SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 17, 1997 | (Explanation in Additional Page Of The Republic Of Indonesia 3673) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 7 YEAR 1997
ABOUT
UNITED NATIONS CONVENTION ATTESTATION
AGAINTS ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, 1988
(UNITED NATIONS CONVENTION ON
THE ERADICATION OF THE DARK CIRCULATION OF NARCOTICS AND PSYCHOTROPIC, 1988)
WITH THE GRACE OF THE ALMIGHTY GOD,
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that national development aims to realize a fair and prosperous society that is equally materiel and spiritually based on Pancasila and the Constitution of the Constitution of 1945 in the vessel of the Unitary Republic of the Republic of Indonesia, united, sovereign, And sovereignty of the people in a nation's environment of safe, peaceful, orderly, and dynamic in the society of an independent, fair, friendly, orderly, and peaceful world;
., b. that to ensure the purpose of the national development, efforts are to be carried out on a continual level of security and order and in the field of people's welfare by providing special attention to the dangers and abuse of the people. narcotics, psychotropic, and other addictive substances;
., c. that the misuse and circulation of illicit narcotics and psychotropic may threaten the lives of individuals, national resilience, nation, and state of Indonesia and is a common malade facing the nations and countries of the world. must be masterminating and eradicated together in the form of law enforcement efforts, both on national and international scale through bilateral, regional or multilateral cooperation;
., d. that the United Nations Convention on the Eradication Of The Dark Circulation Of Narcotics And Psychotropic, 1988 constitutes an affirmation and refinement of the principles and provisions that have been set up in the 1961 Narcotic Single Convention. As well as the 1972 Protocol that transformed the 1961 Narcotics Single Convention, as well as the 1971 Psychicotropic Convention, thus becoming a more effective means of eradiusing the dark circulation of narcotics and psychotropic work;
., e. that the Government of the Republic of Indonesia is looking to need to be together with other members of the world society actively taking part in an attempt to eradicate the dark circulation of narcotics and psychotropic, therefore having signed the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (United Nations Convention on the Eradication Of Illicit Narcotics and Psychotropic, 1988) in Vienna, Austria on 27 March 1989 and has also been Ratify the 1961 Narcotics Single Convention with Law No. 8 1976 and the Convention of Psychiatcotropic 1971, under Law No. 8 of 1996, and the Act No. 9 of the Year 1976 on Narcotics;
., f. that based on consideration as referred to in letters a, b, c, d, and e is seen to be required to pass the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (United Nations Convention) about the eradication of the Dark Circular Narcotics and Psychotropic Substances, 1988) with the undrailing.
.,, Given: Section 5 of the paragraph (1) of Article 11, and Section 20 of the paragraph (1) of the Basic Law of 1945;
With the approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
.,, SET: LEGISLATION ON THE PASSAGE OF THE UNITED NATION CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, 1988 (UNITED NATIONS CONVENTION ON THE ERADICATION OF THE DARK CIRCULATION OF NARCOTICS AND PSYCHOTROPIC, 1988).
Section 1
Passing United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (United Nations Convention on the Eradication Of Illicit Narcotics of Narcotic and Psychotropic, 1988) with Reservation (Requirements) against Section 32 of the paragraph (2) and the paragraph (3) of the complete sound of the Requirements in Inggeris and its translation in Indonesian as well as a copy of the original United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (United Nations Convention on Eradication The Illicit Circulation Narcotics and Psychiatcotropic, 1988) in English as well as the translation in Indonesian as attached, is an inseparable part of the Act.
Section 2
This law goes into effect on the promulgated date.
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.
.,, Dislocated in Jakarta
on March 24, 1997
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUHARTO
Promulgated in Jakarta
on March 24, 1997
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA,
MOERDINO
ADDITIONAL
STATE SHEET RI
| No. 3673 | (Explanation Of 1997 State Sheet Number 17) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 7 YEAR 1997
ABOUT
UNITED NATIONS CONVENTION ATTESTATION
AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, 1988
(UNITED NATIONS CONVENTION
ABOUT THE ERADICATION OF THE DARK CIRCULATION OF NARCOTICS AND PSYCHOTROPIC, 1988)
UMUM
.,, the Indonesian ideals as listed in the Opening of the Constitution of 1945 are to protect the whole nation of Indonesia and all the blood of Indonesia and to advance the common welfare, divorce the lives of the nation, and follow. Exercise a world order based on eternal independence, and social justice.
., to achieve these ideals and maintain national development in a safe, orderly, orderly, and dynamic atmosphere both in national and international environments, need to be enhanced by bending over the things that can It interferes with the national stability between the abuse and the dark circulation of narcotics and psychotropic work.
.,, in anticipation of such disruption and threats, Indonesia participated in the efforts to enhance cooperation between countries in order to realize the welfare of the people, by paying special attention to the misuse of narcotics, psychotropic, and other addictive substances, by not ignoring its benefits in the field of medicine and science.
.,, the Indonesian community even the people of the world at its people, are currently being confronted with a very alarming state due to the increasingly unauthorised use of various narcotic and psychotropic substances.
., these concerns are further sharper due to the widespread black circulation of narcotics and psychotropic which has been widespread in all walks of society, including among the younger generation. This will be very influential towards the lives of the nation and the next country, as the younger generation is the successor to the ideals of the nation and country in the future.
.,, an increase in the black circulation of narcotics and pricotropic is not independent of the activities of national trans-national crime organizations operating in various countries within an international crime network. Because of the enormous advantage, the crime organization is attempting to maintain and redevelop the illicit and illegal circulatory efforts of narcotics and psychotropic by infiltrating, interfering with, and damaging structures. Legitimate government, trade, and financial ventures and influential groups in society.
.,, to address the problem, has been held various international activities including conferences that have been held well under the League of Nations and under the auspices of the United Nations. Beginning with the efforts of the League of Nations in 1909 in Shanghai, China has been interrupted by a trial which speaks of the ways of the illicit trade of the drug. Next on the Opium Commission (Opium Commission) trial has resulted in the first treaty on the surveillance of the drug, the International Opium Convention (the International Convention on Opium) in The Hague, Netherlands in 1912.
.,, Under the United Nations nauangan, has produced Single Convention on Narcotic Drugs, 1961 (Narcotic Single Convention 1961) in New York, United States on March 30, 1961, and has been amended with the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961 (1972 protocol on the Change of the Single Convention on Drugs 1961) and Convention on Psychotropic Substances, 1971 (Psychotropic Convention 1971) in Vienna, Austria on March 25, 1972, and the last is United Nations Convention Againts Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (United Nations Convention on the eradication of the Dark Circular Narcotics and Psychotropic 1988).
., in this case, Indonesia has ratified the 1961 Narcotics Single Convention as well as its Protocols with Law No. 8 of 1976 and the 1971 Psychiatcotropic Convention with Law No. 8 of 1996, as well as forming the Law Number 9 Year 1976 on Narcotics.
., on the way with the ideals of the nation above, and the commitment of the Government and the people to be actively taking part in every effort to eradicate the abuse and the black circulation of narcotics and psychotropic, Indonesia sees the need to ratify United Nations Convention Against Illicit Praffic in Narcotic Drugs and Psychotropic Substances, 1988 (United Nations Convention on the Eradication Of Illicit Circulation Of Narcotics And Psychotropic Substances, 1988) with Law. This legislation would provide a stronger legal basis for taking steps in the process of preventing and abusing the abuse and circulation of illicit drugs and psychotropic work.
MIND POINTS
WHICH PROMPTED THE BIRTH OF THE CONVENTION
., driven by a deep sense of concern over the increasing production, demand, abuse and circulation of illicit narcotics and psychotropic and the fact that children and adolescents are used as a marketplace of narcotics and psychotropic drugs. In the dark, as well as the target of production, distribution, and the dark trade of narcotics and psychotropic, has led to the establishment of the United Nations Convention on the Eradication of Narcotics and Psychotropic Drugs, 1988. The convention in its entirety contains the subjects of the mind, among others, as follows:
., 1. The people of nations and countries in the world need to provide attention and priority over the problem of eradicating the dark circulation of narcotics and psychotropic.
., 2. The eradication of the dark circulation of narcotics and psychotropic is the problem of all the countries that need to be dealt with together anyway.
., 3. The provisions set out in the 1961 Narcotics Single Convention, the 1972 protocol on the changes to the 1961 Narcotics Single Convention, and the 1971 Psychiatcotropic Convention, need to be assertive and refined as a legal means to prevent and eradicate Black and psychotropic circulatory.
., 4. The need to improve and enhance the more effective means of law in the framework of international cooperation to eradicate transnational crime organizations in the illicit circulation of narcotics and psychotropic work.
THE UNDERLYING CONTENT OF THE CONVENTION
1. Scope Scope Room
.,
.,, the Convention aims to enhance more effective international cooperation against the various aspects of the black circulation of narcotics and psychotropic. For such purposes, the parties will align the laws and procedures of their respective administration according to the Convention by not ignoring the common principles of sovereignty, territorial integrity, and the principle of not interfering with the affairs of the law. Which is a matter in their own land.
2. Crime and Sanctions
.,
.,, without ignoring the principles of each law, the States of the Parties of the Convention will take action that needs to establish as a crime of every black circulation of narcotics and psychotropic, the definition of circulation covers a variety of activities from the beginning once, i.e. from planting, production, channing, traffic, circulation, up to the wearer, including for personal use.
., against the crime above, may be charged with imprisonment or the form of an appropriation of independence, fines and seizure of assets as far as can be proven as a result of the crime. In addition, the culprit can be subjected to coaching, purnarawat, rehabilitation, or social reintegration.
.,, the parties guarantee that judicial institutions and other authorized officials who have jurisdiction can consider the real state of the crime as referred to in Article 3 of the paragraph (1), constitutes a serious crime, such as:
., a., a. involvement in the crimes of the organized crime group whose culprit is as a member;
., b. engagement of the perpetrator in other organized crime activities internationally;
., c. complicity in deeds against other laws that the crime has been easy to do;
D. the use of violence or firearms by the perpetrator;
., e. Crimes committed by civil servants and such crimes are related to his jabs;
., f. making children as victims or using children to commit crimes;
., g. Crimes committed in or around correctional institutions, educational institutions, social services institutions, or other places of school children or students gather to conduct educational, sports and social activities activities;
., h. before dropping criminal sanctions, in particular a repeat of similar crimes committed, both inside and abroad throughout the crime can be reached by the respective national laws of the Party;
.,, the crimes referred to in the Convention are the types of crimes that, according to the national legal system of the state, are considered to be acts of crime that can be prosecuted and convicted.
3. Jurisdiction
.,
.,, the State must take the act of jurisdiction against the various crimes committed by the perpetrator or suspect as referred to in Article 3 of the paragraph (1) Convention, whether against the crimes committed in the region, on the ship or in the The country's air craft, either by its citizens or by the person residing in the region.
., each of the parties must take also action if it is necessary to establish jurisdiction over the crime as referred to in Article 3 of the paragraph (1), if the perpetrator of the perpetrator is in its territory and not be exasperated to the The other party.
4. Satisfaction
.,
.,, the Parties may seize narcotics and psychotropic, the materials and other equipment that are the result of the crime as referred to in Article 3 of the paragraph (1) of the Convention.
.,, a judicial institution or authorized official of the State of the Authorities to inspect or confiscate bank records, finances or the trade of Officers or bodies required to show such records cannot refuse it for a reason Bank confidentiality.
.,, unless it can be proven otherwise, the whole wealth as a result of evil can be deprived. If the result of the crime has been mixed with the wealth of a legitimate source, then the seizure is only subject to the value of an estimated value of the crime. Nevertheless, the seizure can only be valid once it is governed by the national law of the State of the Party.
5. Extradition
.,
.,, the Crime as referred to in Article 3 of the paragraph (1) of this Convention includes crimes that can be expropriated in an extradition treaty held between the Parties.
., if the Parties do not have an extradition treaty, then the Convention can be used as the basis for an extradition law for crimes that are included in the purview of this section.
6. The Help of the Timbal Law
.,
., the parties will provide mutual legal assistance in the investigation, prosecution, and proceedings of the proceedings relating to the crime as referred to in Article 3 of the paragraph (1) of this Convention.
.,, reciprocity of reciprocity can be requested for the purposes:
a. taking evidence tools or statements from people;
B. provide legal document service;
c. conduct search and seizure;
D. inspect objects and locations;
e. provide evidence and evidence tools;
., f. provide original documents or copies of the relevant documents passed and its records, including bank records, finance, company, or trade; or
., g. identify or track the outcome of crime, wealth, supplies or other objects for proof of proof;
7. Event Process Disservice
.,
., it is possible for the State of the Party to divert the event process from country one to another, if the diversion of the event process is viewed as necessary for better judicial conduct.
8. Cooperation Enhancers of Law Enforcement
.,
.,, the Parties must cooperate closely, in accordance with their respective legal systems and administrative systems, in order to effectively increase the enforcement action to eradicate the crime as referred to in Article 3 of the paragraph. (1) This Convention, among other things:
., a., a. Create and maintain communication lines between agencies and their respective services, to facilitate the exchange of information;
., b. intercooperation in conducting an examination related to the crime as referred to in Article 3 of the paragraph (1) of this Convention;
c. forming a joint team;
D. provide the materials necessary for analysis or inquiry;
., e. hold a special training program for law enforcement personnel or other personnel including customs tasked with eradiusing such crimes in Article 3 of the paragraph (1) of this Convention; and
., f. plan and execute research and development programs designed to enhance expertise.
9. International Oganization Cooperation and Assistance for the Transit Nation
.,
.,, the parties must cooperate directly or through the international or regional organizations that are authorized to assist and support transit countries, in particular developing countries, which require assistance through a program of engineering cooperation. Preventing crime and other related activities.
10. Surrender of the Waters
.,
., For the purposes of identifying the persons involved in the crime as referred to in Section 3 of the paragraph (1) of this Convention, the Parties may take a variety of measures that need to be within limits of its ability to use the submission. supervised (controlled delivery) at an international level under the Agreement or Set-up agreed upon by each party, as long as it does not conflict with its national legal system.
.,, the decision using the supervised handover is done in case by case. A black shipment that is supervised by the authorities has been approved, for the consent of the parties concerned, to be examined, and allowed to pass by allowing the narcotics or psychotropic remains intact, removed or replaced entirely or otherwise. Some.
., 11. Materials are often used in the making of Dark Narcotic and Psychotropic substances.
.,
.,, the Report was delivered to the Parties and the Commission through the Secretary General to get a response.
.,, Based on those responses, through cooperation, the Parties must take the necessary measures in preventing the misuse of the ingredients that included the Table I and the II.
., 12. The destruction of the Dark Plant Narcotics and the Encolation of the Dark Demand of narcotics and psychotropic substances
.,
.,, in this Convention, it is determined that the Parties must take appropriate measures to prevent the dark planting and eradicate the crops containing narcotics and psychotropic plants planted within their respective domains, as well as in the United States. Encouraging cooperation to increase the effectiveness of the extermination includes integrated village coaching support that leads to better economic alternative coaching rather than doing the plant's dark planting. The parties also need to streamline scientific exchange, engineering, and conduct of research.
13. Commercial Transport
.,
.,, in relation to commercial transport, the Convention requires the Parties to take the necessary measures to ensure that commercial transport is not used to commit crimes as referred to in Article 3 of the paragraph (1) and taking precautions and safeguards as well as holding cooperation among the authorities and customs officials.
., 14. Trade documents and installations of the Export Label Export Document such as invoices, cargo loads, customs documents, transport letters, and other shipping and the installation of documented drug and drug export labels Well done. In the export label it must be listed as narcotics and psychotropic names, the number of execs as well as the name and address of the exporter and importer.
15. Dark Traffic through the Sea
.,
., within the Convention it is determined that the Parties must team up to eradicate the dark traffic through the sea in accordance with international maritime law on the terms of the agreement between the Parties, Flag States may give permission to the The country of the inta for, inter alia, enters and inspets the ship as well as taking the necessary action regarding the ship, the person and the charge on the ship, if it is shown to be involved in the dark circulation.
.,, such actions may only be carried out by warships or military aircraft or naval vessels or other aircraft that are marked clearly as a naval ship or government aircraft.
., 16. The cooperation of the eradication of the Dark Circular Drugs and Psychotropic Parties must work together to eradicate the dark circulation of narcotics by sea, in free ports, in free trade zones, or by means of transport. Conventional or postal service.
.,
.,, the Parties must seek to establish and organize surveillance systems in port and dock areas, air ports, and border surveillance posts in the free-port-free trade zone.
., 17. More Tougher Measures to Prevent Or Eradicate The Dark Circulation Of Narcotics may take a more rigorous view than regulated by the Convention, if that action is necessary to prevent or eradicate The black circulation narcotic
18. Discord
.,
.,, disputes arising out of the Parties in the Meantime or implementing this Convention, shall be resolved through negotiations, examination, mediation, consoliation, arbitration, or the manner of the settlement of disputes with their peaceful path. vote.
., if the dispute cannot be resolved in the manner as mentioned above, with the request of one of the Parties at odds, the issue may be submitted to the International Court of Justice.
.,, if the party in the dispute is an organization of regional economic integration, through the United Nations Member States could be in demand (Advisory Opinion) the International Court of Justice as a binding ruling.
SECTION BY SECTION
Section 1
., in the event of a different interpretation of the translation of the Indonesian language, the original text of the Convention is in English. The Reservation of Section 32 (2) and paragraph (3) of the Convention are based on the principle of not accepting the obligation in the application of disputes to the International Court of Justice, except with the Agreement of the Parties.
Section 2
.,, pretty clear.
ATTACHMENT
THE HANDLER FOR
ARTICLE 32 OF THE PARAGRAPH (2) AND PARAGRAPH (3)
UNITED NATIONS CONVENTION ON ERADICATION
DARK CIRCULATION NARCOTICS AND PSYCHOTROPIC 1988
The Republic of Indonesia, although conducting accession to and the United Nations Convention on the Eradication of Narcotics and Psychiatcotropic, 1988 does not mean bound to the provisions of Article 32 of the paragraph (2) and verse (3), and the establishment of the United Nations. that in the event of a dispute due to differences in interpretation and application of the content of the Convention, which is not resolved through the path as set in paragraph (1) the Article, may appoint an International Court of Justice based solely on the Agreement. Disputing parties.
ATTACHMENT
RESERVATION ON
ARTICLE 32 PARAGRAPHS (2) AND (3)
UNITED NATIONS CONVENTION AGAINST
ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES 1988
The Republic of Indonesia, while acceding to United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 does not consider if self bound by the provision of Article 32 Paragraphs (2) and (3), and takes the position that dispute relating to the interpretaion and application on the Convention which have not been settled through the channel provided for in Paragraph (1) of the said Article, may be referred to the International Court of Justice only with the concent of all the Parties to the dispute.
