Regulation Of The Minister Of Defence No. 9 By 2013

Original Language Title: Peraturan Menteri Pertahanan Nomor 9 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5178b4cd20a194313233353532.html

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Back NEWS REPUBLIC of INDONESIA No. 324, 2013 the MINISTRY of Defense. The law. Humaniter. Human Rights. Organizing The Defense Of The Country. The application of.

REGULATION of the MINISTER of DEFENCE of the REPUBLIC of INDONESIA number 09 2013 HUMANITER and APPLICATION of the LAW of HUMAN RIGHTS LAW in ORGANIZING the DEFENSE of the COUNTRY by the GRACE of GOD ALMIGHTY the DEFENSE MINISTER of the REPUBLIC of INDONESIA, Considering: a. that the conduct of the defence of the country aims to maintain and protect the sovereignty of the country, maintaining the territorial integrity of the Republic of Indonesia, the unity of the Country and the safety of all Nations from any form of threat of good that comes from domestic and abroad;
b. that to meet the needs of the Ministry of National Defense and the army of Indonesia in organizing the defense of the country in accordance with the provisions of law Humaniter and human rights law need to be made in the regulations of the Minister;
c. that the decision of the Minister of defence number: KEP/4/M/II/2002 dated 13 February 2002 concerning the implementation of the law and the law of Humaniter human rights in organizing the defense of the country does not comply again with the development of the legislation so that needs to be replaced;
d. that based on considerations as referred to in letter a, letter b, letter c, and need to set the rules of application of law about defence Minister Humaniter And human rights law in organizing the defense of the State;
Remember: 1. Act No. 3 of 2002 on State Defense (Gazette of the Republic of Indonesia Year 2002 number 3, an additional Sheet of the Republic of Indonesia Number 4169);
2. Act No. 34 of 2004 about the Indonesia National Army (the State Gazette of the Republic of Indonesia Number 127 in 2004, an additional Sheet of the Republic of Indonesia Number 4439);
3. Presidential regulation Number 23 in 2011 about the national action plan for human rights – 2011, 2014;
Decide: define: REGULATION of the MINISTER of DEFENCE REGARDING the APPLICATION of the LAW and the LAW of HUMANITER HUMAN RIGHTS in ORGANIZING the DEFENSE of the country.
Article 1 In regulation of the Minister, that is: 1. International Law Humaniter hereinafter referred to as the Basic Law is a whole Humaniter, rules and provisions of international both written and unwritten laws of war and that includes human rights, aims to guarantee respect for the dignity and the dignity of the person.
2. Human Rights hereinafter abbreviated to HAM is a set of rights which is inherent in the nature of human existence as beings and God Almighty and his grace is required high esteem respected, and protected by the State, the law, Government, and any person for the sake of honor and dignity and the protection of human dignity.
3. Defense of the country is any effort to defend the country's sovereignty, territorial integrity of the Republic of Indonesia, the unity of the Country and the safety of the whole nation from threats and disruption of the integrity of the nation and the State.
4. Organizing the defense of the country is to carry out all activities of the country's defense policy.
5. the Ministry of defence was implementing the Government's functions in the field of Defense.
6. Indonesia is the INDONESIAN national army 7.  The Minister is the Minister of the organizing Affairs of the Government in the field of Defense.
8. The Commander of the TNI Commander is hereinafter referred to high military officers who led the TNI.
9. The soldier is a member of the Indonesia national army.
Article 2 (1) of the regulation the Minister is intended as a general policy the application of the law and HUMAN RIGHTS Law Humaniter in organizing the defense of the country.
(2) the Minister of Defense Policy in implementing the law and HUMAN RIGHTS Law Humaniter as referred to in paragraph (1) as follows: a. that all personnel of the Defense Ministry and TNI have the same perceptions regarding the application of the law and HUMAN RIGHTS Law Humaniter;
b. in order to make enforcement programs Humaniter and enforcement of HAM in the execution of the duties of BATTALION 745 can run effectively and efficiently; and c.  so the strategy of application of the law and HUMAN RIGHTS Law Humaniter easily understood soldiers or commanders.
Article 3 application of the law should be implemented in accordance with Humaniter principles: a. humanitarian (Humanity);

b. interests of the military (Military Necessity);

c. unnecessary suffering (our Suffering Unnecessary);

d. balance (Proporsionality); and e. a distinction (Distinction).

Article 4 (1) each of the Defense Ministry and TNI personnel obliged to comply with the provisions of law Humaniter and human rights as set forth in the legislation.
(2) each of the Defense Ministry and TNI personnel who do not comply with the provisions referred to in subsection (1) is subject to the sanction in accordance with the provisions of the legislation.
Article 5 Legal Humaniter as stipulated in article 2 include the following: a. the Convention-the Hague Convention is produced in 2 (two) international peace conference in 1899 and 1907;
b. the 1949 Geneva Conventions which have been ratified by Act No. 59 of 1958 about the State of the Republic of Indonesia to participate in the entire Geneva Convention dated 12 August 1949, which consists of: 1. The Geneva Conventions I about improvements to the condition of the wounded and sick Soldiers in the fighting Ashore;

2. Geneva Convention II of improvements to the condition of the wounded Soldiers, sick and victims of the Shipwreck in the sea;

3. The Geneva Conventions III about the treatment of prisoners of war; and 4. The IV Geneva Convention on the protection of Civilian Persons in Time of war.
c. San Remo Manual of the law of war at sea (San Remo Manual on International Law Applicable to Armed Conflicts at Sea) 1994;
d. Guidelines for military Manuals and instructions on the protection of the environment In time of 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 the prohibition of the use, Stockpiling, production and Transfer of Anti-Personnel Landmines and Pemusnahannya in 1999 (Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and On Their Destruction) that have been enacted with Act No. 20 of 2006; and f.  International Customs laws i.e. Convention-International Convention on the law of Humaniter accepted as law and applied by the international community.
Article 6 (1) of the law of HUMAN RIGHTS as referred to in article 2 include laws that are set in the various national legislation including a Convention or Covenant on HUMAN RIGHTS and are universal and internationally that have been ratified.
(2) a Convention or Covenant on HUMAN RIGHTS and are universal and internationally that has been ratified as mentioned in subsection (1), including the following: a. the International Covenant on Civil Political Rights (ICCPR);

b. International Covenant on social, economic, social and cultural;

c. International Covenant on the Elimination of all forms of racial discrimination of 1965;
d. the Covenant on the Elimination of all forms of discrimination against women (CEDAW) in 1981;
e. Convention Against Torture, degrading treatment or Punishment to other cruel, inhuman, and Degrading (CAT) in 1984;
f. Convention on the rights of the child (Convention on the Rights of the Child) in 1990;
g. United Nations Resolution Number 34/169 in 1988 about Ethics to behave for law enforcement (Code of Conduct for Law Enforcement);
h. United Nations Resolution Number 43/174 in 1988 about the principle of the protection of All people in any form of detention or Imprisonment;
i. General Assembly resolution United Nations Number 37/194 in 1982 on the principles of Medical Ethics in protecting Detainees;
a. General Assembly resolution United Nations Number 45/110 in 1990 about the Regulatory Minimum standards for Detention of Non Action (Tokyo “ Rule ”);
k. Minimum Standard Rules of the United Nations in 1985 for the implementation of the judiciary;
b.  Declaration on the principles of Justice for Victims of crime and abuse of the authority of 1985;
d. the Declaration on the Elimination of violence against women of 1993;
n. Declaration of Defenders in 1989;
o. the prevention and investigation of effective against the execution of death penalty outside of the legal process, arbitrary and summary condemnation (1989/65, May 1989);
p. Universal guidelines for restoration of Rights of victims of human rights violations is heavy (United Nation Prinsiple and Basic Guidelines on the Rights to a Remedy and Reparation for Victims of Violations of Basic International Human Rights Law and Serious Violation of International Humanitarian Law) 2005;
q. the basic principles of the United Nations on the use of force and Firearms by law enforcement officials (United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement) in 1980; and r.  The Optional Protocol to the Convention on the rights of the child On the involvement of children in armed conflict 2000 (Optional Protocol to the Convention on The Rights of the Child on the Involvement of Children in Armed Conflict) that have been enacted with the legislation of the Republic of Indonesia number 9 in 2012.
Article 7 application of the law and human rights in an environment of Humaniter Defense Ministry implemented through: a. the product of Strategic Defense Ministry;

b. education; and c. training.

Article 8 (1) the application of the law and human rights in an environment of Humaniter TNI implemented in the construction and use of force by INDONESIAN ARMED FORCES.
(2) application of the law and human rights in coaching Humaniter force TNI as intended in paragraph (1) was carried out through: a. the doctrine;

b. education; and c. training.

(3) application of the law in the exercise of the power of TNI Humaniter referred to in subsection (1) is carried out in: a. the military operations of the war (OMP); and b.  Military operations other than war (OMSP) which includes: 1. the operation of addressing the armed separatist movement;

2. the operation of armed insurgency grips;

3. operation resolve action of terrorism; and 4. carry out the task of world peace.
(4) application of the law of HUMAN RIGHTS in the use of force by INDONESIAN ARMED FORCES referred to in subsection (1) is carried out in: a. the military operations of the war (OMP); and b. military operations other than war (OMSP) (5) the provisions regarding the application of the law further Humaniter and HAM in the construction and use of force by INDONESIAN ARMED FORCES referred to in subsection (1) subject to the regulations of the TNI Commander.
Article 9 at the time of this ministerial regulation came into force, all the rules of implementation regarding the application of the law and human rights in an environment of Humaniter Defense Ministry and TNI have stated remains valid along does not contradict or have not changed based on ministerial regulation.

Article 10 at the time of this Ministerial Regulation entered into force, the decision of the Minister of defence number: KEP/4/M/II/2002 dated 13 February 2002 concerning the implementation of the law and the law of Humaniter human rights in organizing the defense of the State, revoked and declared inapplicable.

Article 11 of the regulation implementation of this ministerial regulation set the longest one (1) year after the enactment of this regulation of the Minister.

Article 12 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on 20 February 2013, DEFENSE MINISTER PURNOMO YUSGIANTORO, INDONESIA Enacted in Jakarta on February 25, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();