Act No. 27 Of 1997

Original Language Title: Undang-Undang Nomor 27 Tahun 1997

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ee4e3ff60aab7313231373235.html

ACT 27-1997 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 75, 1997 (Additional explanation in the State Gazette of the Republic of Indonesia Number 3704) legislation of the REPUBLIC of INDONESIA NUMBER 27 in 1997 ABOUT the MOBILIZATION and DEMOBILIZATION with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that, indeed that independence is the right of all Nations, and therefore the nation Indonesia reserves the right to and must defend and defend the independence and sovereignty of the unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution;
.,, b. that in country life, aspects of the defence of State security is a factor that is essential in manjamin the survival of the unitary State of Republic of Indonesia against all threats both from abroad and from within the country and the nature of the defence of State security, people's resistance is held based on the awareness of the responsibility about the rights and obligations of every citizen in the country's defence and security defence system implemented with the people of the universe whose harness national resources and infrastructure thoroughly national, integrated and targeted, fair and equitable;
.,, c. that to cope with the country in danger as a result of threats both from outside and from within the country that could not be overcome by the armed forces of the Republic of Indonesia including backup, then it needs to be held national resources mobilization act as well as national and infrastructure that had been prepared and was built as a component of the defense forces of State security on the basis of the applicable legislation and when threats have been able to overcome , then immediately held demobilization to restore order to the function and the status of life again;
.,, d. that Act No. 14 of 1962 concerning the determination of the Replacement Government Regulations Act No. 1 in 1962 about the calling and the deployment of all citizens in the framework of a general Mobilization for the benefit of the security and defence of the Country became law, it was not in accordance with the order of development of Security Defense Organization of the Republic of Indonesia;
.,, e. that the mobilization and demobilization should be regulated by legislation as mandated in article 42 of the Act Number 20 in 1982 about the staple provisions of Defense of the Republic of Indonesia Security as amended by Act No. 1 of 1988 on changes in the Law Number 20 in 1982 about the staple provisions of Defense of the Republic of Indonesia State security;
.,, f. that based on consideration of the letters a, b, c, d, and e, it needs to be established law on mobilization and demobilization;
.,, Considering: 1. Article 5 paragraph (1), article 10, article 12, article 20 paragraph (1), and article 30 of the Constitution of 1945;
., ,2. Act No. 23 of Prp. Of 1959 about Danger (1959 State Gazette Number 139, an additional State Gazette Number 1908);
., ,3. Act No. 20 in 1982 about the staple provisions of Defense of the Republic of Indonesia State security (State Gazette Number 51 in 1982, an additional State Gazette Number 3234) as amended by Act No. 1 of 1988 on changes in the Law Number 20 in 1982 about the Principal provisions of the security of the Republic of Indonesia Petahanan (State Gazette number 3 in 1988, an additional Sheet country number 3368);
., ,4. Act No. 2 of 1988 about Soldiers of the armed forces of the Republic of Indonesia (State Gazette No. 4 in 1988, an additional Sheet country number 3369);
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA DECIDES: setting: law on the MOBILIZATION and DEMOBILIZATION.

CHAPTER I GENERAL PROVISIONS article 1 In this law, is:.,, 1. hazards State is a State which can pose a threat to unity and the unity of the nation as well as the survival of the nation and the State of the Republic of Indonesia in accordance with the laws of the State of danger.
., ,2. Mobilization is the Act of deployment and the use of simultaneous national resources as well as national and infrastructure that has been built and prepared as a component of the defense forces of State security to be used appropriately, integrated, and directional for tackling any threats, whether from abroad or from within the country. 3. Citizens of the Republic of Indonesia are citizens.
., ,4. Mobilisan is a member of the people Trained citizens, citizens of the Member States for the protection of society, and citizens who because of his expertise mobilized.
., ,5. Demobilization is the Act of termination of the deployment and the cessation of the use of national resources as well as national and infrastructure that applies to all areas of the country that was held in stages in order to restore the functions and tasks of each element as before the enactment of the mobilization. 6. Dembilisan is mobilisan completed underwent mobilization.
., ,7. Trained people is the basic component of the State security, defense force capable of carrying out the functions of public order, the protection of the people, people's security and the people's resistance in the course of conducting the defence of State security.
., ,8. Community protection is a component of the special forces of State security petahanan capable of functioning help the community cope with disasters and minimize the consequences of the plagues.
., ,9. National resources are human resources, natural resources, and the resources which can be used as a component of the defense and security forces of the country to realize the national resilience.
., .10. Human resources are the citizens who psychologically and physically can be built and prepared its ability to support the security of State Defense Force components.
.,, 11. Natural resources are susuatu in nature which in its original form can be didayagunanan to the interests of the defence of State security.
., 12. Artificial resources are natural resources that can be engineered into human berdayaguna or increased dayagunanya in the interest of the defence of State security.
., 13. The national infrastructure is everything that can serve to support the process of organizing the defence of the security of the country and included as a component of supporters. 14. the Minister is the Minister of defence of the Republic of Indonesia's security.

15. The Commander was commander of the armed forces of the Republic of Indonesia.

CHAPTER II FOUNDATION, principles, and objectives article 2 Organization of mobilization and demobilization is based on Pancasila and the 1945 Constitution.

Article 3 organization of mobilization and demobilization was implemented with the principle of kesemestaan, principles, principles of community benefits, the principle of legality, the principle of selectivity, principles of effectiveness, efficiency, and the basic principle of kejuangan.

Section 4.,, (1) Mobilization was organized with the aim to cope with any threats that jeopardize the unity and the unity of the nation as well as the survival of the nation and the State Union of Republic of Indonesia.
.,, (2) Demobilization organized with the aim to restore the functions and tasks of the public administration, civic life, keeping the rights defense force capability and State security.
CHAPTER III article 5 in terms of MOBILIZATION of all or most of the territory of the Republic of Indonesia in a State of danger, the President can declare a mobilization.

Article 6 Mobilization applies to: a. a citizen including:. 1), a member of the people Trained;

2) member of the protection of the community;

3) necessary because of his expertise;
.,, b. natural resources, artificial, as well as the resources and infrastructure of the national State-owned, private, and individuals including the personnel mengawakinya.
Chapter 7.,, (1) every citizen as referred to in article 6 is obligated to meet the call for mobilization.
.,, (2) every owner and/or person in charge of natural resources, artificial, as well as resource and infrastructure necessary for the purposes of national mobilization of its utility to submit mandatory mobilization.
.,, (3) to help smooth the implementation of the activities referred to in paragraph (1) and paragraph (2), the implementing bodies may be formed.
Article 8.,, (1) to obtain effectiveness and outcomes for efforts to defence and security, then:.,,.,, a. mobilization against the nationals referred to in the article 6 letter a is implemented through the screening;
.,, b. mobilization to natural resources, resources, as well as national and infrastructure referred to in article 6 letter b carried out by remaining attentive to the interests of the welfare of the people.
.,, (2) to help smooth the implementation of the activities referred to in paragraph (1), the implementing bodies may be formed.
.,, (3) further Provisions on the implementation of mobilization as referred to in paragraph (1) and paragraph (2) is set by government regulations.
Article 9.,, (1) the citizens who elected the mandatory filtering in the following education and training.
.,, (2) successful citizens in following education and/or training set as mobilisan.
., Mobilisan, (3) can be tasked with doing the popular resistance armed or unarmed popular resistance.
.,, (4) the period of the assignment mobilisan assignment tailored to the soldiers of the armed forces of the Republic of Indonesia.
.,, (5) further Provisions about education and training, determination, organizing, and the assignment referred to in subsection (1), subsection (2), subsection (3), and subsection (4) is set by the Government.
Section 10.,, (1) Calls, filtering, and the establishment of the implementing agency to undergo mobilization, as well as the preparation of other molbilisasi organized by the Minister.

.,, (2) education and training, assignment, assignment, and organizing, as well as other mobilization preparations of activities organized by the Commander.
.,, (3) further Provisions about organizing as referred to in paragraph (1) and paragraph (2) is set by government regulations.
Section 11.,, (1) to maximise operational capabilities sember, resources natural resources artificial, as well as a means of national infrastructures san used in mobilization, carried out through increased effectiveness.
.,, (2) further Provisions on the increase in effectiveness as mentioned in subsection (1) is set by government regulations.
Article 12.,, (1) every citizen prohibited from performing actions which led to her or others did not meet the call for mobilization.
.,, (2) any citizen of hokey pokey prohibited conduct which causes himself or any other person to avoid liability underwent mobilization.
.,, (3) every citizen of hokey pokey prohibited conduct which causes her or other people not to give up some or all of the goods or items necessary for the benefit of his mobilization.
Article 13 any person prohibited from giving or promising something to others, abuse of power or influence by force or by threat of violence, deception, or do encourage other people, not to undergo mobilization and/or not cede some or all of the goods or items necessary for the benefit of his mobilization.

Article 14 (1) every mobilisan got mobilisan treatments of the country.
.,, (2) further Provisions about treatments mobilisan as referred to in subsection (1) is set by government regulations.
Section 3.,, (1) any mobilisan that implement the armed popular resistance treated as Compulsory Servicemen, while the mobilisan do unarmed popular resistance treated like civil servants, in accordance with the provisions of the legislation which apply when:.,, a. fall, killed, or died;

b. declared missing in action;

c. pain and disability.
.,, (2) the provisions referred to in subsection (1) applies also for citizens who are currently undergoing training and education in order to mobilize.
Article 16 goods or objects belonging to the private or individual affected by mobilization are treated as belonging to the State and given treatments limited in accordance with the system of the construction material of the armed forces of the Republic of Indonesia.

Article 17 any form of tax levied upon goods or objects belonging to a private individual or for use in the service of mobilization charged to the State.

Article 18.,, (1) the determination of the citizens as mobilisan not cause a breakdown in the working relationship or a breakdown in education.
.,, (2) the assignment of goods or objects belonging to the private or individual affected by mobilization does not cause the disconnecting of ownership with the owners themselves.
.,, (3) further Provisions concerning employment relationships, education and ownership as intended in paragraph (1) and paragraph (2) is set by government regulations.
Article 19 Mobilisan that implement the armed popular resistance is subject to military law.

CHAPTER IV article 20 the President declared DEMOBILIZATION demobilization when the threat of harm to the unity and oneness of the nation as well as the survival of the nation and the State of the Republic of Indonesia can already be addressed.

Article 21 Demobilization organized in stages with priority to return to the Organization of the public tasks of governance and socio-economic life of the community.

Section 22 Mobilisan finished underwent mobilization was returned to its original function and status with set it as demobilisan.

Article 23 the goods or objects belonging to the State, the private sector, individuals, as well as national and infrastructure have been completed for the compulsory mobilization was returned to its original function and status.

Pasal 24.,, (1) Returns to the function and status of demobilization originally implemented within 3 (three) months after the enactment of the demobilization.
.,, (2) a refund of goods or objects are State-owned, private, individual members, as well as national and infrastructure have been completed for the mobilization is carried out within one (1) year after the enactment of demobilization.
.,, (3) further Provisions on the implementation of demobilisan and returns the goods or State-owned, private, individual members, as well as national and infrastructure referred to in paragraph (1) and paragraph (2) is set by government regulations.
Article 25.,, (1) to carry out demobilisan and retrieval of goods or objects are State-owned, private, individual members, as well as national and infrastructure to its original status, functions and implemented activities selection and separation.
.,, (2) as a follow-up to segregation and separation as referred to in paragraph (1), return and rehabilitation activities implemented.
.,, (3) Returns demobilisan as referred to in paragraph (2) could be preceded by administering education and training.
Article 26., Demobilisan, (1) who suffer from disabilities in order mobilization received rehabilitation.
.,, (2) further Provisions on the implementation of rehabilisasi as mentioned in subsection (1) is set by government regulations.
Article 27, Items (1), or a private individual or a property of an object that is destroyed, damaged, or lost due to the mobilization of the responsibility of the State and reimbursed by the State.
.,, (2) further Provisions on the responsibility of the State and the replacement of damaged goods as referred to in subsection (1) is set by government regulations.
Article 28.,, (1) the election, separation, assignment as demobilisan, and other preparatory activities organized by the Commander.
.,, (2) rehabilitation, education and training, returns, and other preparatory activities organized by the Minister.
.,, (3) provision of more about organizing the demobilization as referred to in paragraph (1) and paragraph (2) is set by government regulations.
Article 29 Demobilisan that has been carrying out the task of mobilization and utilization of the goods delivered owner or his mobilization to be awarded the honorary sign and/or honorary titles as Veterans of the Republic of Indonesia in accordance with the legislation in force.

CHAPTER V of the CRIMINAL PROVISIONS of article 30 are convicted with imprisonment of not longer than 8 (eight) years.,, a. any person who intentionally or due to negligence did not meet the mobilization calls referred to in article 7 paragraph (1);
.,, b. any person who intentionally or without valid reason not to give up some or all of the goods or items necessary for the benefit of his mobilization as referred to in article 7 paragraph (2);
.,, c. any person who deliberately makes himself or others did not meet the mobilization calls referred to in article 12 paragraph (1);
.,, d. every person who deliberately do the hokey pokey that caused her or other people avoid the mobilization as stipulated in article 12 paragraph (2);
.,, e. every one who commits Guile causing himself or others do not give up some or all of the goods or items necessary for the benefit of his mobilization as stipulated in article 12 paragraph (3);
.,, f. any person who deliberately causes a breakdown in the relationship of work or education as stipulated in article 18 paragraph (1).
Article 31 are convicted with imprisonment of not longer than 10 (ten) years of age, any person who violates the provisions as referred to in article 13.

Article 32.,, (1) are convicted with imprisonment not more than 5 (five) years, every official who abused his power by not implementing the demobilisan returns to its original status and functions as stipulated in article 24 paragraph (1).
.,, (2) are convicted with imprisonment of not longer than 2 (two) year 6 (six) months, any officials because kealpaannya does not implement demobilisan return to its original status and functions as stipulated in article 24 paragraph (1).
Article 33,, (1) are convicted with imprisonment of not longer than 8 (eight) years, every official who abused his power by not handing back the goods or items that have been used in the mobilization to the original owners as stipulated in article 24 paragraph (2).
.,, (2) are convicted with imprisonment of not longer than 4 (four) years, any officials because kealpaannya did not submit a return of goods or objects that have been used in the mobilization to the original owners as stipulated in article 24 paragraph (2).
CHAPTER VI FINANCE Article 34 Financing the Organization of mobilization and demobilization caused to the State in accordance with the provisions of the applicable legislation.

CHAPTER VII PROVISIONS COVER Article 35 by the time this law comes into force, law No. 14 of 1962 concerning the determination of the Replacement Government Regulations Act No. 1 in 1962 about the calling and the deployment of all citizens in the framework of a general Mobilization for the benefit of the security and Defense of the State (State Gazette No. 8 1962), widened the Act (State Gazette Number 64 in 1962, an additional Sheet of the Cruiser Number 2492) stated do not apply.

Article 36 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 October 3, 1997 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on October 3, 1997 MINISTER of STATE SECRETARY of STATE MOERDIONO of INDONESIA