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Act No. 17 Of 1999

Original Language Title: Undang-Undang Nomor 17 Tahun 1999

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 53, 1999 (explanation in Additional State Sheet of the Republic of Indonesia Number 3832)

CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 17 YEAR 1999
ABOUT
HOSTING THE HAJJ SERVICES

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that the country of the Republic of Indonesia guarantees the independence of its citizens to worship according to their religion.
., b. That the Hajj is the fifth Islamic law, which is the fifth Islamic law, which is obligatory for every Islamic person who is able to deliver
., c. that the refinement of the system and management of the Hajj needs to continue to be increased in order for the implementation of Hajj services to be safe, orderly, and fluent in accordance with the demands of the religion;
., d. that under consideration as referred to in the letter a, b, and c need to be formed of the Act on the Host of Hajj services;

.,, Given: 1. Section 5 of the paragraph (1) and Article 21 of the paragraph (1), Article 29 of the Basic Law of 1945;
., 2. The Decree of the People's Consultative Assembly Number X/MPR/1998 on the subject of the Development Reform in the framework of the Salvation and Normalization of National Life as a State Haluan;
., 3. Law No. 5 Year 1974 on the Poes of Government in the Regions (State Sheet of 1974 Number 38; Additional Gazette State Number 3037);
., 4. Law Number 9 of 1992 on Immigration (State Sheet of 1992 Number 33; Additional Gazette Number 3474);
. .5. Law No. 14 of 1992 on Traffic and Road Transport (State Gazette 1992 Number 49; Additional State Gazette Number 3480);
., 6. Law Number 15 Of 1992 On Flight (State Sheet Of 1992 Number 53; Additional Gazette State Number 3481);
., 7. Law Number 21 Of 1992 On Shipping (State Sheet Of 1992 Number 98; Additional Gazette State Number 3493);
., 8. Law Number 23 of 1992 on Health (State Sheet of 1992 Number 100; Additional Gazette State Number 3495);

With Approval
THE INDONESIAN REPUBLI PEOPLE ' S REPRESENTATIVE COUNCIL

DECIDED:

Establish: LEGISLATION ON THE HOSTING OF HAJJ SERVICES.

BAB I
UMUM PROVISIONS

Section 1
In this Act referred to:
1. The citizen is a citizen of the Republic of Indonesia;
2. The Government is the Government of the Republic of Indonesia;
., 3. The Hajj is the fifth Islamic pilgrimage which is the duty of every Islamic person who is able to subdue it;
., 4. The hosting of Hajj is a series of activities that include coaching, service, and the protection of the conduct of Hajj services;
. .5. The candidate of the hajj is a citizen of Islam, qualified and has registered for Hajj services in accordance with the provisions of this law;
., 6. The hajj is either a pilgrimage or a pilgrimage to the hajj during the Hajj season of the year.
., 7. The cost of the Hajj, which is called the BPIH, is a number of funds that are paid by pilgrims to make Hajj.
., 8. Teaching of worship is a series of activities that include lighting, counseling, and guidance on hajj worship.
., 9. Health care is the examination, treatment, and maintenance of the health of pilgrims and hajj pilgrims;
., 10. The Hajj passport is the passport given to the candidate of the hajj in the pilgrimage of the Hajj;
., 11. Accommodation is a place of lodging or acidification as a temporary shelter in the time of the hajj in the place of embarkation and/or in a place of debarcation and exposure during the time in Saudi Arabia;
., 12. Transport is the transport of pilgrims from embarkation, as long as it is in Saudi Arabia, and repatriation back to the place of embarkation of origin in Indonesia;
., 13. The Hajj season is a certain period of time set forth by the Government in order to host the Hajj;
., 14. The organizers of the Special Hajj Worship are the organizers of the hajj worship with special services;
15. Worship umrah is umrah exercised beyond the hajj season;
., 16. The Immortal Fund is a number of funds obtained from the cost of efficiency of the hosting of Hajj services and from other sources;
., 17. The Minister is the Minister whose scope of duty and responsibilities include the field of religion.

Section 2
Every Islamic citizen has the right to worship the Hajj.

Section 3
The Government is obligated to undertake coaching, service, and protection by providing the facilities, ease, security and convenience required by any citizen who is a pilgrimage to the Hajj.

BAB II
ASAS AND THE PURPOSE

Section 4
The hosting of Hajj is based on the sense of justice obtaining the opportunity, protection, and legal certainty in accordance with Pancasila and the Basic Law of 1945.

Section 5
The Hajj aims to provide excellent coaching, service and protection through the system and the good management of the Hajj to walk safely, orderly, smooth, and comfortable. in accordance with the religious tuntunan as well as the pilgrims can carry out the Hajj independently so it is obtained by the hajj mabrur.

BAB III
ORGANIZING

Section 6
.,, (1) The Hajj of Hajj is a national duty and is the responsibility of the Government under the coordination of the Minister.
., (2) In carrying out the duties as referred to in paragraph (1), the Minister is coordinating and/or in collaboration with the related departments/agencies/agencies and the Government of Saudi Arabia.
(3) The organizers of the hajj worship are the Government and/or the community.
.,, (4) The organizer 's requirement and the type of activities of hosting the Hajj which can be exercised by the public as referred to in verse (3) are governed by the Minister' s decision.

Section 7
The coordination of Hajj services is carried out:
a. at the central level by the Minister;
., b. in the area level by the governor/head of area 1 to the level of the province and the mayor/mayor of the region II region for the district level/kotamadya;
c. in Saudi Arabia by the Chief Representative of the Republic of Indonesia.

Section 8
.,, (1) The Minister may form the organizing committee of hajj worship at the central level, at the area level, and in Saudi Arabia according to the needs.
.,, (2) In order to host the Hajj, the Minister appoints the operational officers accompanying the hajj congregation, which consists of:
., a., a. Hajj Indonesia Guide Team, which is abbreviated to TPIHI;
B. Indonesian Hajj Health Team, which is abbreviated to TKHI;
C. Hajj Indonesia Guide Team, abbreviated TPHI.

BAB IV
THE COST OF HOSTING THE HAJJ SERVICES


Section 9
.,, (1) His Bespets BPIH are set by the President on the proposal of the minister after getting the approval of the People's Representative Council of the Republic of Indonesia.
(2) (2) BPIH as referred to in verse (1) is used for the purposes of hosting the Hajj.
(3) BPIH administrations are governed by the Minister ' s decision.

Section 10
.,, (1) BPIH payments are made to the Minister ' s accounts through government banks and/or private banks appointed by the Minister after it gets consideration of the Governor of the Bank of Indonesia.
.,, (2) The acceptance of BPIH payments as referred to in paragraph (1) is done with regard to the provision of the designated quotas.
(3) The return of BPIH is given to the prospective pilgrims in terms of:
., a., a. Passed away before leaving for the Hajj;
B. The limit of his departure for health reasons or other legitimate reasons.
.,, (4) Tata the way of return and the number of BPIH returned is set through the Minister ' s decision.

Section 11
., (1) In order to management of the Immortal Fund as referred to in Article 1 of item 16 more defensively and successfully to the health of the faithful, the Government forms the Governing Body of the Immortals Fund chaired by the Minister.
.,, (2) The Perpetual Funds Governing Body as referred to in paragraph (1) consists of the Supervising Board and the Managing Board, whose membership is set by the President on the Minister ' s proposal.
(3) The Permanent Fund Manager has a principal task:
.,
., a., a. plan, organize, manage funds utilizing the eternal funds of the faithful;
., b. Report to the President and the People's Representative Council of the Republic of Indonesia.
.,, (4) Further provisions on the implementation of the Governing Body ' s Governing Body Duties are set forth by the Minister.

BAB V
THE REGISTRATION

Section 12
.,, (1) Any citizen who will be subjected to Hajj services is required to register themselves to the agency appointed by the Minister.
.,, (2) The terms and requirements as well as the term of registration on each Hajj season are set by the Minister.

Section 13
The setting up of overseas nationals who wish to make the Hajj pilgrimage is set further by the Minister ' s decision.

Section 14
.,, (1) In order of setting the national quota, the Minister sets quotas for each province with regard to the principle of fairness and proportionate.
.,, (2) The Governor/Head of the level I level as the coordinator sets quotas for the district/municipality.
.,, (3) In terms of national quotas not met on the closing day of the registration, the Minister may extend the registration period by using the free quota nationally.

BAB VI
COACHING

Section 15
.,, (1) the Minister is obliged to establish the pattern and order of the coaching of the candidates for Hajj and hajj.
.,, (2) The Minister is obliged to publish manasic guidelines and pilgrimage travel guides.
.,, (3) The coaching is done for the sake of safety, agility, order, and the welfare of pilgrims as well as for the perfection of Hajj devots without picking up additional costs beyond the established BPIH.

BAB VII
HEALTH

Section 16
., (1) The coaching and health services of Hajj, both at the time of preparation and the implementation of the Hajj services, are conducted by the Minister whose scope of duty and responsibility covers the field of health.
.,, (2) The implementation of the task as referred to in paragraph (1) is further governed by the Minister whose scope of duty and responsibility covers the health field.

BAB VIII
IMMIGRATION

Section 17
.,, (1) Any citizen who will be subjected to the Hajj services using a hajj passport issued by the Minister.
.,, (2) the Minister may appoint officials to and/or on his behalf sign a hajj passport.

BAB IX
TRANSPORT

Section 18
The minister whose scope of duty and responsibility includes the field of relations coordinating and responsible for the implementation of the pilgrimage transport which includes the departure of the embarkation place to Saudi Arabia and the United States. replay to the original embarkation place in Indonesia.

Section 19
The implementation of pilgrimage transport in Saudi Arabia is under the coordination and responsibility of the Minister.

Section 20
The appointment of the transport executor of Hajj is carried out by the Minister with regard to safety, efficiency, and comfort.

BAB X
DEFAULT ITEM

Section 22
.,, (1) Jemaah haji may carry the innate goods abroad and/or from abroad in accordance with the provisions applicable.
.,, (2) The examination of the innate goods as referred to in paragraph (1) is carried out by the Minister whose scope of duty and responsibility covers the financial field.

BAB XI
ACCOMMODATION

Section 22
.,, (1) The minister is obligated to provide accommodation for Hajj pilgrims without additional fees outside of BPIH.
., (2) The absence of accommodation for Hajj pilgrims is performed with regard to the health, convenience, ease, and security of pilgrims and the goods of the Hajj and its goods.

BAB XII
HOSTING SPECIAL HAJJ SERVICES

Section 23
.,, (1) In an effort to improve the hosting of Hajj services for communities requiring special services, it can be hosted a special hajj worship service.
(2) The Hosting Of Special Hajj Services is set by the Minister.

Section 24
.,, (1) the hosting of the Special Hajj pilgrimage is mandatory to meet the provisions as follows:
.,
., a., a. only accept registration and serve for pilgrims who use Hajj passports;
B. providing a worship and health guidance officer;
., c. report to the Representative of the Republic of Indonesia in Saudi Arabia at the time of coming in Saudi Arabia and at the time of his return to Indonesia;
., d. Strengthen and repatriate the congregation in accordance with the provisions of the special Hajj pilgrimage and the agreements on which both parties agree on their respective rights and obligations.
.,, (2) The provisions of the hosting of special hajj worship are further set up with the Minister ' s decision.
.,, (3) The organizers of the Special Hajj Worship who do not carry out the provisions as referred to in paragraph (1) may be subject to administrative sanction:
., a., a. warning;
B. revocation of organizer permission;
c. revocation of business permit.

BAB XIII
STAGING COURSE
UMRAH WORSHIP

Section 25
.,, (1) The umrah journey of worship can be done either individually or entourage.
(2) umrah worship journey may:
., a., a. taken care of itself; or
B. be anointed by the organizers of the umrah worship journey.
.,, (3) Organizing travel of worship umrah is a society and is set by the Minister.

Section 26
(1) Organizing mandatory umrah worship:
., a., a. providing a worship and health guidance officer;
., b. report to the Representative of the Republic of Indonesia in Saudi Arabia at the time of coming in Saudi Arabia and at the time of its return to Indonesia;
., c. enshrine and repatriate his congregation in accordance with the provisions of the umrah worship journey and the agreements on which both parties agree include the rights and obligations of each.
.,, (2) The provisions of the hosting of the umrah worship journey are further set up with the Minister ' s decision.
., (3) Host of the umrah worship travel which does not carry out the provisions as referred to in paragraph (1) may be subject to the administrative saccharis:
., a., a. warning;
B. revocation of organizer permission;
c. revocation of business permit.

BAB XIV
CRIMINAL PROVISIONS

Section 27
., (1) Whoever intentionally acts as the beneficiary of BPIH payments as referred to in Article 10 of the paragraph (1) and/or acts as the recipient of the hajj as the recipient of the hajj as referred to in Article 12 of the paragraph (1), when he is not entitled to that, being threatened with a prison criminal for the longest four years and/or a fine of at most Rp500.000.00 (five hundred million rupiah).
(2) Whoever by intentionally acts as the organizer of the worship of the worship of worship by collecting and/or giving up the congregation as referred to in Article 25 of the verse (3), when he is not entitled to it, is threatened with a criminal. the longest four years in prison and/or a fine of the most Rp500.000.00 (five hundred million rupiah).

Section 28
., (1) Organizing a special hajj worship which does not carry out the provisions as referred to in Article 24 of the paragraph (1) is threatened with a prison criminal of the longest six years and/or a fine of at most Rp1,000.00 (one million rupiah).
., (2) Host of the umrah worship travel which does not carry out the provisions as referred to in Article 26 of the paragraph (1) was threatened with a prison criminal of the longest six years and/or a fine of at most Rp1,000.000.00 (one billion rupiah).

BAB XV
THE TRANSITION PROVISION

Section 29
.,, (1) Items that have not been set up in this Act shall be established with other laws.
.,, (2) By the enactment of this Act, any provision regarding the hosting of the Hajj and the hosting of the umrah worship in defiance of this Act is declared to be not applicable.
.,, (3) At the time of the passage of this law, the Ordonance of Hajj (Pelgrims Ordonnantie Staatsblaad of 1922 No. 698) included all changes and the addition was declared to be not applicable.

BAB XVI
CLOSING PROVISIONS

Section 30
This law goes into effect on the promulgated date.

In order for everyone to know it, order the invitational of this legislation with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta
on May 3, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA,

BACHARUDDIN JUSUF HABIBIE
Promulgated in Jakarta
on May 3, 1999
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA

AKBAR TANDJUNG


ADDITIONAL
STATE SHEET RI

No. 3832 (explanation Of State Sheet 1999 Number 53)

EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 17 YEAR 1999
ABOUT
HAJJ PILGRIMAGE

I. UMUM

(The Hajj is the fifth Islamic pilgrimage to be carried out by Muslims who meet the criteria of the istitha'ah, among others capable of materially, physically, and mentally. For the Indonesian people, the hosting of Hajj is a national duty because in addition to the welfare of the inner pilgrimage, it also concerns the good name and dignity of the Indonesian people abroad, especially in Saudi Arabia. Considering the implementation of the mass and taking place within a limited period of time, the hosting of Hajj requires good management to be orderly, safe and smooth.
.,, increased coaching, service, and protection against hajj were attempted through the refinement of the system and management of the Hajj services. The refinement of such systems and management is meant to be more prepared and self-sufficient for Hajj pilgrimage in accordance with the religious pilgrimage, thus obtain the hajj mabrur.
.,, the increased effort and refinement occurred from year to year to avoid repeated errors and/or shortcomings that occurred in the previous days.
., for the purpose of this intent, the conditions are conducive to the citizens who will carry out the Hajj. The conditions of the conducive can be achieved when the Hajj is able to provide coaching, service, and protection to pilgrims and hajj pilgrims. Coaching includes guidance, counseling, and lighting, services include administration, transportation, health, and accommodation services.
.,, Protection includes protection of safety and security, the protection of obtaining the opportunity for Hajj pilgrimage, as well as the establishment of affordable BPIH by pilgrims.
.,, in relation to it, the organizers of the Hajj worship are obliged to carry out coaching, service, and protection in good terms by providing the facilities and the ease required for the pilgrims/pilgrims.
.,, Given the hosting of Hajj is a national duty and concern of the dignity and good name of the nation, activities related to the hosting of Hajj are the responsibility of the Government. The public participation in the Hajj is an integral part of the system and management of Hajj services.
.,, closely related to the hosting of the Hajj is the hosting of the umrah pilgrimage. In view of the public's interest in the worship of the Umrah is considerable and in order to provide coaching, service, and protection to the future of the congregation and/or the congregation, then this law also governs the order. Umrah's journey.
.,, during these laws regarding the hosting of the Hajj as set forth in Pelgrims Ordonnantie 1922, including changes as well as its additions and Pelgrims Verordening in 1938, and various regulations (The laws of the Hajj and the Sacred Mosque) are among those who do not believe.
., 1. Policy of the President of the Republic of Indonesia Number 3 of the Year 1960 on the Hosting of Hajj
., 2. The decision of the President of the Republic of Indonesia No. 112 of 1964 on the Interdepartmental Hajj Affair;
., 3. Decision of the President of the Republic of Indonesia Number 22 of 1969 on the Hosting of Hajj by the Government;
., 4. The decision of the President of the Republic of Indonesia No. 53 in 1981 on the Hosting of Hajj;
. .5. The Decision of the President of the Republic of Indonesia No. 63 of 1983 on the Hosting Of Worship Pilgrimage;
., 6. The decision of the President of the Republic of Indonesia No. 62 of 1995 on the Hosting of Hajj;
., 7. Decision of the President of the Republic of Indonesia No. 57 of 1996 on the Hosting Of Worship Pilgrimage;
., it is no longer compatible with the situation and conditions as well as the needs of the Indonesian people. Therefore, in order to guarantee the quality of coaching, service and protection that is a fundamental need in the hosting of Hajj and applicable laws so long as it needs to be adjusted and improved to Law. As such, the Act of the Hajj of the Hajj is time to be realized.

II. THE EXPLANATION OF THE SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, the implementation of the right to worship the hajj is based on the principle of justice and the arrangement that is set further by the Minister's decision.

Section 3
.,, pretty clear.

Section 4
.,, pretty clear.

Section 5
.,, pretty clear.

Section 6
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the Government can form the Hajj Pilgrimage Organizing Body in accordance with the need.
Verse (4)
.,, pretty clear

Article 7
.,, pretty clear.

Article 8
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, pretty clear
Letter b
.,, the appointment of the Indonesian Hajj Health Team is conducted by the Minister for the proposal of the minister whose scope of duty and responsibility covers the health field.
Letter c
.,, pretty clear

Article 9
.,, Verse (1)
.,, the approval of the People's Representative Council of the Republic of Indonesia is held annually by a commission within the DPR-RI that is a religious cause.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Article 10
.,, Verse (1)
.,, referred to as the Minister in the Minister's account is the minister as an institution, which in its implementation the Minister may appoint officials in the environment of duty and his authority to act for and/or on his behalf.
Consideration by the Governor of the Bank of Indonesia is intended in order to provide security guarantees of BPIH made by pilgrims on government banks and/or national private banks appointed so that it can provide reassurance. A departure for pilgrims ' future.
Verse (2)
., in question the quota is the national quota which is the maximal limit of the number of Indonesian hajj pilgrims in the year in question.
Verse (3)
.,, the letter a
., who was meant to have died before leaving for the Hajj was the death of the world before leaving the embarkation to Saudi Arabia.
Letter b
., if in the health examination conducted at the time of leaving, it turns out that the candidate of the Hajj is suffering from a disease that is thought to interfere with the execution of Hajj or are in a state of pregnancy, abort. His departure.
It is null and void for other reasons that are valid for resigning, giving false identity, and/or banned.
Verse (4)
.,, pretty clear

Article 11
.,, Verse (1)
The Minister of the Minister's account is the minister of power and success for the vision of the people is everything that can improve the progress and/or welfare of the people, among other things in the field of education and preaching, health, social, economic, construction of the means and infrastructure of worship, as well as the hosting of Hajj.
Verse (2)
.,, Susunan membership of the Eternal Fund Governing Body consists of the elements of government and society.
The membership arrangement of the Supervising Board consists of the elements of society and government.
The membership arrangement of the Managing Board is composed of government elements.
The minister needs to listen to the consideration of Islamic institutions or organizations in proposing a membership arrangement of the Board of Perpetual Funds.
Verse (3)
.,, the letter a
.,, pretty clear
Letter b
., referred to by the House of Representatives of the Republic of Indonesia on this verse is a commission within the DPR-RI that is drugging the religion.
Verse (4)
.,, pretty clear

Article 12
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Article 13
.,, pretty clear.

Section 14
.,, Verse (1)
.,, which is meant by national quotas is the maximum number of citizens who can register themselves to perform the Hajj pilgrimage in the year in question.
The propinsion quota is the maximum population of a province that can register for the Hajj pilgrimage in the year in question.
In principle, the principle of fairness and proportional in establishing the propinsion quota is the principle of the designation of quotas by the Minister, paying attention to the number of registrations in the previous years and the population of each province.
Verse (2)
.,, referred to as county/municipality quotas is the maximum number of residents in a district/municipality that can register to perform the Hajj pilgrimage in the year in question.
In setting the county/municipality quota, the governor/regional head of the I level is concerned with the principle of fairness and proportional, i.e. paying attention to the number of registrations in previous years and the population of each district/municipality.
Verse (3)
.,, the intended registration using a nationally free quota is registration that is no longer bound to the terms of the propinsion quota and/or district/municipality in terms of national quotas has not been met.

Article 15
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Section 16
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Section 17
.,, Verse (1)
.,, the Hajj Passport is the official document of the state issued by the Minister for the citizens who are in the region of Indonesia and apply to the Hajj pilgrimage.
The use of passports in addition to Hajj passports is possible for citizens who will be subjected to Hajj and the use of such passports is further governed by the Minister by keeping the national quota.
Indonesian citizens who settled abroad in the Hajj services use passports other than Hajj passports.
Verse (2)
.,, pretty clear

Article 18
.,, pretty clear.

Section 19
.,, pretty clear.

Section 20
.,, pretty clear.

Section 21
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Article 22
.,, Verse (1)
.,, which is referred to at no additional cost outside the BPIH is without the additional charge imposed on the hajj for accommodation because the cost is already included in the calculation of the BPIH component.
Verse (2)
.,, pretty clear

Section 23
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Section 24
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Section 25
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Article 26
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, the report was intended to allow the Representative of the Republic of Indonesia in Saudi Arabia to know and supervise the organizers of the umrah pilgrimage journey so that the congregation was protected from the actions of the unaccountable travel organizer. Answer.
Letter c
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Section 27
.,, pretty clear.

Article 28
.,, Verse (1)
.,, which is meant by the organizers of the special Hajj worship is the disclaimer, the caretaker and/or the owner of the special Hajj worship worship.
Verse (2)
.,, which is meant by the travel organizer umrah is the administrator and/or the owner of the umrah worship travel organizer.

Article 29
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Article 30
.,, pretty clear.