.,, weighed: a. that in accordance with the Opening of the Basic Law of 1945, the policy of the Government of the Republic of Indonesia on the disarmament aims to participate in order, security, and peace of the world, among others by freeing the world from the threat of disasters that can be inflicted on the presence and use of weapons of mass destruction, i.e. nuclear, biological, and chemical weapons.
., b. that in order to realize that goal then the State Government of the Republic of Indonesia is actively taking part in the efforts undertaken by the international community for the thorough prohibition of chemical weapons, and has signed the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention on the Prohibition of Development, Production, Stockpiling, and Use of Chemical Weapons as well as about its Disorders) in Paris on the date January 13, 1993;
.,, c. that Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention on the Prohibition of Development, Production, Penimbunaan, and the Use of Chemical Weapons as well as about Its centralization) contains provisions, including verification systems, which are required to be enforced and applied by the State of the Parties in various sectors, including the industrial sector, in particular the chemical industry subsector and the pharmaceutical industry;
., d. that by being a Party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention on the Prohibition of Development, Production, Stockpiling, and Use of Chemical Weapons as well as about the Deliverer, Indonesia can benefit in the efforts of developing the national pharmaceutical and pharmaceutical industry both through the guarantee of exchange of information and technology, and through international cooperation in trade Chemical materials for the development of national economies;
., e. that under these considerations in the letters a, b, c, and d are harvested to need to validate the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention on the Prohibition of the Prohibition) Development, Production, Stockpiling, and Use of Chemical Weapons as well as about its Disorders) with the Act.
.,, Given: Section 5 of the paragraph (1), Section 11, and Section 20 of the paragraph (1) of the Basic Law of 1945;
., SET: LEGISLATION ON THE ENACTMENT OF THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION (THE CONVENTION ON THE BANNING OF DEVELOPMENT, PRODUCTION, STOCKPILING, AND THE USE OF CHEMICAL WEAPONS AS WELL AS ABOUT THE CONCENTRATION.)
Authoring the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention on the Prohibition of Development, Production, Stockpiling, and Use of Chemical Weapons as well as about the The musician) whose copy of the original manuscript along with its appents in English, and translation in Indonesian as attached is an inseparable part of this Act.
This act came into effect on the date of promulgations.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
I. UMUM
., 1. The attempted ban on chemical weapons has begun since more than a century ago. In 1874 European countries agreed to release the Brussels Declaration, which prohibited the use of poison and poison bullets in the war. At the next stage it was signed a declaration in The Hague Conference in 1899 which condemned the use of a single projectile that was the diffusion of gases that resulted in asphyxiating or destructive (deleterious).
., 2. Despite these declarations, chemical weapons remained in use, even in World War I having resulted in the casualties of more than a hundred thousand people dead and about a million people injured.
.,
The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warefare (Protocol Prohibdiction). Use in the War of Breathing of Breathing, Toxic Gases or Other Gas, and of the Method of War with the Bacterium Use), which was signed on June 17, 1925, was subsequently called the Geneva protocol in 1925. The Geneva Protocol forbids the use of gas-gas warfare which results in shortness of breath and toxicity, liquids, objects or similar equipment, and prohibits the use of bacteria in methods of warfare. Although the 1925 Geneva Protocol forbids the use of chemical weapons and chemical weapons, it does not prohibit the development, production, stockpiling or distribution, nor does it regulate the mechanism and procedure of handling it in the case of the Geneva Protocol. The offense.
., 3. Due to the weakness of the 1925 Jenew Protocol, as well as growing awareness of the dangers of mass destruction by these weapons, the international community continued to attempt to ban the total chemical weapons. In 1948, the UN Conventional Arms Commission established chemical weapons and germ weapons as weapons of mass destruction. In 1966 the United Nations General Assembly Resolution as the first Resolution to request that it would be negotiated for the prohibition of chemical weapons and germ weapons. In 1968 The Eighteen-nations Committee on Disarmament began to negotiate the methods of banning these weapons.
.,
.,, the concerns of the international community at that time against the dangers of chemical weapons were also reflected in the 1969 UN General Security report titled Chemical and Bacteriological (Biological) Weapons and the Effect of their Possible Use (Chemical Weapons and the Chemical weapons). Bacteria (Biology) and the Impact of the Possible Use).
., 4. At first the issue of chemical weapons and biological weapons was handled together with one approach in the Committee for Disarmament of the 18 Countries. However, in 1971 it was agreed to separate it, in order to achieve the prohibition of biological weapons first given that the military aspect of biological weapons was considered more dangerous than chemical weapons. In 1972, after being handed a draft script by the Eastern European countries on one side and the United States on the other, it was successfully agreed upon the Convention for the Prohibition of Development, Production and Stockpiling Of Weapons (Biology), The Toxic Weapon. as well as about the Disclaiers, whose full name is Convention on the Prohobition of the Development, Production and stockpiling of Bacteriological (Biological) and Toxin weapons and on their destruction. The convention opened its signatories on 10 April 1972 and entered into force on 26 March 1975.
. .5. The Convention for the Prohibition of Biological Weapons was seen as a first step for the possibility of a thorough prohibition of chemical weapons.
.,
., along with the increasing success of the modern chemical industry in many countries, the number of countries that could potentially have chemical weapons increased sharply.
.,, in the 1980 Disarmament Conference that carried out his hearings in Geneva began to negotiate one convention on the prohibition of chemical weapons. However, the progress of the Convention's settlement was only achieved over a decade after the principle of principle deals with sensitive issues that concern verification of the implementation of the convention. The completion of the convention was also supported by the progress of bilateral negotiations between the two superpowers, the Soviet Union and the United States. In 1989 the two countries could even reach one bilateral agreement for the removal of most of their chemical weapons stockpiles.
., 6. On 3 September 1992 the Disarmament Conference in Geneva successfully completed negotiations and passed the text of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. The so-called Chemical Weapons Convention (KSK). At the KSK Signing Conference held on 13 January 1993 in Paris. KSK was signed by 130 countries, including Indonesia. Currently, the KSK has been signed by 169 countries.
., 7. The success of the KSK was the success of a multilateral effort that had never existed before. With KSK, one category of weapons of mass destruction (chemical weapons) was removed, and the removal was overseen by a very strict universal verification system. With the presence of a verification system for its adherence, the KSK is a new milestone for the resolution of international security issues, in particular the resolution of the problem of disarmament, which is based on the agreement and the terms of the agreement. The scrutiny of the implementation is tied internationally.
II. THE REASON INDONESIA IS THE STATE OF THE KSK PARTY
Indonesia needs to be the State of the Party in KSK with the reasons as follows:
., 1. pursuant to the Opening of the Constitution of 1945 which places humans on its harkat and dignity, Indonesia has been actively involved in the efforts of maintaining international order and security in order to realize world peace, especially in the The negotiations for twelve years (1980-1992) until the KSK;
.,, 2. as the State of the Party, Indonesia can further enhance the image that has been created during this time, both at the regional and global level;
., 3. as a Party country, Indonesia can benefit in the efforts of developing the national chemical industry both through international cooperation in the trade of chemical materials for the sake of national economic development.
III. THE POINT OF MIND THAT DRIVES THE BIRTH OF THE CONVENTION
The minds of the minds that encourage the nations of the world to compose the KSK are as follows:
., 1. The determination to realize its greatest disarmament of a common and thorough weapon under strict and effective international supervision, including the banning and removal of all weapons of mass destruction;
., 2. The desire to provide a donation to the established goals and principles of the United Nations Piagan, as well as to reaffirm its commitment to the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (protocol for Banning Use in the War of Breathing of Breathing, Toxic Gases or Other Gas, and of the Method of War with Use of Bacteria) in 1925 and the Convention on the Probition of the Development, Production and stockpiling of Bacteriological (Biological) and Toxin Weapon and on their Destruction (Convention on the Prohibition of Development, Production, and Stockpiling Of The Weapons (Biology) and Toxic Weapons and About the Disarmament) of 1972;
., 3. determination to shut down the possibility of the use of chemical weapons through new provisions to supplement the obligations governed by the Geneva Protocol of 1925;
., 4. The belief that advances in the field of chemistry should be used solely for the well-being of mankind and improving the trade of chemicals freely, as well as exchange of exchange of scientific information and thehnik in the field of chemical activity. for peaceful purposes to enhance economic and technological development around the world;
., .5. The belief that a thorough and effective prohibition on the development, production, procurement, stockpiling, storage, transfer, and use of chemical weapons, as well as about the concentration of the concentration is an important step towards the direction of the Aim together at the top.
IV. THE UNDERLYING CONTENT OF THE CONVENTION
., 1. The Chemical Weapons Convention consists of the Opening, 24 chapters, and 3 pieces of attachment, each of which is:
.,
.,, the Attachment on Chemical Materials; the Attachment on Implementation and Verification; and the Attachment on the Protection of Confidential Information, the whole of which is an inseparable part. General KSK contains provisions regarding:
., a., a. The total prohibition of the development, manufacture, stockpiling, transfer, and use of chemical weapons and its production facilities. With the provision of this KSK, the existing stockpile of the State of the Party where it is set up is destroyed. Similarly, efforts to produce and move these weapons to any of them are also prohibited;
., b. The Organization for Prohibition of Chemical Weapons (OPCW) is headquartered in The Hague, the Netherlands, against the destruction of chemical weapons and facilities. production;
., c. examination (verification) of the commercial chemical industry which KSK is classed capable of producing chemical weapons for producing, processing or consuming certain chemicals as contained in the list (schedule) Which, when abused, can produce the weapon.
., 2. General obligations of the General Liability contained in Article I KSK include banning the development, production, possession, mastery, stockpiling, transfer, and use of chemical weapons. This section requires each State of the State to destroy chemical weapons and chemical weapons production facilities that may have it, both within the jurisdiction and its supervision, or in other countries. Countries are not allowed to engage in military preparations using chemical weapons; help or encourage other countries to engage in such activities and use chemical materials for riot control. as a method of warfare.
., 3. The criterion and criteria of the definition and criteria of chemical weapons as mentioned in Article II of the KSK include all toxic chemicals and its basic components (precursor) for activities other than those that are not prohibited by the KSK. Conventions, which include the use of peaceful means, protection against toxic chemicals, military objectives that do not involve toxic chemicals as a method of warfare, and law enforcement. The definition of chemical weapons also includes munitions and equipment designed specifically to release these toxic chemicals, as well as any equipment designed specifically for those intents.
., 4. Under Article III of the KSK, no later than 30 days after the KSK applies to a State of the Party, the country is obliged to declare to the OPCW things as follows: the chemical weapons of the fasialier fund production of chemical weapons. It has, by showing the location and the number, and by providing a general overview of the plan of the musicians.
.,
., the country was also obliged to declare its chemical materials for riot control.
. .5. Chemical Weapons and Chemical Weapons Production Facility Section IV and Section V KSK with the Attachment on Implementation and Verification of the detailed provisions of the destruction of chemical weapons and chemical weapons production facilities, including Verification of the destruction. The destruction of chemical weapons and chemical weapons production facilities must be completed within ten years.
.,
., in certain cases, the final deadline for chemical weapons extermination can be extended five years away, and chemical weapons production facilities can be converted into facilities for peaceful purposes, in such a way as to ensuring that such facilities will not be converted again for prohibited activities. Any State of the Parties is required to finance international verification in the destruction of their chemical weapons and their chemical weapons production facilities, unless otherwise determined by the Executive Council, which is the executor of the OPCW.
., 6. Activities that are not prohibited under KSK Section VI KSK with an Attachment on Implementation and Verification detailing a comprehensive regime for the OPCW's chemical industry surveillance activities through declarations and unionization. On-site inspection routine. The State of the Parties makes a declaration of the chemical substances called in the three lists, and the facilities involved in all the activities of both those chemicals and organic chemicals that are not included. In a list like the one mentioned in the KSK. The chemicals in all three of these lists will be inspected in different ways, depending on the threat they can inflict on KSK's intentions and purposes. Verification of the strands that produce uncontained organic chemicals in the list will begin in the 4th year after the enactment of the KSK, unless the State Conference of the Parties determines the other at the Third Regular Session. The Declaration and Inspection procedures are applied to the chemical industry facilities if the amount of chemical materials handled by those facilities exceeds the defined threshold for each list as called In KSK.
., 7. National Implementation Measures Pursuant to Section VII of KSK, State of the Parties shall take measures in the making of relevant laws to guarantee the implementation of KSK at the national level. The State of the Party is also required to form and designate the "National Otorita", which will serve as the focal point for liaison with the OPCW.
., 8. The Organisation for Prohibition of Chemical Weapons is established under Article VIII of the KSK. Conference of the States Parties is the highest decision-making institution, which meets every year and holds Special session if necessary.
.,
.,, the Executive Board, which consists of 41-member states representing 5 regional groups in turn, oversees the OPCW ' s activities and is responsible to the Conference of States States. The Technical Secretariat, which is chaired by a Director General, exercises the practical tasks of the organization. The main component of the Technical Secretariat is the inspectors who run the verification of verification based on KSK.
9. Consultancy, Cooperation, and Fact Search.
.,
.,, Section IX of KSK and Lamapiran on Implementation and Verification Set up a coercive inspection issue based on the short-notice challenge inspection conducted by the OPCW against any facility or location that located in the region or other places under the jurisdiction or supervision of a State of the Party, which aims to provide clarity about the facts about the possibility of non-compliance and resolving any problems. An inspection country can utilize limited access techniques in order to protect sensitive installations and information that is not related to the KSK. This article includes provisions on consultation and clarification.
10. Help and Protection against Chemical Weapons Threats.
.,
.,, under Article X of KSK, the State of the Party facing threats or attacks involving chemical weapons may obtain aid, including defense equipment, such as sensor tools, protective clothing, decontamination equipment and bidders, As well as suggestions of defensive measures against chemical weapons attacks. The parties are required to provide assistance with the choice of one or more of the following steps: a donation to the Volunteer Fund set up by the Conference of the Parties of the Parties; to make an agreement with the OPCW to obtain assistance; and declaration on the types of aid that should be provided in an emergency.
11. Economic Development and Technology.
.,
.,, Article XI KSK guarantees a broad exchange of chemical materials, equipment, scientific and technical information related to the development and application of chemical processes for purposes not banned by KSK among fellow States Parties. The State of the Party also agreed to adapt its national regulations in the field of chemical trade with the purpose and intent of the KSK.
12. Step up to Restore Circumstances and Warrant Obedience, including Sanctions.
.,
.,, Article XII of the KSK governs a number of penalties, including sanctions, in which case a State of the Party is unable to take any remedial action regarding its obedience to the KSK. Considerable cases can be given to the Security Council to be taken further action, including the force of force, in accordance with the UN Charter.
., 13. Section XIII to Section XXIV of KSK governs the Converence relationship with other international agreements, dispute resolution, amendment, expiration and withdrawal, status of attachments, signatories, expiring KSK, penance, and the following terms of the Agreement. storage, and authentic manuscripts. The KSK does not allow the reservation, except for the lamapiran as long as it does not conflict with the intent and purpose of the KSK.
., 14. The appendix to Chemical Materials contains three lists of chemicals differentiated according to the level of verification and guideline for all three of these lists.
., 15. Attachment on Implementation and Verification contains 11 sections on specific verification and other procedures intended for the destruction of chemical weapons and chemical weapons production facilities, routine inspections of industry, inspection coercion, and certain measures for investigations into suspected cases of using chemical weapons. This attachment also contains special provisions governing the trade of chemicals included in the list with countries that are not KSK.
., 16. Attachment on Protection of Confidential Information contains general principles for the handling of confidential information, placement and arrangement of personnel in the OPCW Technical Secretariat, measures to guarantee the secrecy of information and installation Sensitive during the inspection, as well as procedures in terms of the confidentiality of confidentiality.
V. SECTION BY SECTION
Section 1
.,, passed with this Act is Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction as referred to in Article 1.
For the sake of its people, a copy of the original manuscript along with the English in English as referred to in Article 1 is translated into English, and in the event of a different understanding of translation in the language Indonesia was used to use a copy of the original text in English.
Section 2
.,, pretty clear.
