endees
.,, (2) The number of participants as referred to in paragraph (1) of the letter h at most 50 (fifty) people.
Section 11
.,, (1) If the participant presents an opinion in the general advance beyond the amount defined as referred to in Article 10 of the paragraph (2) its implementation must receive a written consent from the local Polri.
.,, (2) the written consent of the local Polri as referred to in paragraph (1), no later than 2 x 24 (twice twenty-four) hours after being received notice.
.,, (3) The implementation of the public opinion delivery can be exercised, 3 x 24 (three times twenty-four) hours after the publication of the written consent of the local Polri.
Section 12
.,, (1) After receiving a notice letter as referred to in Article 10 of the paragraph (1) of the mandatory Polri:
.,
., a., a. coordinate with the leadership of the agency or agency that will be the purpose of delivering opinions; and
B. Prepare for secure location, location and route.
.,, (2) In the implementation of the public opinion delivery of the opinion Polri organizes safeguards to ensure public safety and order in accordance with the applicable procedures.
Section 13
Cancellation of the public, group, or individual opinion of the public, is required to be notified to Polri no later than 24 (twenty-four) hours prior to execution time.
Section 14
The execution of public opinion will be dissolved if:
., a., a. not to meet the provisions referred to in Article 8 of the paragraph (2) and paragraph (3), Section 9 of the paragraph (1), and Section 10; and
., b. The participants committed acts against the law, endangering the soul, property, as well as disturbing the security and public order.
Section 15
Citizens who submit opinions in the public and do not comply with the provisions as referred to in the Government Regulations this Act, may be subject to legal sanction in accordance with applicable laws.
BAB V
THE TRANSITION PROVISION
Section 16
At the time of the enactment of the Rule of the Government of this Act all laws relating to independence convey the opinion in the public contrary to the Rule of the Government of this Act. declared not applicable.
BAB VI
CLOSING PROVISIONS
Section 17
The Replacement Government rule of this Act came into effect on the promulgated date.
In order for everyone to know, order the Government Regulation inviters of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on July 24, 1998
PRESIDENT OF THE REPUBLIC OF INDONESIA
BACHARUDDIN JUSUF HABIBIE
Promulgated in Jakarta
on July 24, 1998
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA
AKBAR TANDJUNG
ADDITIONAL
STATE SHEET RI
| No. 3772 | (explanation Of State Sheet 1998 Number 115) |
EXPLANATION
Above
RULE REPLACEMENT GOVERNMENT REGULATION
No. 2 YEAR 1998
ABOUT
INDEPENDENCE CONVEYWAY IN PUBLIC OPINION
UMUM
.,, the construction of a legal field based on the Great Lines of the State of the State of 1998 includes legal material, legal apparatus, legal means and infrastructure, legal culture, and human rights.
.,, under the presence of human rights into the Great Lines of the State of 1998 is an indicator of the increase in the process of openness in the country of the Republic of Indonesia so as a logical consequence, the Government of the Republic of Indonesia is obliged. Make it happen in the form of an aspirational political attitude towards openness.
.,, one of the pillars of openness in the field of law based on the constitutional system of the Republic of Indonesia is present on the provisions of independence issuing the mind orally or in writing as set in Article 28 of the Basic Law 1945.
.,, the embodiment of the will of the people freely in conveyance of the mind orally and or the writing must remain nourished for the entire social and institutional order of both the infrastructure and the superstructure to remain independent of the aberration or the A violation of the law is contrary to the intent, the direction of the direction of the process of openness so as not to create a social disintegration but must be able to ensure a sense of security in
., as such, then the independence of public opinion that is protected by the Basic Law of 1945 must be exercised in full sense of responsibility in line with the laws that apply within the limits, rambu, and the international legal principles recognized as the rest of the nation are listed in Article 29 of the Universal Declaration of Human Rights which among others sets out as follows:
., 1. Each person has an obligation to a society that allows for a free and full development of his personality.
., 2. In the exercise of its rights and freedom, each person must be subject solely to the restriction prescribed by the legislation with the intent to guarantee recognition and appreciation of the rights as well as the freedom of others, and to fulfill the the fair terms for morality, order, and general welfare in a democratic society;
., 3. These rights and freedoms may not be exercised in conflict with the aims and principles of the United Nations.
.,, to the point of repulsion of the legal development approach of both the national interest and the interests of the relationship between nations and the independence of the public opinion must be made:
1. Asas of deliberation and mufakat;
2. asas legal certainty;
3. asas the balance between the right and the obligation in conveying the opinion;
4. asas proportionality; and
5. asas benefit.
.,, the five asas are the cornerstone of freedom responsible for thinking and acting to express opinions in the public.
., based on the five independent asas expressed in the general advance, it is expected to be achieved:
.,, 1. embody one of the Human Rights pursuant to Pancasila and the Basic Law of 1945;
., 2. obtain consistent and continuous legal protectio/div>
., (2) The written notice in writing as referred to in paragraph (1) is delivered by the concerned, the leader or the group ' s responsibility.
.,, (3) Notice as referred to in paragraph (1) at least 3 x 24 (three times two four) hours before the start activities have been received by the local Polri.
., (4) Notice in writing as referred to in paragraph (1) is not required in any religious activity or scientific activity within the campus.
Section 10
(1) The notice letter as referred to in Article 9 of the paragraph (1) contains:
., a., a. intent and purpose;
B. places, locations, and routes;
c. time and long;
D. form;
e. defile;
f. name and address of the organization, group, or individual;
G. The props are used; and or
h. Number of att n in the filling of such independence;
., 3. lays down social responsibility in a nation-state and country life above the personal and or group interests.
.,, the goal can be achieved if it is based on legal signs that have autonomous, responsive and reduced characteristics or leave behind repressive characteristics.
.,, by adhering to such characteristics then the Rule of Government Replacement of the Act of Independence Deliying the Opinion in the General Muka is a regulative law so that on one side can Protecting the rights of citizens in accordance with Article 28 of the Basic Law of 1945, and on the other hand can prevent the physical or psychic pressures that can reduce the soul and feed of the process of openness in the legal field.
.,, the Use of Government Regulation the Act of Replacement of the Act to regulate independence conveyance the opinion in advance is based upon consideration:
., a., a. The occurrence of a wave of protests in various places often tends to be uncontrollateable with acts against the law of dredging, burning, and looting, which pose a loss of both materiel and materiel. immateriel as well as resulting in feeling unsafe in masyakat;
., b. Such conditions on the grain of a have a broad impact among foreign beliefs against the Government of Indonesia in the field of economics, so as to inhibit national development;
., c. The agenda of development reform is very solid and must be implemented in a relatively short period of time, so it must soon be created an atmosphere that is conducive to order, order, and security without leaving the general principles of democracy.
SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, which is referred to by "oral delivery of opinion" e.g. interview speech, dialogue and discussion.
The meaning of "writing" for example: letters, pamplets, posters, and banners.
Section 3
.,, pretty clear.
Section 4
.,, pretty clear.
Section 5
.,, the letter a
.,, referred to by "freely issuing the mind" is free of physical and psychic pressures or restrictive restrictions of the purpose as referred to in Article 4 of the Regulation of the Government of this Act.
Letter b
.,, pretty clear
Section 6
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, the benchmark of unity and the unity of the nation must be interpreted in the context of Article 6 of the letters a, b, c, and d.
Article 7
., referred to as the "authorized government apparatus", is the government apparatus that organizes safeguards.
Letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, the safekeeping according to the letters a, b, and c.
Article 8
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
., referred to as "vital objects" is an object in which laws are forbidden to be visited and or publicly entered.
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Verse (3)
.,, pretty clear
Article 9
.,, Verse (1)
.,, the delivery of the notice in writing to the Polri is evidenced by the receipt letter.
Verse (2)
.,, pretty clear
Verse (3)
.,, referred to as "local polri" is the leading Polri unit where opinion delivery activities will be performed if activities are exercised at:
a. 1 (one) subdistrict, notification is addressed to the local Polsek;
., b. 2 (two) subdistricts or more in the district/municipality environment, the notice is addressed to the Polres;
., c. 2 (two) districts/municipalities or more in 1 (one) propinsi, the notification is addressed to the local Polda;
D. 2 (two) provinces or more, the notice is addressed to the National Police Headquarters of the Republic of Indonesia.
Verse (4)
.,, pretty clear
Article 10
.,, Verse (1)
.,, reasonably clear
Letter a
.,, pretty clear
Letter b
., referred to as "place" is the place where the public opinion is going, either where the participants depart and/or assemble.
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
The letter g
.,, pretty clear
Letter h
.,, pretty clear
Verse (2)
.,, pretty clear
Article 11
.,, Verse (1)
.,, a written consent is required given the large number of participants then to ensure the safety and public order in the implementation of the opinion delivery.
Verse (2)
.,
., a., a. This provision applies also in terms of the Polri not being able to provide written consent by listing its reasons.
B. If the Polri does not provide written consent in time as referred to in this section, it is considered to have been approved.
Verse (3)
.,, pretty clear
Article 12
.,, pretty clear.
Article 13
.,, pretty clear.
Section 14
.,, pretty clear.
Article 15
.,, referred to by "legal sanctions" are sanctions criminal law, civil legal sanctions, and administrative sanctions.
In question, "laws" are the laws of the criminal law, the laws of the civil law, and the provisions of the administration.
Section 16
.,, pretty clear.
Section 17
.,, pretty clear.
