 32
.,, pretty clear.
Section 33
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
., look at the explanation of Article 29 of the 4.
Letter e
.,, pretty clear
Letter f
.,, pretty clear
The letter g
.,, pretty clear
Letter h
.,, pretty clear
Article 34
.,, pretty clear.
Section 35
.,
.,-which is referred to as "compensation" is to replace the loss given by the state, since the perpetrator is unable to provide a full-cost change to its responsibility.
.,-Which is referred to as "restitution" is to replace the loss given to the victim or his family by the perpetrator or a third party. Restitution can be:
., a., a. the return of the property;
B. repayment of damages for loss or suffering; or
c. replacement charges for certain actions.
.,-which is referred to as "rehabilitation" is the restoration of its original position, for example, honor, name, tit
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