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Regulation Of The Minister Of Defence No. 9 By 2013

Original Language Title: Peraturan Menteri Pertahanan Nomor 9 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 324, 2013 MINISTRY OF DEFENSE. The law. Humanitarians. Human Rights. State Defense, Application.


DEFENSE MINISTER REGULATION OF THE REPUBLIC OF INDONESIA
Number 09 YEAR 2013
ABOUT
THE APPLICATION OF HUMANITARIAN LAW AND THE LAW OF HUMAN RIGHTS IN THE HOLDING OF STATE DEFENSE
BY THE GRACE OF THE ALMIGHTY GOD
DEFENSE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.   That the holding of the country's defense is to preserve and protect the sovereignty of the country, maintain the integrity of the territory of the Republic of Indonesia, and the salvation of all nations of all forms of good threats coming from within. country and abroad;
B.   that to meet the needs of the Indonesian Ministry of Defence and the Indonesian National Army in the holding of the country ' s defense in accordance with the provisions of the Humaniter Law and Human Rights Law needs to be made in the Regulation of Ministers
c. that the Decree of the Minister of Defense Number: KEP/02/M/II/2002 dated February 13, 2002 on the application of the humanitarian law and the laws of human rights in the holding of the State Defense is no longer in compliance with the development of regulations. That needs to be replaced.
D.   that based on the consideration of the letter a, the letter b, and the letter c, need to establish the Defense Minister's Regulation on the application of the humanitarian law and the law of the human rights in the holding of the State Defense;

Given: 1.   Law Number 3 Year 2002 on State Defense (State Sheet Indonesia 2002 Number 3, Additional Gazette Republic of Indonesia Number 4169);
2. Act No. 34 of 2004 on the Indonesian National Army (Indonesian Republic of Indonesia Year 2004 Number 127, Additional Gazette of the Republic of Indonesia No. 4439);
3. Presidential Regulation No. 23 of 2011 on the Human Rights National Action Plan 2011 – 2014;

DECIDED:

Set: A DEFENSE MINISTER ' S REGULATION ON THE APPLICATION OF HUMANITARIAN LAW AND THE LAW OF HUMAN RIGHTS IN THE HOLDING OF STATE DEFENSE.

Article 1
In this Minister ' s Rule, which is referred to:
1. The International Humaniter Law, called the Humaniter Law, is an entire principle, the international rules and provisions both written and unwritten, which include the laws of war and human rights, aim to ensure that the laws of the United States are the same. A tribute to a person's dignity and dignity.
2. Human rights that are next abbreviated to human rights are a set of rights attached to the nature and existence of man as the creatures of the Almighty God and are his obliged to be honored, held in high esteem and protected by the state, laws, governments, and every person for honor and protection of the harkat and human dignity.
3. State Defence is any attempt to maintain the sovereignty of the country, the territorial integrity of the Republic of Indonesia, and the safety of all nations from threats and interruption to the nation and the state.
4. The country 's defense is all activities to carry out the country' s defense policy.
5. Ministry of Defence is the executor of government functions in the field of defense.
6. TNI is the Indonesian National Army
7. The Minister is the minister who organizes government affairs in the field of defence.
8. Commander-in-chief of the TNI, the commander of the army, is the commander of the military.
9. Soldiers are members of the Indonesian National Army.

Article 2
(1) The Ordinance of the Minister is intended as a general policy of the application of the Humanitarian Law and Human Rights Law in the holding of state defense.
(2) The Defence Minister ' s policy in the holding of the Humaniter Law and Human Rights Law as referred to in paragraph (1) as follows:
a.   In order for all personnel of the Ministry of Defense and the TNI to have a similar perception of the application of the Humanitarian Law and Human Rights
B.   In order for the program to be used in the implementation of the task force in order to be effective and efficient; and
c. in order for the application of the application of the Humaniter Law and Human Rights Law to be easily understood by soldiers

Article 3
The application of the Humaniter Law should be implemented according to the principle:
a. humanity (Humanity);
B. Military interests (Military Necessity);
c. Suffering suffering (Unnecessary Suffering);
D. balance (Proporsionality); and
e. distinction (Distinction).

Section 4
(1) Any personnel of the Ministry of Defense and the TNI are required to comply with the provisions of the Humaniter Law and human rights as set out in the laws.
(2) Any personnel of the Ministry of Defence and TNI who do not comply with the provisions as referred to in paragraph (1) are sanctioned in accordance with the provisions of the laws.

Section 5
The Humaniter law as referred to in Article 2 includes:
a.   The Hague Conventions were produced in 2 (two) International Peace conferences in 1899 and 1907;
b. of the Geneva Conventions of 1949 which have been ratified with the Law No. 59 of 1958 on participating in the State of the Republic of Indonesia in the entire Geneva Conventions of 12 August 1949, consisting of:
1. Geneva Conventions I about the Improvement of the Condition of the Wounded and Sick Soldiers in the Battle of the Land;
2. Geneva II Convention on the Improvement of the Condition of the Wounded Soldier, Sick and Victims of the Karam Ship in the Sea;
3. Geneva III Convention on the Treatment of Prisoner of War; and
4. The Geneva IV Convention on the Protection of Civilian Persons at the Time of War.
c. San Remo Manual on the Law of War in the Sea (San Remo Manual on International Law Applicable to Armed Conflicts at Sea) 1994;
d. Guidelines and Manual Instructions for the Military on Environmental Protection At the Time of the Armed Conflict (Guidelines for Military Manuals and Instructions on the Protection of the Environment in Time of Armed Conflict) ICRC/UNGA 1994;
e. Convention on Banning Use, Stockpiling, Production and Transfer of Anti-Personnel Land Mines and Disorders of the Year 1999 (Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and On Their Destruction ) which has been passed with Act Number 20 of the Year 2006; and
F. International Customs Law is the international conventions on the Humaniter Law which has been accepted as law and applied by the international community.

Section 6
(1) Human Rights Law as referred to in Article 2 includes laws set out in various national laws including conventions or commentaries on human rights and are universal and international that have been ratified.
(2) Convention or commentaries on human rights and are universal and international that have been ratified as referred to in paragraph (1), among them:
a.   International Covenan on Political Civil Rights (ICCPR);
B.   International Covenan on Social Economic, Social and Cultural Rights;
C.   International Covenants On The Elimination Of All Forms Of Racial Discrimination In 1965;
D.   Covenan on the Elimination of All Forms of Discrimination Against Women (CEDAW) In 1981;
e.   The Convention Against Torture, Treatment or Punishment of Other Cruel, Inhumane, And Degrading Dignity (CAT) In 1984;
f.   Child Rights Convention (Convention on the Rights of Child) in 1990;
G.   United Nations Resolution 34/169 of 1988 on Ethical Conduct for Law Enforcement (Code of Conduct for Law Enforcement);
h.   United Nations Resolution 43/174 of 1988 on the Principles of the Protection of All Persons in All Forms of Detention or Disjarment;
i.   United Nations General Assembly Resolution 37/194 of the Year 1982 on the Principles of Medical Ethics in Protecting the Prisoner;
J.   United Nations General Assembly Resolution 45/110 of 1990 on the Minimum Standard Regulation for Non-Incarceration Measures (“Tokyo Rule”);
No,   United Nations Minimum Standard Regulation of the Year 1985 for the Implementation of the Children's Justice;
I.   Declaration of the Principles of Justice for Victims of Crime and Abuse of the Authority of the Year of 1985;
M.   Declaration on the Elimination of Violence Against Women of 1993;
N.   Human Rights Defenders Declaration of 1989;
O.   Prevention and Effective Investigation of the Execution Of Death Penalty outside the Legal, Arbitrary and Sumir Processes (1989/65, May 1989);
p.   Universal Guidelines for the Restoration of the Victims of the Rights to a Remedy and Guidelines on the Rights to a Remedy and Reparation for Victims of Basic Violations of International Human Rights Law and Serious Violation of the Human Rights International Humanitarian Law) 2005;
Q.   United Nations Basic Principles on the Use of Power and Firearms by the Law Enforcement Administration (United Nation Basic Principles on the Use of Force and Firearms by Law Enforcement) 1980; and
R.   Optional Protocol of Child Rights Convention on Child Involvement in the Armed Conflict of the Year 2000 (Optional Protocol to the Convention on The Rights of the Child on the Involvement of Children in Armed Conflict) which has been passed with Act of the Republic of Indonesia Number 9 of 2012.

Section 7
The application of humanitarians and human rights laws in the Ministry of Defence environment is implemented through:
a. Ministry of Defense strategic products;
B. education; and
C. training.

Section 8
(1) The Application of Humaniter Law and Human Rights in the Indonesian Armed Forces is exercised in the coaching and use of the forces of the TNI.
(2) The Application of the Humaniter Law and human rights in the coaching of the forces of the TNI as referred to in paragraph (1) is exercised through:
a. doctrine;
B. education; and
C. Training.
(3) The Application of the Humaniter Law in the use of the Indonesian military force as referred to in paragraph (1) is exercised in:
a.   War Military Operations (OMP); and
B.   Military Operations In addition to the War (OMSP) which includes:
1. operation tackle armed separatist movement;
2. Operation tackle armed rebellion;
3. The operation overcome the act of terrorism; and
4. Carry out world peace duties.
(4) The Application of Human Rights Law in the use of the Indonesian military force as referred to in paragraph (1) is exercised in:
a. War Military Operations (OMP); and
B. Military Operations Other Than War (OMSP)
(5) The further provisions of the application of the Humaniter's Law and human rights in the coaching and use of the forces of the TNI as referred to in verse (1) are governed by the Ordinance of the Armed Forces.

Section 9
At the time the Minister ' s Ordinance came into effect, all the rules of implementation regarding the application of the Humaniter Law and human rights in the Ministry of Defense and the Indonesian environment have been declared to remain in effect as long as not contradictory or not replaced under this Minister ' s Rule.

Article 10
At the time the Minister's Ordinance came into effect, the Decree of the Minister of Defense Number: KEP/02/M/II/2002 dated February 13, 2002 on the Implementation of the Humaniter Law and the Law on Human Rights In the Defense of the State, revoked and declared not applicable.

Section 11
The enforcement regulations of this Regulation Minister are set at most 1 (one) years since the enactment of this Minister ' s Regulation.

Article 12
The Regulation of the Minister comes into effect on the date of the promulctest.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on February 20, 2013
DEFENSE MINISTER
REPUBLIC OF INDONESIA,

YUSGIANTORO PURNOMO

It is promulred in Jakarta
on 25 February 2013
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN