Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f0e98a5909cfd313231383335.html
ACT 39-1999 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 165, 1999 (explanation in an additional Sheet of the Republic of Indonesia Number 3886) legislation of the REPUBLIC of INDONESIA NUMBER 39 of 1999 on HUMAN RIGHTS with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that man, as a creature of God whose term Esa task manages and maintains the universe with full devotion and full responsibility for the welfare of mankind , by his creator endowed rights to guarantee the existence of the dignity and the dignity of the glory of himself as well as the harmony of his surroundings;
., b., 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;
.,, c. that in addition to human rights, human beings also have basic obligation among people one against the other and towards society as a whole in the life of society, nation, and State;
.,, d. that nation Indonesia as a member of the United Nations carrying out the legal and moral responsibility to uphold and implement the Universal Declaration of human rights established by the United Nations, as well as various other international instruments concerning human rights which have been accepted by the Republic of Indonesia;
.,, e. that based on considerations as referred to in letters a, b, c, and d in order to implement the Ordinances of the people's Consultative Assembly of the Republic of Indonesia Number XVI/MPR/1998 on human rights, the need to establish a law on human rights;
.,, Considering: 1. Article 5 paragraph (1), article 20 paragraph (1), article 26, article 27, article 28 article 30, article 31, article 32, article 33 paragraph (1) and paragraph (3), and article 34 of the Constitution of 1945;
., ,2. The Ordinance of the people's Consultative Assembly Number XVII/MPR/1998 on human rights;
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA DECIDES: setting: the law on human rights.
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 existence as beings and God Almighty and his grace is required high esteem respected, and protected by the State, the law, Government, and any person for honor as well as the protection of the dignity and the dignity of the human being;
., ,2. Basic human obligation is a set of obligations if not implemented, it is not possible to be implemented and the human rights tegaknya.
., ,3. Discrimination is any limitation, harassment, or exclusion directly or indirectly based on the distinction of human beings on the basis of religion, tribe, race, ethnic, group, class, social status, economic status, sex, language, political beliefs, resulting the reduction, diversion or removal of the recognition, implementation or use of the human rights and basic freedom in the life of the individual as well as collective good in the fields of politics, economics, law, social , culture, and other aspects of life.
., ,4. Torture is any act done intentionally, so that the cause of the pain or suffering is great, good jasmasi and spiritually, on a person to obtain a confession or information from a person or from a third person, with the punished him over an act that has been done or alleged to have been committed by a person or a third person, or for any reason based on any form of discrimination, when such pain or suffering inflicted by , for incitement of, with approval, or anybody else's knowledge and or public officials.
., ,5. A child is any human being aged under 18 (eighteen) years of age and unmarried, including children who are still in the womb when it is in his interests.
., ,6. Violations of human rights is every person or group of persons including the State apparatus either intentional or not intentional or gross negligence, limit, or revoke and the human rights of a person or group of people that is guaranteed by law, and didn't get, or it is feared it will not obtain a legal settlement of just and fair mechanism, based on the applicable law.
., ,7. National Commission on Human Rights hereinafter the Komnas HAM is an independent institution-level position with other State institutions that function of carrying out studies, research, outreach, monitoring, mediation and human rights.
CHAPTER II FUNDAMENTAL principles article 2 of the Republic of Indonesia acknowledging and upholding the human rights and basic human freedom as a right that is attached to is not supernatural, and is inseparable from the human being, who must be protected, respected, and enforced for the sake of increasing the welfare of humanity, dignity, happiness, and intelligence as well as justice.
Section 3.,, (1) every person is born free with dignity and human dignity, and equal and endowed with intellect and pure heart to live a life of community, nation, and State in the spirit of fraternity.
.,, (2) everyone has the right to recognition, guarantees, protection and fair legal treatment as well as legal certainty and equal treatment before the law.
.,, (3) every person is entitled to the protection of human rights and fundamental human freedoms, without any discrimination.
Article 4 the right to life, the right not to be tortured, the right to personal freedom, thought and conscience, the right to religion, the right not to be enslaved, the right to be recognized as a person and equality before the law, and the right not to be prosecuted based on retroactive law is a human right which can not be reduced under any circumstances and by anyone.
Article 5, (1) any person recognized as a human person who has the right to demand and obtain the same protection and treatment in accordance with human dignity before the law.
.,, (2) every person is entitled to assistance and protection from the Court a fair, objective and no favors.
.,, (3) any person who the vulnerable community groups include reserves the right to obtain treatment and more with regard to their protection.
Section 6.,, (1) in the framework of enforcement of human rights, differences and needs in society customary law must be observed and protected by the law, society, and Government.
.,, (2) the cultural identity of the Community customs law, including customary land rights protected, in tune with the times.
Chapter 7.,, (1) everyone has the right to use all remedies in national and international forums on all violations of human rights that are guaranteed by the law of Indonesia and international law regarding human rights have accepted the Republic of Indonesia.
.,, (2) the provisions of international law accepted the Republic of Indonesia concerning human rights is primarily the responsibility of the Government.
Article 8 protection, promotion, enforcement, and the fulfilment of human rights is primarily the responsibility of the Government.
CHAPTER III HUMAN RIGHTS and FUNDAMENTAL HUMAN FREEDOMS is considered part of the right to life, article 9 (1) everyone has the right to life, sustaining life and improve their lives.
.,, (2) everyone has the right to a safe, secure, peaceful, happy, prosperous and inner. (3) every person has the right to the environment is good and healthy.
The second part of family Rights and continue the Descent Section 10.,, (1) everyone has the right to form a family and continue the lineage through marriage.
.,, (2) a valid Marriage can only take place upon the free will of prospective husband and prospective wife is concerned, in accordance with the provisions of the legislation.
The third part the right Self-improvement article 11 everyone has the fulfillment of needs basically to grow and develop properly.
Article 12 everyone has the right to protection for their personal development, to acquire education, feeding her, and improve the quality of their life in order to become a man of faith, a devoted, responsible, noble character, happy, and prosperous in accordance with human rights.
Article 13 everyone has the right to develop and benefit from science and technology, art and culture in accordance with human dignity for the sake of his personal welfare, nation, and humanity.
Clause 14.,, (1) everyone has the right to communicate and obtain information necessary to develop their personal and social environment.
.,, (2) everyone has the right to seek, acquire, possess, store, process, and deliver information using all sorts of means are available.
Article 15 everyone has the right to fight for the rights of the development itself, either personally or collectively, to build community, nation, and her country.
Article 16 any person entitled to perform social work and policies, establish organizations for it, including organizing the education and teaching, as well as gather funds for that purpose with the provisions of the legislation.
The fourth part Justice article 17 right of everyone, without discrimination, has the right to obtain justice by filing a petition, complaint, and a lawsuit, whether in criminal, civil, or administrative as well as judged through judicial process that is free and impartial, in accordance with the laws of the event which guarantees objective examination by a judge who is fair and just to obtain a just and fair verdict.
.,, (1) any person who is detained, arrested, and prosecuted for alleged criminal acts does something reserves the right to be presumed innocent until proved guilty in a legal trial and given all the legal guarantees necessary for his defence, in accordance with the provisions of the legislation.
.,, (2) any person may not be prosecuted or convicted criminal sentenced to, unless based on a legislation that existed before the crime is doing.
.,, (3) there is Any change in the perturan legislation, then apply the most advantageous terms for the suspect.
.,, (4) every person who checked is entitled to legal assistance from the moment the investigation until the existence of a court decision which has acquired the force of law.
.,, (5) every person cannot be prosecuted for a second time in the same thing over an act that has gained a court ruling that a law anyway.
Section 19.,, (1) there is no any crime or an offence is liable to a penalty of deprivation of the entire wealth of the guilty.
.,, (2) no-one over the Court ruling allowed prison are convicted or confinement based on account of the inability to satisfy an obligation of the debts.
The fifth part of the right to personal freedom of article 20 (1) no one can be enslaved or diperhamba.
.,, (2) Slavery or servitude, the slave trade, the trafficking of women, and the deeds of any form of similar purpose, is prohibited.
Article 21 everyone has the right to personal integrity, both physical as well as spiritual, and therefore should not be the object of research without the approval of it.
Section 22.,, (1) every person is free to embrace his religion and to worship according to his religion and beliefs were.
.,, (2) the State guarantees the freedom of everyone embraced his religion and beliefs were.
Article 23 (1) every person is free to choose from and have beliefs pilitiknya.
.,, (2) every person is free to have, release and disseminate the opinion according his conscience, orally and through writing or print electronic meupun with attention to religious values, morality, public order, public interest, and the integrity of the nation.
Pasal 24.,, (1) everyone has the right to assemble, meet, and Association for peaceful purposes.
.,, (2) every citizen or community group reserves the right to establish political parties, nongovernmental organizations or other organizations to participate in the operations of Government and the conduct of the State in line with the demands of protection, enforcement, and the promotion of human rights in accordance with the provisions of the legislation.
Article 25 every person has the right to deliver an opinion in public, including the right to strike in accordance with the provisions of the legislation.
Article 26.,, (1) everyone has the right to possess, acquire, change, or retain a status of nationality was.
.,, (2) every person is free to choose her nationality was without discrimination and entitled to enjoy the rights that are sourced and attached to nationality was mandatory and carry out their obligations as citizens in accordance with the provisions of the legislation.
Article 27.,, (1) every citizen of Indonesia has the right to freely move, switch, and resides in the territory of the Republic of Indonesia.
.,, (2) every citizen of Indonesia has the right to leave and re-enter the territory of the Republic of Indonesia, in accordance with the provisions of the legislation.
The sixth sense of security rights over Article 28.,, (1) everyone has the right to seek asylum to gain political asylum from other countries.
.,, (2) the right referred to in subsection (1) does not apply to those who committed a crime after politics or acts contrary to the purposes and principles of the United Nations.
Article 29.,, (1) everyone has the right to protection of personal self, family, honor, dignity, and rights of possession.
.,, (2) everyone has the right to recognition as a person before the law personally wherever it is located.
Article 30 everyone has the feeling of security and assurance as well as protection against the threat of fear to do or not do something.
Article 31 (1) the scene anyone should not be disturbed.
.,, (2) step on or entering a yard or entering a dwelling house at odds with the will of the people who inhabit them, are only allowed in the things that have been set by law.
Article 32 the independence and secrets in the relation of correspondence including electronic means of communication through the relationship should not be disturbed, except by order of the judge or other lawful authority in accordance with the provisions of the legislation.
Article 33,, (1) everyone has the right to be free from torture, punishment or treatment that is cruel, inhumane, degrading human dignity and degree.
.,, (2) everyone has the right to be free from forced disappearances and disappearances lives.
Article 34 everyone should not be arrested, detained, forced, excluded, ostracized, or thrown out arbitrarily.
Article 35 every person has the right to live in public order and peaceful State, safely, and at peace, respect, protect and implement fully the human rights and basic human obligation as set forth in Undnag this Act.
The seventh part of the welfare rights Article 36.,, (1) everyone has the right to have property, either alone or together with others for the sake of the development of himself, family, nation, and society in a way that does not violate the law.
.,, (2) no one may be deprived of his property with arbitrary and is against the law. (3) the property has a social function.
Article 37.,, (1) the lifting of property rights over an object for the sake of public interest, are only allowed with a reasonable and indemnify immediately as well as its implementation in accordance with the provisions of the legislation.
.,, (2) When an object based on the provisions of the law for the sake of the public interest must be destroyed or not empowered either forever or for a while then it is done by replacing the losses in accordance with the provisions of the legislation unless specified otherwise.
Article 38, (1) every citizen, in accordance with the talent, skills, and abilities, are entitled to a decent job.
.,, (2) everyone has the right to freely choose its preferred jobs and is entitled also to the terms employment fair.
.,, (3) everyone, both men and women who do the same job, comparable, equal or similar, is entitled to wages as well as the terms of the agreement the same work.
.,, (4) everyone, both men and women, in doing work that is commensurate with human dignity has the right to a fair wage in accordance with his achievements and can guarantee the continuity of the life of his family.
Article 39 any person shall have the right to establish unions and should not be inhibited to become members in order to protect and fight for his interests and in accordance with the condition of legislation.
Article 40 every person has the right to live and a decent ones.
Article 41.,, (1) every citizen has the right to social security is needed for decent living as well as for his personal development as a whole.
.,, (2) any person who is disabled, elderly, pregnant women, and children, are entitled to obtain the convenience and preferential treatment.
Article 42 Each elderly citizens, the physically disabled and the mentally disabled or eligible treatment, education, training, and special assistance for the costs to the State, to guarantee a decent life in accordance with human dignity, miningkatkan self-confidence, and the ability to participate in the life of society, nation, and State.
The eighth part of the rights to Participate in the administration of Chapter 43.,, (1) every citizen has the right to choose and vote in the general election on the basis of equality by voting that direct, secret, public, free, honest, fair and in accordance with the provisions of the legislation.
.,, (2) every citizen has the right to participate in Government by directly or by freely chosen representatives, in the manner specified in the regulations. (3) every citizen can be removed in any position.
Article 44 Every person shall own or jointly entitled to ask opinions, requests, complaints, and or effort to the Government in the framework of the implementation of a Government that is clean, efficient, and effective, either by oral meupun with the words in accordance with the provisions of the legislation.
The ninth section of the women's Rights Section 45 of the rights of women in this legislation is a basic human right.
Article 46 the Electoral System, the party, the election of the members of the legislature, and the system of adoption in the field of the Executive, the judiciary must guarantee women representation according the requirements specified.
Article 47 a woman married to a man with a foreign nationality does not automatically follow the citizenship status of her husband but has the right to maintain, replace, or regain the status of nationality was.
Article 48 Women have the right to obtain education and teaching in all types, level of education and in accordance with the requirements that have been determined.
Article 49.,, (1) Woman shall have the right to vote, elected, appointed, in the work of the Office, and the profession in accordance with the terms and regulations.
.,, (2) a woman is entitled to special protection in the exercise of his profession or work against a things that may threaten the health and safety or with regard to the female reproductive function.
.,, (3) special rights attached to women's reproductive function due to self, guaranteed and protected by law.
Article 50 women who have grown up and married or entitled to do their own laws, unless specified otherwise by the laws of his religion.
Article 51.,, (1) by his wife during the marriage bond has the right and the same responsibility with her husband over all matters concerning the life of his marriage, his relationship with his children and the rights of ownership and management of property together.
.,, (2) after the breakdown of a marriage, a woman has a right and responsibility similar to that of her ex-husband over all matters with regard to her children, having regard to the best interest for the child.
.,, (3) After the breakdown of a marriage, a woman has the same right with her ex-husband over all matters concerning joint property without prejudice to the rights of the child, in accordance with the provisions of the legislation.
The tenth part of the rights of the child Article 52.,, (1) every child has the right to protection by parents, families, communities, and countries.
.,, (2) children's rights are human rights and to the significance of children's rights were recognized and protected by law even in the womb.
Article 53.,, (1) every child since in content, right to life, sustaining life, and improve their lives.
.,, (2) each child since his birth, entitled to a name and nationality status.
Article 54 every child physical and or mental disability are entitled to obtain treatment, education, training, and special assistance for the costs to the State, to guarantee his life in accordance with the dignity of humanity, increasing self-confidence, and the ability to participate in the life of the community, nation, and State.
Article 55 every child has the right to worship according to his religion, thought, expression in accordance with the level of intellect and age under the guidance of parents or guardians.
Article 56.,, (1) every child has the right to know who his parents were, bred, and raised by his parents own.
.,, (2) in case the parents are not able to raise and nurture her child properly in accordance with this law, then the child should be raised or lifted as a child by another person in accordance with the provisions of the legislation.
Article 57.,, (1) every child has the right to be raised, nurtured, cared for, educated, redirected, and guided his life by a parent or guardian to adulthood in accordance with the provisions of the legislation.
.,, (2) every child has the right to get the adoptive parents or guardians upon the verdict of the Court when both parents have died or because a legitimate reason could not perform its obligations as a parent.
.,, (3) the adoptive parents or the guardian referred to in subsection (2) must perform the duty as parents.
Article 58.,, (1) every child has the right to get legal protection from all forms of physical or mental violence, neglect, mistreatment, and sexual harassment during the custody of parents or guardian, or any other party as well as those responsible for childcare.
.,, (2) in the case of parents, guardians, caregivers or children do all forms of physical or mental mistreatment, neglect, forms of treatment, including sexual abuse and rape, and killing of children or that should be protected, they must be subject to a penalty of pemberatan.
Article 59.,, (1) every child has the right not to be separated from his parents in opposition to the will of the child itself, unless there is a reason and the rule of law legal separation shows that it's the best interests for the child.
.,, (2) in the circumstances referred to in subsection (1), the right of the child to keep a personal touch and meet regularly with parents still guaranteed by law.
Article 60.,, (1) every child has the right to obtain education and teaching in the framework of the private development in accordance with the interest, talent, and talent level.
.,, (2) every child has the right to seek, receive, and provide information in accordance with the level of intellect and age for the sake of the development of himself all correspond to the values of decency and propriety.
Article 61 every child has the right to rest, the children get along with peers, play, leisure, and creating in accordance with the interest, talent, and the talent level for the sake of the development itself.
Article 62 each child has the right to obtain health care and social security are worth, according to the physical and mental needs of his spirit.
Article 63 each child has the right not to be involved in the events of the battle, the armed disputes, social unrest, and other events that contain elements of violence.
Article 64 every child has the right to obtain protection from economic exploitation activities and any work that endangers himself, so can interfere with education, physical health, social life, moral, spiritual and mental.
Article 65 each child has the right to obtain protection from exploitation and sexual abuse, kidnapping, child trafficking, as well as from various forms of abuse of narcotic drugs, psychotropic drugs, and other addictive substances.
Article 66.,, (1) every child has the right to not be made targets of persecution, torture, or inhuman punishment the overthrow.
.,, (2) the death penalty or a life sentence can not be dropped for the perpetrators of the crime are still children. (3) every child has the right not to be deprived of his freedom are against the law.
.,, (4) arrest, detention or imprisonment, the child should only be done in accordance with applicable law and can only be exercised as a last effort.
.,, (5) every child deprived of his freedom has the right to obtain treatment humanely and with regard for the needs of personal development in accordance with his age and must be separated from adults, unless it is for the sake of their interests.
.,, (6) every child deprived of his freedom has the right to obtain legal assistance or other assistance effectively in every stage of the efforts of the applicable law.
.,, (7) every child deprived of his freedom has the right to defend themselves and obtain justice in front of a Court which is objectively and impartially in the trial that was closed to the public.
CHAPTER IV Article 67 BASIC HUMAN DUTY of everyone who is there is a region of the Republic of Indonesia is obligated to strict regulations, an unwritten law, and international law regarding human rights that has been accepted by the Republic of Indonesia.
Article 68 every citizen is obliged to participate in the efforts of the defence of the country in accordance with the provisions of the legislation.
Article 69.,, (1) every person is obliged to respect the human rights of others, morality, ethics, and discipline of community life, bebangsa, and State.
.,, (2) any person's human rights liability basis and the responsibility to respect the rights of others as well as a reciprocal duty of the Government to respect, protect, enforce, and advance it.
Article 70 in the exercise of rights and freedom, everyone is obliged to submit to restrictions established by law with meksud to ensure recognition and respect upon the rights and freedoms of others and for meeting the demands of a fair in accordance with the moral considerations, security and public order in a democratic society.
Chapter V OBLIGATIONS and RESPONSIBILITY of the GOVERNMENT to article 71 and responsible Government must respect, protect, enforce, and advancing the human rights provided for in this Act, regulation perundnag-another invitation, and the international law of human rights received by the Republic of Indonesia.
Article 72 the obligation and responsibility of the Government as stipulated in article 71, covers the implementation of effective measures in the field of legal, political, economic, social, cultural, defence, State security and other fields.
CHAPTER VI PROHIBITIONS and RESTRICTIONS Article 73 the rights and freedoms set forth in this law may only be restricted by and under the laws, solely for securing due recognition and respect for human rights and fundamental freedoms of others, public order, morality, and the interests of the nation.
Article 74 is not one ketentuanpun in this Act may be taken to mean that the Government, party, group or any party justified reducing, damaging, or abolish the human rights or fundamental freedoms provided for in this Act.
CHAPTER VII the NATIONAL HUMAN RIGHTS COMMISSION Article 75 Komnas HAM aims:.,, a. developing the conditions konduksif for the implementation of human rights in accordance with the Pancasila, the 1945 Constitution, and the Charter of the United Nations, as well as the Universal Declaration of human rights; and, b.., improve the protection and enforcement of human rights to the development of the human person and the whole Indonesia its ability to participate in various areas of life.
Article 76.,, (1) to achieve the goal, the Komnas HAM to carry out the functions of assessment, research, outreach, monitoring, mediation and human rights challenge.
.,, (2) the Komnas HAM consists of community leaders who are professional, dedicated and high integrity, living up to the ideals of State law and the welfare state the core of Justice, respect for human rights and basic human obligation. (3) the National Commission of HUMAN RIGHTS based in the capital of the Republic of Indonesia.
(4) representative of Komnas HAM can be established in the area.
Article 77 Komnas HAM based on Pancasila.
Article 78 (1) the Komnas HAM has a completeness that consists of:.,, a. plenary session; and b. the sub commissions. (2) the Komnas HAM had a Secretariat General as palayanan.
Article 79 (1) the plenary session is the highest authority of Komnas HAM holder.
(2) plenary meeting is composed of all members of Komnas HAM.
.,, (3) plenary session sets out the rules of conduct, work programs, and Working mechanism of the Komnas HAM.
Article 80 (1) of the implementation activities of Komnas HAM is done by Subkomisi.
.,, (2) the provisions concerning Subkomisi set in the Regulation of conduct Komnas HAM.
Article 81.,, (1) the General Secretariat provides administrative services for the implementation of the activities of the National Commission of human rights.
.,, (2) General Secretariat led by Secretary General assisted by a work unit in the shape of the Bureau-Bureau.
.,, (3) the Secretary General ruled by a civil servant who is not a member of the Komnas HAM.
.,, (4) the Secretary-General proposed by the plenary session and set out by decision of the President.
.,, (5) Position, duties, responsibilities, and organization of the Secretariat General of the set with a presidential decree.
Article 82 the provisions concerning plenary session and the Sub Commission set out further in the regulation of conduct Komnas HAM.
Article 83.,, (1) a member of the Komnas HAM amounted to 35 (thirty five) persons appointed by the Board of representatives of the Republic of Indonesia based on the proposals of Komnas HAM and was inaugurated by the President as the head of State. (2) the Komnas HAM is led by a Chairman and two (2) Vice Chairman.
(3) the Chairman and Deputy Chairman of the Komnas HAM is elected by and from the members.
.,, (4) the term of membership of the Komnas HAM during the last 5 (five) years and after the ending can be reinstated only for one (1) term.
Article 84 which may be appointed members of Komnas HAM is an Indonesia Citizen:.,, a. has experience in an attempt to indicate and to protect the person or the group that its human rights dialanggar;
.,, b. experience as judges, prosecutors, police, lawyers, or establishing other legal professions;
.,, c. experience in legeslatif, executives, and high State institutions; or., d., is the religious figures, community leaders, members of non-governmental organizations, and among community colleges.
Article 85.,, (1) the dismissal of a member of the Komnas HAM is done based on the decision of the plenary session and it was told the House of representatives of the Republic of Indonesia as well as set by presidential decree. (2) a member of the Komnas HAM stopped intertemporal as Member since:.,, a. dies;
b. upon own request;., c. physical or spiritual pain that resulted in members cannot perform tasks during 1 (one) year on an ongoing basis; d. are convicted because of guilty of the crime of crimes; or., e., doing despicable and or other things that were disconnected by the plenary session because of the defiling the dignity and reputation, and or reduce the independence and credibility of the Komnas HAM.
Article 86 the provisions regarding the procedures for the selection, appointment, and termination of membership and the leadership of Komnas HAM established Rules of conduct with Komnas HAM.
Article 87 (1) each Member of the Komnas HAM is obliged:.,,.,, a. comply with the provisions of the prevailing laws and peratuan the decision of the National Commission of HUMAN RIGHTS;
.,, b. participate actively and earnestly to the achievement of the goal of Komnas HAM; and, c.., maintaining the confidentiality of information which because of its nature is confidential Komnas HAM is obtained by virtue of his position as a member. (2) each Member of the Komnas HAM reserves:., a., conveying the proposals and opinions to the plenary session and Subkomisi;.,, b. vote in the decision-making plenary session and Subkomisi;
.,, c. propose and chose the candidate of the Chairman and Vice Chairman of the Komnas HAM in plenary meeting; and, d.., asking the Komnas HAM member of prospective candidates in the plenary session for periodic and intertemporal substitution.
Article 88 the provisions on the obligations and rights of the members of Komnas HAM and the procedures for its implementation are defined with Rules of conduct Komnas HAM.
Article 89.,, (1) to carry out the functions of the National Commission of HUMAN RIGHTS in the assessment and studies as referred to in article 76, Komnas HAM on duty and authorized to do:.,,.,, a. assessment and research of various international human rights instruments with the purpose of giving advice on the possibility of accession or ratification and;
.,, b. assessment and research of various statutory peratuan to provide recommendations on the establishment, change, and repeal Regulation perundnag-invitation relating to human rights; c. publication of results of studies and research;., d., study of librarianship, fieldwork and study in another country about human rights;
.,, e. discussion of the various issues related to the protection, enforcement, and the promotion of human rights; and, f.., assessment and research cooperation with organizations, agencies or other parties, both national, regional, international meupun in the field of human rights.
.,, (2) to carry out the functions of the Komnas HAM in the guidance referred to in Article 76, Komnas HAM on duty and authorized to do:.,,.,, a. dissemination of insights about human rights to the people of Indonesia;
.,, b. efforts increase public awareness about human rights through the institution of formal and non-formal as well as various other circles; and, c.., in collaboration with organizations, agencies or other parties, both at the level of national, regional and international level in the field of human rights.
.,, (3) to carry out the functions of the Komnas HAM in the monitoring referred to in Article 76, Komnas HAM on duty and authorized to do:.,,.,, a. observation of the implementation of human rights and the preparation of the reports of these observations;
.,, b. investigation 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;
.,, c. callings to the complainants or victims or parties committed to asked for and heard his statement;
., d., calling witnesses to testimony heard, and are asked to witness the complainant asked submit the evidence required;
.,, e. overview on the scene and the scene and other places that are deemed necessary;
.,, f. calls against the relevant parties to provide information in writing or submitting the necessary documents in accordance with the original with the approval of the Chairman of the Court;
.,, g. local examination against a House, the grounds, buildings, and other places which are occupied or owned by the parties with the consent of the Chairman of the Court; and, h.., the giving of an opinion based on the consent of the Chairman of the Court against a particular matter which is in the process of Justice in the case, when there are violations of human rights in the matter of the public and of the proceedings by the Court then the Komnas HAM compulsory opinions were told by the judge to the parties.
.,, (4) to carry out the functions of the Komnas HAM in mediation as referred to in article 76, Komnas HAM on duty and authorized to do:.,, a. the peace both parties;.,, b. settlement of the matter through consultations, negotiation, mediation, conciliation, and assessment experts;
.,, c. allotment advice to the parties to resolve the dispute through the courts;
.,, d. submission of recommendations of a case of human rights violations to the Government to follow up the issue; and, e. the delivery of recommendations on a case of human rights violations to the Representatives of the Republic of Indonesia to follow up.
Article 90.,, (1) any person or group of people who have a compelling reason that asasinya rights have been violated may submit the report and oral or written complaints at the Komnas HAM.
.,, (2) a complaint will only get services when accompanied by the identity of the complainant and a description of the initial evidence or obvious about material that is scraped.
.,, (3) in case of complaint by the other party, then the complaint should be accompanied by the consent of parties whose rights are violated as a victim of asasinya, except for certain human rights violations based on consideration of Komnas HAM.
.,, (4) complaints of human rights violations referred to in subsection (3) includes also the complaint through representatives regarding violations of human rights experienced by community groups.
Article 91.,, (1) examination of the top complaint to Komnas HAM is not done is stopped if:.,, a. does not have sufficient preliminary evidence;
b. the complaint material not a matter of human rights violations;., c. complaints filed in bad faith or it turns out that there is no seriousness of the complainant;
.,, d. There is a more effective remedy for the settlement of the complaint material; or., e., ongoing settlement through legal efforts available in accordance with the provisions of the legislation.
.,, (2) Mechanism implementing the authority not to perform or to discontinue the examination referred to in subsection (1) are defined by the rules of conduct Komnas HAM.
Article 92.,, (1) in certain matters and when it is deemed necessary, in order to protect the interests and rights of concerned or the realization of a settlement to the problem, the Komnas HAM can be set to keep secret the identity of the complainant, and any other information or evidence the giver as well as the parties to the complaint or matter related to monitoring.
.,, (2) the National Commission of HUMAN RIGHTS can be set for the Sphinx or limit the dissemination of an information or other evidence obtained by Komnas HAM, with regard to the matter of complaints or monitoring.
.,, (3) the determination referred to in subsection (2) is based on the consideration that the dissemination of information or other evidence may be:.,, a. jeopardize the safety and security of the State;
b. jeopardize safety and public order;
c. harm individual safety;.,, d. defame State secrets or things that must be kept secret in the decision-making process of Government;
.,, f. divulge things that must be kept secret in the process of investigation, prosecution, and trial of a criminal. g. impedes the realization of resolution to problems that exist; or h. divulge things that belong in trade secrets.
Article 93 the examination of violations of human rights carried out confidentially, unless specified otherwise by Komnas HAM.
Article 94.,, (1) the parties complainants, victims, witnesses, and other relevant parties as stipulated in article 89 paragraph (3) of the letters c and d, Komnas HAM demands mandatory.
.,, (2) if the obligations referred to in subsection (1) is not met by the other parties concerned, they apply the provisions of article 95.
Article 95 when one called not came before or refused testify, Komnas HAM may request the assistance of the Chairman of the Court for the fulfillment of the call by force in accordance with the provisions of the legislation.
Article 96.,, (1) Settlement as stipulated in article 89 paragraph (4) of the letters a and b, done by members of Komnas HAM appointed as mediator.
.,, (2) the Resolution is achieved as mentioned in subsection (1), in the form of an agreement in writing and signed by the parties and confirmed by the mediator.
.,, (3) the written Agreement referred to in subsection (2) is the decision of the mediation legally binding and applicable as valid evidence.
.,, (4) If a decision of the mediation is not executed by either party within the period specified in the decision, then the other party may be requested to the local District Court in order that the decision be declared enforceable by wrapping with the sentence "for the sake of Fairness Upon the divinity of the one true God".
.,, (5) the Court may not refuse a request referred to in subsection (4).
Article 97 Komnas HAM is obligated to submit annual reports on the implementation of the functions, duties, and authority, as well as human rights, conditions and matters be handled to the Representatives of the Republic of Indonesia and the President with a copy to the Supreme Court.
Article 98 Budgetary Komnas HAM charged to the budget of the State Expenditures and Revenues.
Article 99 the provisions and procedures for the implementation of the functions, duties, and authority of Komnas HAM activity and further regulated in the rules of conduct Komnas HAM.
CHAPTER VIII PUBLIC PARTICIPATION Article 100 Per person, groups, political organizations, community organizations, NGOs, or other Community institutions, are entitled to participate in the protection, enforcement, and the promotion of human rights.
Article 101 Per person, groups, political organizations, community organizations, NGOs, or other Community institutions, are entitled to submit a report upon the occurrence of human rights violations to Komnas HAM or other lambaga authorities in the enforcement of the protection order, and the promotion of human rights.
Article 102 Per person, groups, political organizations, community organizations, NGOs, or other Community institutions, are entitled to file a proposal regarding the formulation and policies related to human rights to Komnas HAM and or any other institution.
Article 103 Per person, groups, political organizations, community organizations, NGOs, universities, institutions, study or other societal institutions, either individually or cooperate with Komnas HAM can do research, education and dissemination of information on human rights.
CHAPTER IX the COURT of HUMAN RIGHTS Article 104.,, (1) to prosecute violations of human rights that the weight of the Human Rights Tribunal was formed in the environment Court.
.,, (2) the Court referred to in subsection (1) was established by statute in the longest period of 4 (four) years.
.,, (3) before the Human Rights Tribunal was formed as mentioned in subsection (2), the cases of human rights violations referred to in paragraph (1) be tried by the court authorities.
CHAPTER IX TRANSITIONAL PROVISIONS Article 105.,, (1) all the provisions on the human rights provided for in other legislation stated remains valid along not regulated by this Act. (2) at the time of the enactment of this Act:.,,., Komnas HAM, a., formed on the basis of Presidential Decree Number 50 in 1993 of the National Commission of human rights declared a Komnas HAM according to this Act;
.,, b. Chairman, Vice Chairman, and members of Komnas HAM is still running the functions, duties, and authority, based on this legislation until the establishment of the National Commission of HUMAN RIGHTS of the new membership; and, c.., all issues that are currently handled by Komnas HAM stated fixed solution based on this law.
.,, (3) in writing within 2 (two) years since the enactment of this law the order of the Organization, membership, duties and authorities as well as the code of conduct the National Commission of HUMAN RIGHTS should be adapted to this Act.
CHAPTER XI CLOSING PROVISIONS Article 106 of 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 September 1999 the PRESIDENT of the Republic of INDONESIA, BACHARUDDIN JUSUF HABIBIE Enacted in Jakrta on 23 September 1999, the MINISTER of STATE SECRETARY MULADI of INDONESIA, STATE GAZETTE EXTRA RI No. 3886 (explanation of the 1999 State Gazette Number 165) EXPLANATION for the law of the Republic of INDONESIA NUMBER 39 of 1999 on HUMAN RIGHTS i. General., that a man is endowed by God and conscience minds who gave him the ability to distinguish between the good and the bad that will guide and direct the attitude and behavior in living the life. With minds and nuraninya it, then the people have the freedom to decide their own behaviour or what he had done. In addition, to compensate for the freedom of mankind has the ability to be responsible for all the actions that he did.
., Basic, freedom and fundamental rights that is called menusia rights inherent in the human is not supernatural as the grace of God Almighty. These rights cannot be overlooked. Challenge against those rights mean denying the dignity of humanity. Therefore, State, Government, or any organization has the obligation to recognise and protect human rights on every human being without exception. This means that human rights must always be the starting point and purpose in organizing the life of society, nation, and State.
.,, In line with the view of the above, the basic countries contain Pancasila as the thought that man was created by God Almighty with the bears two aspects namely, the aspect of individuality (private) and sosialitas (of society). Therefore, each person's freedom is restricted by the rights of others. This means that every person had a duty recognize and respect the rights of others. This obligation also applies to any organization at any level, especially the State and Government.
.,, Thus, the country and the Government is responsible to respect, protect, defend, and guarantee the human rights of every citizen and its inhabitants without discrimination.
.,, The obligation of respecting human rights, reflected in the preamble of the 1945 Constitution which animates the whole article in the trunk of her body, mainly deals with the position of the equation of citizens in law and Government, the right to work and a decent livelihood, freedom of Association and Assembly, the right to issue the mind with spoken and written, freedom of religion and embraced to worship in accordance with the religion and beliefs of that , the right to obtain education and teaching.
The history of the nation, Indonesia has recorded various afflictions, freshness and deliberate social behavior, caused by the unfair and discriminatory on the basis of ethnic, race, skin color, culture, language, religion, class, gender and other social status. Unfair and discriminatory behavior is a violation of human rights, both vertical (performed by the apparatus of the State against a citizen or otherwise) or horizontally (the country their citizens themselves) and not a few that fall into the category of human rights violations which the weight (gross violation of human rights).
.,, In fact for over fifty years of age of the Republic of Indonesia, respect, protection, implementation or enforcement of human rights is far from satisfactory.
., It reflected events in the form of an invalid arrest, kidnapping, assault, rape, forced disappearances, even killing, burning homes and places of worship, religious leaders attack and their families. In addition, there is also abuse of power by State authorities and public officials who are supposed to be custodians of the law enforcement, security, and the protector of the people, but rather intimidating, molesting, eliminating the forced and/or eliminate lives.
.,, To carry out the obligations set forth in the 1945 Constitution, people's Consultative Assembly of the Republic of Indonesia with the statutes, people's Consultative Assembly of the Republic of Indonesia Number XVI/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, seta immediately ratify the various United Nations instruments on human rights , all is not contrary to the pancasila and the 1945 Constitution.
., The second source, in addition to the above law, the arrangements regarding human rights are basically already contained in various laws and regulations, including laws that assert various international conversion concerning human rights.
., But for overarching goals whole peratuan existing legislation, needs to be established the laws on human rights.
., Rationale, the formation of this law are as follows: a. God Almighty is the creator of the universe, with all its contents;., b. basically, the human soul, was awarded the shape, structure, ability, willingness and a variety of convenience by its creator, to ensure the continuation of his life;
.,, c. to protect, maintain, and enhance human dignity, the necessary recognition and protection of human rights, because without it people will lose and his dignity, so as to push humans into wolves to humans (homo homini lupus);
.,, d. since man is a social creature, then one human rights human rights are limited by the other, so that the human rights or freedoms is not without limit;
.,, e. human rights should not be removed by anyone and in any circumstances;
.,, f. every human rights contains the obligation to respect the human rights of others, so that in the human rights contained liability basis;
.,, g. human rights must be fully respected, protected, and enforced, and for that Government, the State apparatus, and other public officials have the obligation and responsibility of guarantee in this respect, protection and enforcement of human rights.
.,, In this Act, the arrangements regarding human rights determined based on the Declaration of human rights of the United Nations, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the United Nations Convention on the rights of the child, and various other international instruments governing human rights. The material of the Act is adapted as well to the needs of the legal community and the construction of a national law based on Pancasila and the 1945 Constitution.
.,, This legislation in detail set up regarding the right to life and the right not to lose the forced and/or are not eliminated, the rights of married life and continue the descent, the rights to develop themselves, the right to justice, the right to personal freedom, the right to safety, the right to welfare, the right to participate in Government, women's rights, children's rights, and the right to freedom of religion. In addition to regulating human rights, arranged the basic obligation on anyway, as well as the duties and responsibilities of the Government in the enforcement of human rights.
.,, In addition, this Act mnengatur concerning the establishment of a national human rights Commission as an independent institution that functions, duties, authority, and responsibility to carry out studies, research, counseling, mediation, and monitoring of human rights.
.,, In this legislation, regulated also on community participation in the form of complaints and/or a lawsuit for infringement of human rights, the filing of the proposal concerning the formulation of policy related to human rights to the Komnas HAM, research, education, and dissemination of information on human rights.
., The law on human rights is an umbrella from the entire legislation on human rights. Therefore, violations of either directly or indirectly over human rights imposed criminal sanctions, civil, and administrative or in accordance with the provisions of the legislation.
II. For the SAKE of ARTICLE ARTICLE article 1, article 2, pretty clear.,, human rights and basic human freedom cannot be fitted from the man personally because without human rights and basic human freedoms are concerned lose dignity and human dignity. Therefore, the Republic of Indonesia including the Government obligation, either legal or political, economic, social and moral imperative to protect and promote and take concrete steps for the sake of tegaknya of human rights and fundamental human freedoms.
Article 3, article 4, is quite clear.,, is meant by "under any circumstances" including a State of war, weapons, and a dispute or an emergency.
What is meant by "anyone" is a country and Government, or members of the public.
The right not to be prosecuted based on retroactive law can be excluded in the event of violation of human rights which are classified into crimes against humanity.
Article 5, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), the definition of "vulnerable groups" such as the aged, children, the poor, pregnant women, and the disabled.
Article 6, paragraph (1), indigenous rights, which significantly and a high esteem in the community environment of customary law must be respected and protected in the framework of protection and enforcement of human rights in the communities concerned with attention to laws and regulations. Subsection (2), in the framework of enforcement of human rights, the national cultural identity of the Community customs law, customary rights are still manifestly held by local customary law community, remain respected and protected throughout does not conflict with the principles of State law that a core of Justice and people's welfare.
7. Article,, is a "remedy" is the path that can be taken by any person or group of people to defend and restore his rights provided by the law of Indonesia such as for example, by Komnas HAM or by the Court, including an attempt to appeal to the High Court of Cassation and review, filed back to the Supreme Court against the ruling of the Court of first instance and of appeal. In this article it is intended that those who want to uphold human rights and freedoms are essentially required to traverse all the legal efforts on the national level first (exhaustion of local remedies) before using the forum well in the international and regional levels, except when it does not get a response from the forum of national law.
Article 8, the definition of "protection" is to include the defence of human rights.
Article 9, paragraph (1), every person has the right to life, sustaining life, and improve their lives.
The right to life is inherent even in infants who have not been born or a convict to death. In terms of or extraordinary circumstances, namely in the interest of his mother's life in khasus abortion or based on court rulings in criminal cases to death, then death or criminal abortion in terms and or conditions, they could still be permitted. Only on the two things that the right to life can be limited. Subsection (2), quite obviously, subsection (3), it is pretty clear, article 10, paragraph (1),, is a "valid marriage" is a marriage which was carried out in accordance with the provisions of the legislation. Subsection (2), the definition of "free will" is born from the will of the sacred intention without coercion, fraud, or any pressure from anyone against the prospective husband and prospective wife or.
Article 11, article 12 is clear enough, clear enough, Article 13, Article 14, clear enough, clear enough, Article 15, article 16, clear enough, clear enough, article 17, Article 18, clear enough, clear enough, article 19, paragraph (1), The dimnaksud, with "the whole wealth of the guilty" treasure is not derived from the offence or crime. Subsection (2), article 20, clear enough, clear enough, chapter 21,, is a "became the object of research" is the activity of putting someone as being asked for comments, opinions or information concerning the private life and personal data as well as images and recorded his voice.
Article 22, paragraph (1),, is a "right to freely embrace his religion and beliefs" is the right of every person to religious beliefs, according to himself, without any coercion from anyone. Subsection (2), Article 23, Article 24, clear enough, clear enough, Article 25, Article 26, clear enough, clear enough, article 27, Article 28, pretty clear., paragraph (1), quite obviously, subsection (2), an Act, which determines the political crime or included after politics is a country receiving asylum seekers.
29. Article, pretty clear, article 30, article 31 clearly Enough,.,, V. (1)
.,, Is "not to be bullied" is a right pertaining to the private life of (privacy) in the place of his residence. Subsection (2), Article 32, clear enough, clear enough, Article 33, paragraph (1), quite obviously, subsection (2), the definition of "forced disappearance" in this verse is the actions taken by anyone that caused an unknown prevalence and kedaannya.
While the definition of "disappearance of life" is an arbitrary killing is not based on the Court ruling.
Article 34, Article 35 is pretty obvious, pretty clear, Article 36, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), the definition of "property has the social function" is that any use of the property must pay attention to the public interest.
When the public interest requires or need really then property rights may be revoked in accordance with the provisions of the legislation.
Article 37, Article 38, clear enough, clear enough, Article 39.,, is a "must not be inhibited" is that each person or unskilled workers can be forced to become a member or not to be a member of a Labor Union.
Article 40, Article 41, is quite clear., paragraph (1), the definition of "reserve the right to social security" is that each citizen gets social security in accordance with the provisions of the legislation and the capability of the country. Subsection (2),, is a "convenience and preferential treatment" is the giving of services, service, or the provision of facilities and means for smooth, security, health, and safety.
Article 42, Article 43, clear enough, clear enough, Article 44, Article 45, is clear enough, clear enough, Article 46.,, is a "representation of women" is a grant of the same position and opportunity for women to carry out its role in the field of the Executive, the judiciary, the legislature, the party, and toward the general election, justice and gender equality.
Chapter 47, Article 48, clear enough, clear enough, Article 49, paragraph (1), quite obviously, subsection (2),, is a "special protection against reproductive function" is the health services relating to menstruation, pregnant, giving birth, and the giving of an opportunity to nurse the child. Paragraph (3), article 50, quite clearly, the definition of "doing the law itself" is qualified by law to perform the Act law, and for a Muslim woman who was already an adult, to marry are required to use the guardian.
Article 51, paragraph (1), quite obviously, subsection (2), the definition of "the same responsibilities" is an obligation which is charged to the parents in terms of education, cost of living, affection, and the construction of a good future for the child.
The definition of "best interests of the child" is in accordance with the rights of the child as contained in the Convention on the rights of the child which has been ratified by Presidential Decree Number 36 in 1990 about the endorsement of the Convention on The Rights of The Child (Convention on the rights of the child). Paragraph (3), Article 52, clear enough, clear enough, Article 53, paragraph (1), quite obviously, subsection (2), the definition of "a name" is the name of its own, and the name of the biological parents, and or family name, or name and surname.
Article 54, the rights of the child, implementation of physical and or mental disability for the costs of the country's foremost among which are not capable of.
Article 55, Article 56, clear enough, clear enough, Article 57, Article 58. Quite clearly, clearly Enough, Article 59, Article, this relates to the child's parents divorce, or in the event of the death of one of their parents, or in terms of the power of foster parents is revoked, or if the child is abused or not protected or the inability of the parents.
Article 60, paragraph (1).,, education in this paragraph include education manners and manners. Subsection (2), Article 61, clear enough, clear enough, Article 62., Article 63, quite clearly, is quite clear, Article 64.,, pretty obvious Article 65.,, various forms of abuse of narcotic drugs, psychotropic drugs, and other addictive substances include activities of production, circulation, and trading up to its use which does not comply with the provisions of the legislation.
Article 66, Article 67, clear enough, clear enough, Article 68, Chapter 69, clear enough, clear enough, article 70.,, is quite clear, 71 Article, quite clearly, 72, the Article quite clearly to article 73, the restrictions referred to in this article do not apply to human rights that can not be reduced (non-derogable rights) with attention to the explanation of article 4 and article 9.
The definition of "interest of the nation" is to the integrity of the nation and not the interests of the authorities.
74. Article, this Article, asserts that anyone not allowed to take unilateral and profits or losses incurred in other parties interpret the provisions of this Act, resulting in a reduced and or hapusnya of human rights guaranteed by this Act.
Article 75, Article 76. Quite clearly, clearly Enough, Article 77, Article 78, clear enough, clear enough, Article 79., pretty clear, Article 80, 81, Article is quite clear, quite clearly, Article 82, 83 Article quite clear., paragraph (1), the definition of "unveiled by the President" is in the form of a presidential decree. Inauguration by the President associated with independence of Komnas HAM.
Proposal of the Komnas HAM, must accommodate the entire aspirations from various walks of life in accordance with the terms set out, of which there are at most 70 (seventy). Subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), Article 84, clear enough, clear enough, Article 85, paragraph (1), quite obviously, subsection (2), the letter a, letter b, clear enough, clear enough, Letter c, letter d, clear enough, clear enough, the letter e, the decision about dismissal of done with prior notification to the relevant and given the right to defend themselves in the plenary meeting held specially for it.
Article 86, Article 87, clear enough, clear enough, Article 88, Article is quite clear, 89., paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), the letter a, letter b, quite clearly, the definition of "investigation and examination" in order to search activity is monitoring the data, information, and facts to know or no violations of human rights. The letter c, letter d, clear enough, clear enough, the letter e, letter f, clear enough, clear enough, the letter g, letter h, clear enough.,, is a "violation of human rights in the matter of the public", among others, about of land, employment, and environment. Subsection (4), the letter a, letter b, quite clearly, the definition of "mediation" is the completion of civil lawsuit out of court, on the basis of the agreement of the parties. The letter c, letter d, clear enough, clear enough, the letter e., pretty clear, Article 90, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), the definition of "complaints through representation" is a complaint made by an individual or group for a specific community Act represents the infringing the rights of asasinya and or basic similarity of interests law.
Article 91, paragraph (1), letter a, letter b, clear enough, clear enough, Letter c.,, is a "bad faith" is the Act contain a purpose and is not a good tujaun, such complaints accompanied false data or information is not correct, and or intended solely to cause defamation of individuals, or groups, and unrest in society.
What is meant by "no commitment" is that the complainant actually did not mean complete sengketanya, for example, the complainant has 3 (three) times called does not come without a valid reason. D., letter, the letter e is quite clear, quite obviously, subsection (2), Article 92, clear enough, clear enough, Article 93.,, pretty obvious Article 94, Article 95 is quite clear,.,, is a "provision of legislation" in this article is the provision of article 140 paragraph (1) and paragraph (2), section 141 subsection (1) the Indonesia Reglemen updated (RIB) or Section 167 subsection (1) Beyond Java and madura Reglemen.
Article 96, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), the original decision Sheet, or a copy of the authentic decisions mediation are submitted and registered by the mediator to the clerk of the District Court. Subsection (4), the demand for decisions that can be implemented (fiat execution) to the District Court is done through the Komnas HAM. If the parties concerned do not implement the decisions that have been declared enforceable by the Court, then the Court is obligated to carry out the decision.
Against third parties who feel aggrieved by this decision, then it is still possible the third party filed a lawsuit through the courts. Subsection (5), Article 97, clear enough, clear enough, Article 98, Article 99, clear enough, clear enough, Article 100, 101 Article quite clear, quite clearly, Article 102.,, pretty obvious Article 103, 104 Article quite clear., paragraph (1),, is a "violation of human rights that weight" was mass murder (genocide), arbitrary killings or outside of court rulings (arbitry/extra judicial killing), torture , removing people by force, enslaving, or discrimination perpetrated systematically (systematic discrimination). Subsection (2), quite obviously, subsection (3), the definition of "authorized court" includes four judicial environment in accordance with Act No. 14 of 1970 on the provisions of principal Power of Justice as amended by Act No. 35 of 1999.
105. Article,, is quite clear
Article 106.,, is quite clear
Search Translated Laws of Indonesia