Law Number 26 Of 2000

Original Language Title: Undang-Undang Nomor 26 Tahun 2000

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ee0e65cc0a2c6313231373139.html

ACT 26-2000 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 208, 2000 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4026) legislation of the REPUBLIC of INDONESIA number 26 of 2000 on HUMAN RIGHTS COURT with 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, therefore it must be protected , respected, maintained, and should not be ignored, downplayed, or taken away by anyone;
.,, b. that to maintain world peace and guarantee the implementation of human rights protection, as well as giving certainty, justice, and a feeling of safety to individuals or communities, need to be established a human rights Court to resolve human rights abuses that weight in accordance with the provisions of article 104 para (1) Act No. 39 of 1999 on human rights;
.,, c. that the establishment of a Human Rights Tribunal to resolve human rights abuses who have attempted by the Government based on the Government Regulation Substitute Act No. 1 of 1999 on Human Rights Courts which judged inadequate, so that is not approved by the House of representatives of the Republic of Indonesia becomes law, Government Regulations therefore Substitute the law needs to be repealed;
.,, d. that based on considerations as referred to in letters a, b, and c need to established law on Human Rights Courts;
.,, Considering: 1. Article 5 paragraph (1) and article 20 paragraph (2) of the Constitution of 1945;
., ,2. Act No. 14 of 1970 on the provisions of principal Power of Justice (State Gazette of the Republic of Indonesia Number 74 in 1970, an additional State Gazette Number 2951) as amended by Act No. 35 of 1999 regarding the change in the law number 14 of 1970 on the provisions of principal Power of Justice (State Gazette of the Republic of Indonesia Number 147 in 1999, an additional Sheet country number 3879);
., ,3. Act No. 2 of 1986 on Public Justice (State Gazette of the Republic of Indonesia Number 20 in 1986, an additional Sheet country number 3327);
., ,4. Act No. 39 of 1999 on human rights (State Gazette of the Republic of Indonesia year 1999 Number 165, an additional Sheet country number 3886);
By mutual agreement between the REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on HUMAN RIGHTS COURTS.

CHAPTER I GENERAL PROVISIONS article 1 In this law is the:.,, 1. Human rights are a set of rights that is inherent in the nature of human beings and the existence of God and his grace is required high esteem respected, and protected by the State, the law, Government, and any person for the sake of honor and dignity and the protection of human dignity.
., ,2. Violations of human rights which is the human rights violations referred to in this Act.
., ,3. The Court of human rights hereinafter referred to the Court is a Special Court of HUMAN RIGHTS against violations of human rights.
., ,4. Each person is an individual person, group of people, whether civilian, military, or police responsible individually.
., ,5. The investigation is a series of actions of investigators to search for and find there's not an incident that is alleged to constitute violations of human rights that are heavy in order to follow up with the investigation in accordance with the provisions set forth in this Act.
CHAPTER II the SEAT and the SEAT of the COURT of HUMAN RIGHTS is considered Part of the position of the Court of HUMAN RIGHTS is article 2 of the special courts were Judicial Public surroundings.

The second part of article 3 Seat.,, (1) the Court of HUMAN RIGHTS in areas of the County positions or areas of the city that the ruling covers an area of the law Courts of the country concerned.
.,, (2) to the Jakarta HUMAN RIGHTS Court, based in every region of Court of the country in question.
CHAPTER III SCOPE of the AUTHORITY of the Court in charge of HUMAN RIGHTS article 4 and authorized check and disconnected things of human rights violations.

Article 5 the Court of HUMAN RIGHTS authorities also check and disconnected things of the human rights violations that are heavily committed beyond the territory of the country of the Republic of Indonesia by the citizens of Indonesia.

Article 6 the Court of HUMAN RIGHTS is not authorized to examine and decide the matter human rights abuses carried out by the weight of a person aged under 18 (eighteen) years of age at the time the crime was committed.

Chapter 7 human rights abuses that weight include: a. the crime of genocide;

b. crimes against humanity.

Article 8 of the crime of genocide as referred to in article 7 letter a is any acts committed with intent to destroy or destroy all or part of a group of Nations, races, ethnic groups, religious groups, by means of: a. killing members of the group;, b.., resulting in physical or mental suffering that weighs against the members of the Group;
.,, c. creates the conditions of life of groups which would result in the destruction of the physical good whole or in part;
.,, d. imposing measures aimed at preventing births within the Group; or e. forcibly move the children from specific groups to other groups.

Article 9 crimes against humanity as referred to in article 7 letter b is one of the acts committed as part of a widespread or systematic attack he knew that such attacks are aimed directly against the civilian population in the form of: a. murder;

b. extermination;

c. enslavement;

d. expulsion or removal of residents forcibly;., e., deprivation of freedom or deprivation of physical liberty in violation of arbitrary other (principles) of the staple provisions of international law; f. torture;., g., rape, sexual slavery, forced prostitution, coercion, pregnancy pemandulan or forced sterilization or other forms of sexual violence to other equivalent;
., h., persecution of a particular group or association is based on the equation of political savvy, race, nationality, ethnic, cultural, religious, gender or other reasons that have been universally recognized as banned according to international law; i. removing people by force; or j. crime of apartheid.

CHAPTER IV is considered part of the Common LAW article 10 in terms of other not specified in this law, the law of the event over the things of the human rights violations which the weight is carried out based on the provisions of the law of criminal procedure.

The second part, article 11 Arrest, (1) the Attorney General as authorized investigators making arrests for the interests of the investigation against someone suspected of doing the human rights violations that are heavily based on evidence of the beginning.
.,, (2) implementation of arrest referred to in subsection (1) done by the investigators by showing a letter of assignment and give the suspect an arrest warrant that lists the identity of suspects by mentioning the reason for the arrest, examination was conducted as well as place a brief description of the matter human rights violations which weight dipersangkakan.
., Cc, (3) a warrant referred to in subsection (2) must be given to his family shortly after the arrests were made.
.,, (4) in case of being caught hands arrests were made without a warrant provided that the arrest must immediately hand over caught with evidence available to investigators.
.,, (5) the arrests as in the intention in paragraph (2) was performed for the longest one (1) day. (6) the time taken from the criminal's arrest were dropped.

The third part of article 12, Detention, (1) the Attorney-General as the public prosecutor and the investigating authorities are conducting further detention for the purposes of investigation and prosecution.
.,, (2) a judge of the Court of HUMAN RIGHTS with its authorities do the detention for the purposes of examination in the Court of session.
.,, (3) advanced detention Orders made against the suspect or defendant who allegedly harsh human rights violations do the weight based on sufficient evidence, in case there are circumstances which give rise to concerns that the suspect or the accused will flee, destroying, or removing evidence, and/or repeated violations of human rights.
Article 13.,, (1) a detention for the purposes of the investigation can be carried out most of the old 90 (ninety) days.
.,, (2) the period of time referred to in subsection (1) may be extended to within 90 (ninety) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
.,, (3) in terms of the time period referred to in subsection (2) expires and the investigation has yet to be resolved, then penmhanan can be extended the longest 60 (sixty) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
Clause 14.,, (1) a detention for the purposes of prosecution can be done most longer than 30 (thirty) days.
.,, (2) the period of time referred to in subsection (1) may be extended to within 20 (twenty) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
.,, (3) in terms of the time period referred to in subsection (2) expires and the prosecution has yet to be resolved, then the detention can be extended the longest 20 (twenty) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
Article 15

.,, (1) a detention for the purposes of examination in the court hearing of HAM can be done the longest 90 (ninety) days.
.,, (2) the period of time referred to in subsection (1) may be extended for a period of not longer than 30 (thirty) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
Article 16.,, (1) a detention for the purposes of the examination of the appeal in the High Court can be done the longest 60 (sixty) days.
.,, (2) the period of time referred to in subsection (1) may be extended for a period of not longer than 30 (thirty) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
Article 17.,, (1) for the purposes of Detention in the Supreme Court of Cassation the examination can be carried out most of the old sixty (60) days.
.,, (2) the period of time referred to in subsection (1) may be extended for a period of not longer than 30 (thirty) days by the Chairman of the Supreme Court.
Part four Investigations Article 18.,, (1) investigation of violations of human rights committed by the weight of the National Commission on human rights.
.,, (2) the National Commission of human rights in the conduct of the investigation referred to in subsection (1) may establish an ad hoc team of the National Commission of human rights and the elements of the community.
Section 19.,, (1) in carrying out the investigation as stipulated in article 18 authorized investigators:.,,.,, a. investigations and examination of events that arise in a society that is based on the nature or in scope ought to be presumed there were violations of human rights.
.,, b. receives a report or a complaint from a person or group of people about the occurrence of human rights violations, as well as seeking information and evidence.
.,, c. calling party complainant, victim, defendant or party to be asked and heard his statement. d. calling the witness to be asked and heard his testimony.
., e., review and collect information with respect to the events and other places deemed appropriate.
.,, f. calling relevant parties to provide information in writing or submitting the necessary documents in accordance with the original. g. at the command of investigator can perform actions such as:.,, 1) examination of the letter;

2) searches and seizures;., 105.4) local checks against the House, the grounds, buildings, and other places which are occupied or owned by the parties; 4) bring in experts in connection with the investigation.
.,, (2) in the event that investigators began an investigation into an incident that is alleged to constitute violations of human rights that the weight of the investigator inform the investigators.
Article 20.,, (1) in the event that the national human rights Commission argues that there is evidence of the commencement of the event has happened enough human rights violations, then the conclusion is the result of the investigation was delivered to investigators.
.,, (2) at least 7 (seven) work after the conclusion of the results of the investigation were presented, the National Commission for human rights handed over the entire investigation results to investigators.
.,, (3) in case the investigators argue that the results of the investigation referred to in subsection (2) is still less complete, investigators immediately returns the results of the investigation to the investigator with instructions to come and within 30 (thirty) days from the date of receipt of the results of the investigation, the investigator is obligated to complement the shortage.
The fifth section of the probe clause 21.,, (1) Investigation of things human rights abuses conducted by the weight of the Attorney General.
.,, (2) the investigation referred to in subsection (1) does not include authority received a report or complaint.
.,, (3) in the execution of the tasks referred to in paragraph (1) the Attorney General may appoint ad hoc investigators comprising elements of Government and society.
.,, (4) before carrying out its work, the ad hoc investigators say the oath or promise according to his religion. (5) to be appointed ad hoc investigators must qualify:.,, a. citizen of the Republic of Indonesia,;., b. was at least 40 (forty) years and most high 65 (sixty-five) years;
.,, c. educated law degree or another Bachelor's degree who have expertise in the field of law; d. healthy physical and spiritual;

e. authoritative, honest, fair, and not a dishonorable Act;

f. loyal to Pancasila and the 1945 Constitution; and g. has knowledge and awareness in the field of human rights.
Section 22.,, (1) the investigation referred to in Article 9 paragraph (1) and (3) mandatory completed at least 90 (ninety) days counted from the date the results of the investigation accepted and declared complete by the investigators.
.,, (2) the period of time referred to in subsection (1) may be extended to within 90 (ninety) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
.,, (3) in terms of the time period referred to in subsection (2) expires and the investigation has yet to be resolved, the investigation can be extended the longest 60 (sixty) days by the Chairman of the Court of HUMAN RIGHTS in accordance with the law.
.,, (4) if the period referred to in subsection (1), subsection (2), and subsection (3) of the results of the investigation are not obtained sufficient evidence, then compulsory termination of the investigation warrant issued by the Attorney General.
.,, (5) after the termination of the investigation warrant issued, the investigation can only be reopened and continued when there are reasons and other evidence that complement the results of the investigation to do the prosecution.
.,, (6) in the event of termination of the investigation referred to in subsection (4) may not be accepted by the victim or his family, the family of the victim, then blood or semenda in a straight line to the top or to the bottom up to the third degree, has filed a pretrial Court of HUMAN RIGHTS to the Chairman in accordance with the law and in accordance with the provisions of the applicable legislation.
The sixth part of the Prosecution Section 23.,, (1) a lawsuit the human rights abuses committed by the weight of the Attorney General.
.,, (2) in the implementation of the tasks referred to in paragraph (1) the Attorney General may appoint ad hoc public prosecutor, comprising elements of Government and society.
.,, (3) before doing their job ad hoc public prosecutor oath or promise according to their respective religions. (4) to be appointed ad hoc public prosecutor must qualify:.,, a. citizen of the Republic of Indonesia,;., b. was at least 40 (forty) years and most high 65 (sixty-five) years; c. legal scholar educated and experienced as a public prosecutor;

d. healthy physical and spiritual;

e. authoritative, honest, fair, not a dishonorable Act;

f. loyal to Pancasila and the 1945 Constitution; and g. has knowledge and awareness in the field of human rights.
Article 24 the Prosecutor as referred to in article 11 paragraph (1) and paragraph (2) compulsory implemented at least 70 (seventy) days counted from the date the results of the investigation accepted.

Article 25 the national human rights Commission at any time may request the information in writing to the Attorney General regarding the development of the investigation and prosecution of human rights violations lawsuit.

The seventh section of the Article Oath 26 Sworn investigators and ad hoc public prosecutor as referred to in article 9 paragraph (4) and article 23 (3), subsection lafalnya reads as follows: "I swear/solemnly promise that I am to carry out this task, directly or indirectly, with the use of the name or any way, also does not give or promise anything to anyone".

"I swear/I promise that, to do or not do something in this task, there surely will be received directly or indirectly from anyone of a promise or of granting".

"I swear/I promise that will be loyal to and will maintain and apply Pancasila as the ground state, the 1945 Constitution and laws and regulations that apply to the Republic of Indonesia".

"I swear/I promise that will always run this task with an honest, thorough, and objective and not discriminate, and will uphold the ethics of the professions in the exercise of my obligation is with his best and seadil-fair as well as for an officer who has good and honest in enforcing the law and justice".

The eighth section of the examination in the court hearing of the paragraph 1 article 27 Public.,, (1) the human rights violations which weight checked and terminated by the Court of HUMAN RIGHTS as referred to in article 4.
.,, (2) proceeding violations of human rights that are heavily referred to in subsection (1) is conducted by the judge of the Court of HUMAN RIGHTS that add up to 5 (five) persons, consists of 2 (two) judge on the Court of HUMAN RIGHTS in question and the 3 (three) judges ad hoc.
.,, (3) the Tribunal judge referred to in subsection (2), chaired by a judge of the Court of HUMAN RIGHTS is concerned.
Article 28.,, (1) the ad hoc Judges are appointed and dismissed by the President as the head of State upon the suggestion of Chief Justice.
.,, (2) the number of ad hoc judges referred to in subsection (1) at least 12 (twelve) persons.
.,, (3) ad hoc Judge appointed for 5 (five) years and may be reappointed for one (1) term.
Paragraph 2 of the terms of appointment of judges Ad Hoc Article 29 To be appointed ad hoc Judge should be qualified: 1. citizens of the Republic of Indonesia;

2. devoted to God Almighty;., 3. was at least 45 (forty five) years and most high 65 (sixty-five) years;
., ,4. educated law degree or another Bachelor's degree who have expertise in the field of law; 5. healthy physical and spiritual;


6. the authoritative, honest, fair, and not a dishonorable Act;

7. allegiance to Pancasila and the 1945 Constitution; and 8. have knowledge and concern in the field of human rights.

Article 30 ad hoc Judge appointed as stipulated in article 28 paragraph (1) before carrying out the task of compulsory religious oath in accordance with the respective lafalnya reads as follows: "I swear/solemnly promise that I am to carry out this task, directly or indirectly, with the use of the name or any way also, will not give or promise anything to anyone".

"I swear/I promise that, to do or not do something in this task, there surely will be received directly or indirectly from anyone of a promise or of granting".

"I swear/I promise that will be loyal to and will maintain and apply Pancasila as the Foundation of the State, the Constitution of 1945, as well as the laws and regulations that apply to the Republic of Indonesia".

"I swear/I promise that will always run this task with an honest, thorough, and objective and not discriminate, and will uphold the ethics of the professions in the exercise of my obligation is with his best and seadil-fair as well as for an officer who has good and honest in enforcing the law and justice".

Paragraph 3 of article 31 of case Proceedings violation of human rights, examined and decided by the Court of HUMAN RIGHTS within 180 (one hundred eighty) days counted since the matters assigned to the Court of human rights.

Article 32.,, (1) in the case of human rights violation lawsuit that appealed heavily appeal to the High Court, then the matter reviewed and terminated within 90 (ninety) days counted since matters delegated to the District Court.
.,, (2) a proceeding referred to in subsection (1) is carried out by Tribunal judges amounted to 5 (five) persons, comprising two high court judges and three (3) judges ad hoc.
.,, (3) the number of ad hoc judges in the Court of appeal referred to in subsection (2) at least 12 (twelve) persons.
.,, (4) the provisions as referred to in article 28 paragraph (1) and paragraph (3), article 28 and article 30 also apply to the appointment of ad hoc judges on the High Court.
Article 33,, (1) in the case of human rights violation lawsuit heavy appealed to the Supreme Court of Cassation, the case reviewed and terminated within 90 (ninety) days counted since matters delegated to the Supreme Court.
.,, (2) a proceeding referred to in subsection (1) done by the Tribunal judges that add up to 5 (five) persons consist of 2 (two) Chief Justice and three judges ad hoc.
.,, (3) the number of ad hoc judges in the Supreme Court referred to in subsection (2) at least three (3) people.
.,, (4) a judge ad hoc in the Supreme Court are appointed by the President as the head of State upon proposal of the House of representatives of the Republic of Indonesia.
.,, (5) ad hoc Judges referred to in subsection (4) are appointed for a term for 5 (five) years.
.,, (6) to be appointed ad hoc judge on the Supreme Court must be qualified:.,, a. citizen of the Republic of Indonesia;

b. the pious to God Almighty;

c. was at least 50 (fifty) years;.,, d. educated law degree or another Bachelor's degree who have expertise in the field of law; e. healthy physical and spiritual;

f. authoritative, honest, fair, and not a dishonorable Act;

g. loyal to Pancasila and the 1945 Constitution; and h. having knowledge and concern in the field of human rights.
Chapter V PROTECTION of the VICTIMS and WITNESSES Section 34.,, (1) every victim and witness in human rights abuses that weight has the right to physical and mental protection from threats, harassment, terror, and violence from any party.
.,, (2) the protection referred to in subsection (1) obligatory carried out by law enforcement agencies and security apparatus free of charge.
.,, (3) the provisions concerning the procedures for the protection of victims and witnesses is further regulated by government regulations.
CHAPTER VI compensation, RESTITUTION, and Rehabilitation Section 35.,, (1) any victims of human rights violations and or heirs can get the compensation, restitution, rehabilitation.
.,, (2) compensation, restitution, and rehabilitation referred to in subsection (1) are listed in the amar Court ruling HAM.
.,, (3) the provisions on compensation, restitution, and rehabilitation are governed more by government regulations.
CHAPTER VII PROVISIONS of CRIMINAL Article 36 Every person who does any act referred to in article 8 a, b, c, d and e are convicted criminal with death or imprisonment for life or imprisonment of not longer than 25 (twenty five) years and the shortest 10 (ten) years.

Article 37 Any person who does any act referred to in article 9 a, b, d, e, j or are convicted criminal with death or imprisonment for life or imprisonment of not longer than 25 (twenty five) years and the shortest 10 (ten) years.

Article 38 Every person who does any act referred to in article 9 of the letter e, are convicted with imprisonment of not longer than 15 (fifteen) years and the shortest 5 (five) years.

Article 39 Any person who does any act referred to in article 9 of the letter f, are convicted with imprisonment of not longer than 15 (fifteen) years and the shortest 5 (five) years.

Article 40 Every person who does any act referred to in article 9 of the letters g, h, or i are convicted with imprisonment of not longer than 20 (twenty) years and the shortest 10 (ten) years.

Article 41 of the experiment, the evil conspiracy, or pembantuan for the offence referred to in article 8 or article 9 are convicted with a criminal with the same conditions as referred to in article 36, article 37, article 38, article 39, and article 40.

Article 42.,, (1) military commander or someone who is effectively acting as a military commander can be accounted against the criminal acts which are within the jurisdiction of the Court of human rights, committed by troops under his command and effective, or under the authority of and his effective and such criminal acts are the result of troop control is not done in proper, i.e. :.,,.,, a. military commander or someone that knows that the current state of basic or should know that such forces are doing or just do the human rights violations that are heavy; and, b. the military commander or someone did not do a proper and necessary action within the scope of his authority to prevent or stop such a feat or hand over the culprit to the competent authority to do an investigation, investigation, and prosecution.
.,, (2) A supervisor, either police or other civil, responsible in criminal offences against human rights violations committed by the weight of his subordinates under his power and his an effective, because the boss doesn't do control of his subordinates are worthy and right, i.e.:.,,.,, a. the supervisor knew or consciously ignored information that clearly indicates that the subordinates were committing or has just been doing human rights abuses; and, b. the supervisor did not take the actions that are feasible and required in the scope of those powers to prevent or stop such a feat or hand over the culprit to the competent authority to do an investigation, investigation, and prosecution.
.,, (3) any act referred to in subsection (1) and paragraph (2) is liable to a criminal of the same as stipulated in article 36 Article 37, article 38, and article 40.
CHAPTER VIII AD HOC HUMAN RIGHTS COURT Article 43.,, (1) the human rights violations that occurred before the weight of the promulgation of this law, examined and decided by the ad hoc HUMAN RIGHTS Court.
.,, (2) the ad hoc HUMAN RIGHTS Tribunal referred to in subsection (1) is formed upon the proposal of the Republic of Indonesia people's representative Council based on certain events with the President's Decision.
.,, (3) ad hoc HUMAN RIGHTS Tribunal referred to in subsection (1) is Judicial Public surroundings.
Article 44 Checks in the ad hoc HUMAN RIGHTS Tribunal and its legal efforts undertaken in accordance with the provisions of this Act.

CHAPTER IX TRANSITIONAL PROVISIONS Article 45.,, (1) for the first time at the time this law comes into force the Court of HUMAN RIGHTS as referred to in article 4 was formed in Central Jakarta, Surabaya, Medan, and Makasar.
.,, (2) the area of the law of the Court of HUMAN RIGHTS referred to in subsection (1) are at the District Court at:.,,.,, a. Central Jakarta which covers an area of Jakarta, West Java, Banten, Lampung, South Sumatra, Bengkulu, West Kalimantan and Central Kalimantan;
.,, b. Surabaya of East Java province that became the Central Java, Yogyakarta, Bali, East Kalimantan, South Kalimantan, West Nusa Tenggara and East Nusa Tenggara;
.,, c. Makasar of South Sulawesi Province which covers, Southeast Sulawesi, Central Sulawesi, North Sulawesi, Maluku, North Maluku, and Irian Jaya;
.,, d. Field which includes the province of North Sumatra, Aceh, Jambi, Riau and West Sumatra.
CHAPTER X the CLOSING PROVISIONS Article 46 For violations of human rights that weight as stipulated in this law shall not apply to provisions on expiration.

Article 47

.,, (1) the human rights violations that occurred before the enactment of the weight of this Act does not cover possible settlement done by the truth and Reconciliation Commission.
.,, (2) truth and Reconciliation Commission as referred to in paragraph (1) established by the Act.
Article 48 the inquiry, investigation, and prosecution of violations of human rights that the weight of the already or are being implemented based on the Government Regulation Substitute Act No. 1 of 1999 on Human Rights Courts continue to apply all not contrary to this Act.

Article 49 the provisions regarding the authority of the boss who has the right to Punish and officer Penyerah Things as stipulated in article 74 and article 123 Act No. 31 of 1997 on the military Judiciary stated does not apply in the examination of the human rights violations that weight according to this law.

Article 50 With the enactment of this Act, then the Replacement Government Regulations Act No. 1 of 1999 on Human Rights Courts (State Gazette of the Republic of Indonesia year 1999 Number 191, State Gazette Supplementary Number 3911) hereby revoked and declared no longer valid.

Article 51 this Act 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 23 November 2000 the PRESIDENT of INDONESIA ABDURRAHMAN WAHID Enacted in Jakarta on 23 November 2000 STATE SECRETARY DJOHAN EFFENDI of INDONESIA, STATE GAZETTE EXTRA RI No. 4026 (explanation of the 2000 State Gazette Number 208) EXPLANATION for the law of the Republic of INDONESIA number 26 of 2000 on HUMAN RIGHTS COURT i..,, that the human rights set forth in the Constitution of 1945 , The Universal Declaration of human rights, the provision of MPR-RI Number XVII/MPR/1998 on human rights and Law Number 39 of 1999 on human rights should be implemented with a full sense of responsibility in accordance with the philosophy of Pancasila and the 1945 Constitution and international principles.
., The MPR-RI, Number XVII/MPR/1998 on human rights assigned to the high State institutions and the whole apparatus of Government to respect, uphold, and disseminate understanding of human rights to the entire community as well as to immediately ratify the various United Nations instruments on human rights all along not opposed to the Pancasila and the 1945 Constitution.
.,, The grant of protection of human rights can be done through the establishment of a national human rights Commission and Court of HUMAN RIGHTS as well as the truth and Reconciliation Commission.
.,, To carry out the mandate of the statutes, the MPR-RI Number XVII/MPR/1998 on human rights has been established, the Act No. 39 of 1999 on human rights, the establishment of such laws is the responsibility of the nation of Indonesia as a member of the United Nations. In addition to this, the formation of laws on human rights also contains a mission carrying out legal and moral responsibilities in upholding and implementing the Universal Declaration of human rights that are assigned to the United Nations, and contained in various other legal instruments governing human rights which have been ratified and accepted by the Republic of Indonesia.
.,, Legal developments of decline Dotted, both in terms of the national interest and the interest of the international, then to resolve the issue of human rights violations and restore peace and security in Indonesia need to established Human Rights Court which is a Special Court for human rights violations.
.,, To effect the realization of human rights Courts, need to established laws on human rights.
.,, Foundation of law on Human Rights Courts was as stated in the provisions of article 104 para (1) Act No. 39 of 1999 on human rights.
., The law on Human Rights Courts is expected to protect human rights, both individual as well as society, and became the basis in enforcement, legal certainty, justice, and a feeling of safety for individuals as well as society, against violations of human rights.
.,, The formation of the law on the Court of human rights is based on the following considerations:.,, 1. The human rights violations which the weight is "extra ordinary crimes" and had a significant impact both on the widespread national and international level and is not a criminal action which is set in the legislation of criminal law as well as cause any harm either materially or immateriil which resulted in feelings of insecurity to the individual as well as society , so it needs to be soon restored in realizing the rule of law to achieve the peace, order, harmony, justice, and prosperity for the entire community of Indonesia.
., ,2. Lawsuit against the human rights violations that the weight of the necessary measures of inquiry, investigation, prosecution, and examination that is special.
.,, Specificity in the handling of human rights violations which the weight is:.,, a. required investigators to form an ad hoc team of investigators, ad hoc, ad hoc public prosecutor, and judge ad hoc;
.,, b. needed affirmation that the only investigation done by the National Commission of human rights whereas the investigating authorities received no reports or complaints as set forth in the book of the law of criminal procedure;
.,, c. necessary provisions on certain time lag to do the investigation, prosecution, and examination in court; d. required provisions concerning the protection of victims and witnesses;., e., necessary provisions that affirm nothing has expired for violations of human rights.
.,, Regarding the human rights violations that are as heavy as genocide and crimes against humanity on the basis of international law can be used tetroaktif, enacted the basic article concerning the obligation to submit to the limitations defined by law as stated in article 28 J paragraph (2) of the Constitution of 1945 which reads: "in the exercise of the rights and freedom of every person subject to the mandatory limitations as are determined by law solely for securing due recognition and respect over the meaning of the rights and freedoms of others and of meeting the demands of the fair use in accordance with the moral considerations, religious values, security and public order in a democratic society ".
., Another fundamental expression, with retrospective effect can be put in place in order to protect human rights is itself based on Article 28 J paragraph (2) of the Constitution of 1945. Therefore this Act regulates also about ad hoc HUMAN RIGHTS Court to check and disconnect things of the human rights violations that occurred before the weight of the promulgation of this law.
., Ad hoc HUMAN RIGHTS Court, formed upon the suggestion of representatives based on certain events with presidential decree and is in the Judicial environment.
.,, In addition to the existence of the ad hoc HUMAN RIGHTS Court, this law also mentions the existence of the truth and Reconciliation Commission as stipulated in the statutes, the MPR-RI Numbers V/MPR/2000 concerning the establishment of unity and national unity. The truth and Reconciliation Commission will be established with the legislation intended as institutions extra-yudical assigned by statute to serve to uphold righteousness by revealing abuses of power and human rights violations in the past, in accordance with the provisions of the law and legislation in force and implement reconciliation in perspective of common interests as a nation.

II. For the SAKE of ARTICLE ARTICLE article 1, article 2, clear enough, clear enough, article 3, article 4, is quite clear.,, is a "check and disconnect" in this provision is a matter that concerns the finish including compensation, restitution, and rehabilitation in accordance with the legislation in force.

Article 5, the provisions of this Article, intended to protect Indonesia citizens who commit violations of human rights that the weight is done outside the territorial limit, in the sense of still being punished in accordance with the Statute of the Court of human rights.

Article 6, a person aged under 18 (eighteen) years of age who commit human rights abuses, reviewed and decided by the District Court.

Article 7, genoside and Crime, "crime against humanity" in this provision in accordance with the "Rome Statute of the International Criminal Court" (article 6 and article 7).

Article 8, letter a.,, is a "member of the group" is one or more group members. The letter b, Letter c, clear enough, clear enough, the letter d, letter e, clear enough, clear enough, article 9, the definition of "attack aimed directly against the civilian population" is a series of acts committed against the civilian population as a continuation of the policy that is associated with the organization.

The letter a.,, is a "murder" is as stated in article 340 of the book the laws of criminal law. The letter b

.,, The definition of "extermination" includes acts that inflict suffering done intentionally, inter alia in the form of the Act to inhibit the distribution of foodstuffs and medicines that can cause destruction on a portion of the population. The letters c, a, the definition of "slavery" in this provision including human trafficking, particularly the trafficking of women and children. D., letter, is "the expulsion or transfer of population by force" was moving people by force by means of expulsion or other coercive acts from the area in which they are residing lawfully, unwitting reason permitted by international law. The letter e, letter f, is quite clear, the definition of "torture" in this provision is against the law and intentionally inflicting severe pain or suffering, whether physical or mental, of a prisoner or a person under supervision. The letter g, letter h, clear enough, clear enough, the letter i.,, is a "forced disappearance of persons" i.e., arrest, detention, abduction or a person by or by the authority, the support or consent of a State or organizational policy, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention to divest of legal protection in a long period of time. J.,, is a "crime of apartheid" is not a human being with the same properties with properties that are mentioned in article 8, which is done in the context of the institutional form of a regime of oppression and domination by one racial group over a group or other race groups carried out with a view to maintaining that regime.

Article 10, article 11, pretty clear., paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5),, is a "1 (one) day" is within 24 (twenty four) hours counted since the suspects were arrested. Subsection (6), article 12, clear enough, clear enough, Article 13, Article 14, clear enough, clear enough, Article 15, article 16, clear enough, clear enough, article 17, Article 18, pretty clear., paragraph (1), the authority, the investigation is only done by the National Commission on human rights intended to keep the investigation results brought because the national human rights Commission was agencies that are independent. Subsection (2), the definition of "society" is a character and a member of the society of professional, dedicated, integrate, and live in the field of human rights.

Article 19,, the implementation of the "investigation" in this provision was intended as a series of actions of the National Commission on human rights in the sphere of projustisia.

Subsection (1), letter a, letter b, pretty clear.,, is a "receive" is receiving, registering, and took note of a report or complaint about has been the occurrence of violations of human rights, and can be equipped with evidence. The letter c, letter d, clear enough, clear enough, the letter e, letter f, clear enough, clear enough, the letter g.,, is a "command of the investigator" is the written orders issued by investigators and investigators immediately issued the warrant after receiving requests from investigators.
.,, Figure 1), is, quite obviously, number 2), "Shakedown" in this provision includes the Search Agency and or House. Number 3), quite obviously, number 4), quite obviously, subsection (2), clearly Enough, article 20, paragraph (1),.,,.,,-In this provision is the "proof of the beginning of a fairly" is evidence beginning to suspect a criminal act that a person who because of his actions or circumstances, based on the evidence of the beginning of the alleged perpetrators ought to be human rights violations.
.,,-in the investigation remain respected the principle of presumption of innocence until the results of the investigation are closed (not shared) all concerned the names of allegedly violating human rights that weight in accordance with the provisions of article 92 Law Number 39 of 1999 on human rights. -the definition of "follow up" is doing the investigation. Subsection (2), quite obviously, subsection (3), these terms, in the definition of "less complete" is not quite meet the elements of the human rights violations that are heavy to proceed to the investigation stage.

Article 21, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), these terms, in the definition of "society" is made up of a political organization, civic organizations, NGOs, or other such viable institutions of higher education.

The word "may" in this provision was intended to the Attorney General in lifting the ad hoc investigators carried out according to the needs. Subsection (4), quite obviously, subsection (5), section 22, is quite clear, quite obviously, of article 23, paragraph (1), quite obviously, subsection (2), ad hoc public prosecutor, from the elements of the society take precedence is taken from the former Prosecutor at the Public Justice or in Military Justice. Paragraph (3), quite obviously, subsection (4), section 24, is clear enough, clear enough, Article 25, Article 26, is quite clear, at the time of the taking of the oath/promise pronounced certain words in accordance with their respective religions, for example for adherents of Islam "for the sake of God" before the words of the oath and to Christianity/Catholic words "may the Lord would help me" after the Holy vows.

Article 27, paragraph (1).,, see the explanation of article 4 paragraph (2), the provisions of this clause, intended to the Tribunal judges always odd. Paragraph (3), Article 28, pretty clear., paragraph (1), "ad hoc" judge is appointed from outside the judge's career that meets the requirements of professional, dedicated and integrate high, living up to the ideals of State law and the welfare state the core of Justice, understanding and respect for human rights and basic human obligation. Subsection (2), quite obviously, subsection (3), Article 29 clearly Enough,.,,., Figure 1, Figure 2. Quite clearly, clearly Enough, number 3, number 4, quite clearly, the definition of "expertise in law" was among other Islamic scholars or scholars of police Science College graduates. 5. Numbers, quite obviously, the number 6, number 7, clear enough, clear enough, number 8,, is quite clear, article 30, Article 31 26Pasal see pretty clear Article 32., pretty clear, Article 33, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), quite obviously, subsection (6), the letter a, letter b, clear enough, clear enough, the letter c. Clear Enough, the letter d, explanation, see Article 29 number 4 letter e, letter f, clear enough, clear enough, the letter g, letter h, clear enough, clear enough, Article 34, Article 35 is pretty obvious,.,,.,,-the definition of "compensation" is the damages awarded by the State, because the perpetrator was not able to fully compensate the loss which became its responsibility.
.,,-the definition of "restitution" is the damages awarded to the victim or his family by the offender or a third party. Restitution can be:.,, a. reversion of property;

b. the payment of damages for loss or suffering; or c. the replacement cost for a specific action.

.,,-The definition of "rehabilitation" is a recovery on the original position, such as honour, good name, title, or other rights.

Article 36, Article 37 is clear enough, clear enough, Article 38, Article 39, clear enough, clear enough, article 40, Article 41, it is quite clear, the definition of "evil pemufakatan" is two (2) or more persons agree will do the violation of human rights.

Article 42, Article 43, quite clearly, subsection (1), quite obviously, subsection (2), in the House of representatives of the Republic of Indonesia proposed the establishment of an ad hoc HUMAN RIGHTS Court, the House of representatives of the Republic of Indonesia has alleged basing on the occurrence of violations of human rights that the weight is limited to certain tempos and locus delicti that occurred prior to the promulgation of this law. Paragraph (3), Article 44, clear enough, clear enough, Article 45, Article 46, clear enough, clear enough, Article 47, the provision in this article is intended to provide an alternative settlement of human rights violations, carried out outside the Court of human rights.

Article 48, Article is quite clear, 49.,, in this provision was intended only for human rights abuses and its jurisdiction to anyone either civilian or military.

Article 50, a, of article 51 is clear enough, clear enough,