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Act No. 3 Of 1975

Original Language Title: Undang-Undang Nomor 3 Tahun 1975

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LEGISLATION REPUBLIC INDONESIA NUMBER 3 IN 1975

ABOUT THE POLITICAL PARTY AND GROUP OF WORKS

WITH THE GRACE OF GOD MAHAESA

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that in terms of simplification and

the mutineers of political life, these adult political organizations that have existed have grouped themselves into two Political Parties and a Group of Works, as has been expressed in the Great Lines of the Country;

b. That in the absence of the three political power organizations, it is expected that the Political Parties and the Group of Works can truly guarantee the existence of unity and unity of the Nation, national stability and lacerations. development;

c. that in order that such a positive reality can grow increasingly strong and steady, need to set up the life of the political parties and the work of the Works, which is at once providing certainty about the position, function, equal and equal rights and obligations of the organizations Adequate political forces are adequate as well as in accordance with the principles of Pancasila Democracy as well as the implementation of the Nation's development;

d. Article 27 and Article 29 of the Basic Law of 1945; Given: 1. Section 5 (1), Section 20 (1), Section 20 (1) and Section 28 Invite-

The Basic Law of 1945; 2. The Decree of the People's Consultative Assembly

IV/MPR/1973 on The Great Lines Of The Country's Bow;

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With the approval of the People's Representative Council of the Republic of Indonesia, DECIDE: THE LAWS OF THE POLITICAL PARTY AND

GROUP OF WORKS.

CHAPTER I OF THE GENERAL PROVISION

Article 1

(1) In this Act referred to the Political Party and

Golongan Works is a political social power organization that is, the result of renewal, and the simplification of life politics in Indonesia, that is:

a. two Political Parties that at the time of the Act will be named:

1. United Development Party; 2. Party of the Indonesian Democratic Party; b. one Group of Works that is at the time of the Act's enactment

named the Group of Works. (2) Political and Political Parties as an organization formed by

members of the Warganegara Republic of Indonesia on the basis of the equation of will, having the same rank, function, rights and obligations as equals with the This law and its sovereignty are in the hands of members.

(3) The Political Party and the Acts of the Works referred to in the paragraph (1) of this section are required to carry out the provisions of this Act as well as its best.

BAB II

AZAS AND PURPOSE

Article 2

(1) Azas Political Parties and Golongan Works are Pancasila and the Basic Invite of 1945.

(2) In addition to those provisions in paragraph (1) of this section, azas/traits of the Political Party and the Group of Works that have been present at the time of this invite are also the azas/traits of the Political Party and the Group of Works.

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Article 3

(1) The purpose of the Political Party and Group of works is: a. embody the Nation ' s ideals as meant in the Act

Basic 1945; b. create a fair and prosperous society that is evenly spirituyl and

meteriil based on Pancasila and the Basic Law of 1945 in the container of the Republic of the Republic of Indonesia;

c. developed the life of Pancasila Democracy. (2) The Party of Politics and the Party of Work for the purpose of the purpose

in verse (1) this section with the soul/spirit of the family, the deliberations and the works, and the other way as long as it does not contradict the provisions of which it is not. listed in all applicable Invite-invited.

Article 4 of the Political Party and the Acts of the Works are required to list the azas and the purposes as referred to in Section 2 and Article 3 of this Act in its Basic Budget.

CHAPTER III OF THE FUNCTION, RIGHTS AND OBLIGATIONS

Article 5

The Political Party and the Golongan Works function: a. as one of the Pancasila Democracy Institutioners channelling

and the aspirations of the public healer and embody the political rights of the people;

b. Fostering members of its members became the immoral Indonesian state of Pancasila, loyal to the Basic Law of 1915 and as one of the vessels to educate the political consciousness of the people.

Article 6 of the Political Party and Golongan Works are entitled to: a. maintain and fill the Independence of the Republic of the Republic of Republic

Indonesia; b. Take part in the General Election. Article 7 of the Political and Political Parties of the Works is obliged to:

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a. perform, amuse and secure the Pancasila as well as the Basic Law of 1945;

b. maintain and fill the Independence of the Republic of the Republic of Indonesia;

c. secures and carries out the Great Lines of the Country and Other People's Consultative Assembly Act;

d. maintaining unity and the unity of the Nation, as well as maintaining orderly and dynamic national stability as an absolute infrastructure for the successful implementation of the Nation's development in all fields;

e. Maintain a friendship between the Republic of Indonesia and other countries on the basis of mutual respect and on the basis of cooperation towards the eternal peace of the world;

f. To succeed in the implementation of the General Election.

CHAPTER IV MEMBERSHIP AND AFFAIRS

Article 8

(1) Which can be a member of the Political Party and the Group of Works is

Warganegara Indonesia which has been through research/screening by the Political Party Governing Body and Golongan Works is concerned and has met the requirements among others:

a. has been 17 (seventeen) years old or has been mating; b. can read and write; c. able to actively follow activities defined by the Political Party

and the Group of Works. (2) A. Civil servants can be members of the Political Party or

Golongan Works by the knowledge of authorized officials; b. Civil servants who hold certain positions are not

can be members of the Political Party or the Golongan Works, except with the written permission of the authorized officer.

Article 9 of the Political Party and the Group of Works are signed up Its members and maintains a list of members. Article 10 (1) of the Political Party and the Group of Works has its own affairs in: a. Capital of the Republic of Indonesia for the Central Level; b. Capital of Propinsi for Area I; c. District Capital/Municipality for Level II Region; in each city

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Subdistrict and Village ada/can be assigned a Commissar as the Managing Director of the Level II Region. The commissioner is assisted by several aides.

(2) The management for the Administrative Region in the Special Regional Environment of the Greater Jakarta Capital and others is equated with the Level II Region as such on the paragraph (1) of this section.

BAB V

FINANCE

Article 11

Finance of the Political Party and Golongan Works obtained from: a. Iuran members; b. non-binding donations; c. Other businesses are valid; d. help from the State/Government.

CHAPTER VI PROHIBITION AND SUPERVISION

Article 12

Political and Political Parties are banned: a. Subscribe, develop and disseminate or teachings

Communism/Marxism-Leninism as well as understand or other teachings as opposed to Pancasila and the Basic Law of 1945 in all its forms and of its manifestation;

b. receive assistance from foreign parties; c. provide assistance to foreign parties harming the interests

The Nation and the Nation. Article 13 (1) By not reducing the expiring provisions in all

applicable statutes, oversight of Article 4, Section 7a and Article 12 are conducted by the President/Mandataris of the People's Consultative Assembly.

(2) The President/Mandataris of the People's Consultative Assembly in carrying out oversight of the implementation of Article 4, Article 7a and Article 12 may request a statement to the Central Level of the Political Party or the Group of Works.

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Article 14 (1) With the authority on it, President/Mandataris Assembly

The People's Consultative Assembly may freeze the Central Level of Political Parties or Golongan Works which turn out to be in action-conflicting actions with Article 4, Section 7a and Article 12 of this Act.

(2) The freeze referred to a paragraph (1) of this section is carried out upon hearing of the Concern of the Centre Level concerned and after hearing the Supreme Court ' s consideration.

BAB VII

TRANSITION provisions

Article 15

With effect This Act to the Political Party and the Group of Works is given the opportunity to conform to the provisions of this Act which should be completed no later than one year after the enactment of this Act.

BAB VIII CLOSING provisions

section 16

The implementation of this Act is governed by the Government Regulation. Article 17 (1) At the beginning of the Act of this Act, it is declared not applicable

again: a. Law No. 7 Pnps 1959 on Terms and

The Simplification of the Parties (State Sheet of the Republic of Indonesia in 1959 Number 149);

b. Law No. 13 Prps Year 1960 on Recognition, Supervision and Disbandment of Parties (sheet of State of the Republic of Indonesia in 1960 Number 79);

c. Law Number 25 Prps Year 1960 On The Peromaterials Of Presidential Regulation Number 13 Of 1960 (sheet Of State Of The Republic Of Indonesia In 1960 Number 139).

(2) Any provision in the laws that

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contrary to this Act is adjusted/revoked. Article 18 of the Act begins to apply to the date of promulgations. In order for everyone to be able to find out, order this Act's invitational with its placement in the State Sheet of the Republic of Indonesia. Ratified in Jakarta on 27 August 1975 PRESIDENT OF THE REPUBLIC OF INDONESIA, Ttd. SUHARTO was promulred in Jakarta on 27 August 1975 MENTERI/SECRETARY OF STATE OF THE REPUBLIC OF INDONESIA, Ttd, SUDHARMONO, SH.

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EXPLANATION FOR

LEGISLATION REPUBLIC INDONESIA NUMBER 3 IN 1975

ABOUT THE POLITICAL PARTIES AND THE GROUP

THE GENERAL EXPLANATION of the Act was compiled and as the implementation of the outlines of the Great Line. The State of the Course of the People's Consultative Assembly Number IV/MPR/1973, stated among others that the "Drafting Of Political Parties and Golongan Works" needs to be adjusted to and in order of simplification of the parties The politics and the Group of Works and its implementation will be governed by the Act of the Act. with the spirit of Pancasila and the Basic Law of 1945. It is the subject of the provisions that have been formulated in the Great outlines of the country's bow. This Act was established and provided a legal basis for the two political parties and one of these adults, as has been stated in the Great Lines of the Country's bow. These are prescribed in Chapter I of this Act. Political parties and the Group of Works as an organization formed by members of the Indonesian community of Warganegara, on the basis of the equation of will, have the same position, function, rights and obligations equal in accordance with this Act and the Law. His sovereignty is in the hands of a member. Under this Act the foundations and direction of life and activities of the Political Party and the activities of the Political Party and the Work of Pancasila, the Basic Law of 1945 and the Consultative Assembly of the People's Consultative Assembly, which must be followed and It's done as good as the Political Party and the Work Group. If in the body of the Political Party and the Group of Works, now there are things that do not conform to the provisions of this Act, then the Political Party and the Group of Works are obliged to adjust within 1 (one) year, as did the specified in Section 15 of this Act. BAB II (Azas and Purpose) and BAB III (Functions, Rights and Liability) clearly determine that the Political Party and the Group of Works should behave and perform its activities based on and in accordance with the provisions and soul of Pancasila, The Basic Law of 1945, and the Decree of the Consultative Assembly of the People. In addition, the current Political and Political Party traits of the Act are also azas/traits of the Political Party and

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Group Work. In order to accelerate the development, it is necessary to improve the quality of quality and skill in all fields. Efforts to improve the ability of the Political Party and the Group of Works are given a tangible form in this Act through provisions regarding membership as mentioned in the BAB IV Article 8 and Article 9. With age restrictions meant that members were actually considered to have been able to shoulder their rights and political responsibilities. Therefore one of the functions of the Political Party and the Group of Works is to guide the members into the moral Indonesian Warganegara Pancasila as well as the faithful to the Basic Law of 1945 and as one of the vessels to educate People's political consciousness. The provision of reading and writing is one of the terms of the process of accelerating the renewal process and increasing Warganegara's ability to participate in the development. Similarly, other membership requirements are actipping to the activities of the Political Party and the Work Group, as well as to improve the lives of the party and the work. For civil servants the opportunity to become a member of the Political Party or the Golongan Works must remain assured. But given the position and duty of the government, it must be guaranteed the work of the State of Personnel as well as the civil servants who can be members of the Political Party or the Group of Works by which the government is a member of the Ministry of Foreign Office. The knowledge of the officials. For such officials in Section 8 of the paragraph (2) b. To be a member of the Political Party or of Golongan Works is required to obtain a written authorization from an authorized official. The registration of members of the Political Party and the Group of Works as well as the maintenance of the list of members of the members as well as the members of the list of members in Article 9 is a very important provision for the administration and organization of the Political and Political Party. The work is concerned, nor to facilitate the participation of the Political Party and the Golongan Works in carrying out its functions. Political Party and Golongan Works are determined at the Central Level of the State Capital, in Level I in the Capital Propinsi and in the Level II Region in the Municipal Capital/Municipality. The provisions contained in Article 10 are the implementation of the Great Lines of the Country. The level of affairs that align with the levels of our People's Representative Council, is expected to develop a smooth relationship and cooperation between the People's Representative Council and the Political Party and the Working Group. Although the Political and Governing Professionals have been determined to be in the Capital of each level, this does not mean reducing the coaching duties performed by each of the Regers to

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members who are housed outside the Capital District/Kotamadya; for that in every district and village there/can be assigned a Commissar as executor of Level II which is not a caretaker of the current governing body. Stand alone. The commissioner has a few maids. In order to ensure that the Political Party and the Group of Works can grow in the direction of the desired direction, the Act provides provisions for the prohibition and oversight that can be done to it. The prohibition of adhering, breeding and dissemination of Communism/Marxism-Leninism and understanding or other doctrines as opposed to Pancasila and the Constitution of the Constitution of 1945 in all its forms and its manifestation may not require a Further explanations, as it is in accordance with the Decree of the People's Consultative Assembly Number V/MPR/1973 Article 3 is related to the People's Consultative Assembly While the number XXV/MPRS/1966. The ban on receiving foreign aid and or giving foreign aid aims to ensure a national personality as well as a whole and unified national independence. This does not mean that the Indonesians are barricuning themselves, not having any relationship with the other nations, for that there is no chance for the Political Party and the Group of Works to receive assistance from foreign parties and or to provide assistance to the Foreign parties do not harm the interests of the Nation and the State. In terms of oversight of the Act, it is clear from the subject that the existence of two Political Party organizations and one Group of Masterpieces of the Works must be guaranteed and protected its survival. This Act does not recognize the disbandment of the organization of the Political Party and the organization of the work. However, this Act also provides the appropriate means-a means to ensure that the provisions of this Act should be. These tools are contained in the BAB VI Surveillance, which is under scrutiny for the execution of several articles of this Act. The possibility of the freezing of the Care of Care should be granted to the President not to the power of the State or other state officials, given that the President is the President of the People's Consultative Assembly who carried out the Great Garment of the People's Consultative Assembly. The Course of the State and must account for its implementation to the People's Consultative Assembly as the highest holder of the state in the state of the Republic of Indonesia. However, in order for the President's freeze to be held accountable by the President, the freezing action can only be done after the President hears the Supreme Court's consideration, especially in terms of terms of the Supreme Court. the law. By itself the President's decision to freeze the Political Party or the faction of the work resulted in the cessation of the activities of the Political Party and the Works of the Works concerned. But because of the political party and the Golongan Works it needs to be guaranteed and

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protected, then must remain open to the opportunity to establish a new Replacement which may guarantee the implementation of the provisions of this Act as well as its best practices. In light of the laws regarding the Party of Politics, the Act is no longer in accordance with the provisions of the People's Consultative Assembly Number IV/MPR/1973, then by the enactment of this Act, it is declared that the law is not to be considered. no longer applies: a. Law No. 7 Pnps 1959 on Terms and

The Simplification of the Parties (State Sheet of the Republic of Indonesia in 1959 Number 149);

b. Law No. 13 Prps Year 1960 on Recognition, Supervision and Disbandment of Parties (sheet of State of the Republic of Indonesia in 1960 Number 79);

C. Law No. 25 Prps Year 1960 On The Peromaterials Of Presidential Regulation Number 13 Of 1960 (sheet Of State Of The Republic Of Indonesia In 1960 Number 139);

d. The laws that are contrary to this Act are adjusted/revoked.

THE EXPLANATION OF THE SECTION FOR ARTICLE Article 1 of Article 1 of this Act contains a mean. It provides a steady legal basis for the fact that

(existence) of two Political Parties and a Group of Works which is the reality of the fusion:

The political activity of the Islamic parties is: Nahdatul Ulama, Indonesian Muslim Party, United Party

Islam Indonesia and the Islamic Tarbiyah Union within the United Development Party;

National Party of Indonesia, Indonesian Christian Party, Catholic Party, Bond Party Supporters of Indonesian Independence and the Murba Party became the Indonesian Democratic Party of Indonesia;

The group organizations are the Group of Works. B. With categorization of parties and group organizations

in Indonesia, as a result of the renewal and simplification of political life as referred to in paragraph (1) of this section, the former (former) political party and the organization of the works As a society organization is justified in doing other activities that are not political activities based and to the extent that it does not conflict with the provisions of the rules of the law.

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Article 2 Pancasila and Basic Law of 1945 are the azas for the Political Party

and the Group of Works, since Pancasila is the philosophy and ideology of the Nation and State, as well as the Basic Law of 1945 is the cornerstone of structuriles The constitution of the Republic of Indonesia. Since the azas are in the Basic Budget of the Political Party and the Group of Works by the time the Act is in the framework of Pancasila and the Constitution of the Constitution of 1945, the Political Party and the Group of Works can still be included. Azas/traits in their respective budget are Islam as an azas for the United Development Party; Indonesian democracy, Indonesian Nationalism (Nationalism) and Social Justice (Pancasila Socialism) as an azas/trait for the Party. Democracy of Indonesia; and the spiritual works of the nation for the welfare of the Nation and social justice in the framework of Pancasila as azas/traits for the Golongan Works.

Article 3 (1) a. In point to the Basic Law of 1945 in the letter a

This section includes the Opening, the Body Bar and its Explanation. B. By not reducing the terms of the letter b of this section,

The Political Party and the Group of Works can list each other's specificity in its Budget.

c. The Pancasila democracy is a democracy based on Pancasila.

(2) It is quite clear. Section 4 is quite clear. Article 5 as one of the Institutes of Pancasila Democracy, Political Party and

Golongan Works is one of the means of the struggle to foster unity and unity of the Nation and one of the means to fight for the political rights of the People. has been guaranteed in the Basic Law of 1945.

People's aspirations and aspirations are conducted mainly through the People's Representative Council. It does not close the possibility of channeling the people ' s opinions and aspirations through other institutions and other efforts that do not conflict with the law. To be able to carry out its functions, the Political Party and the Group of Works are holding a meeting.

The fostering is to include educating political awareness and providing guidance to its members in

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participates in the construction of the Nation and States in accordance with Pancasila and the Basic Law of 1945.

In addition to fostering its members, the Political Party and the Group of Works also have functions to jointly provide similar education and guidance to the People.

Article 6 referred to as " the right to participate and in the General Election " in

the letter b of this section is among others the rights of the Political Party and the Work of the Works to submit candidates in the General Election.

The Article 7 which is referred to in the letter f this article means

that "do not take part in the General Election" cannot be interpreted as not to be successful General elections as long as do not perform works in conflict with the invitational rules governing the General Election.

Article 8 (1) referred to as the member in this Act is

full member who according to the Basic Budget/Household Budget of the Party of Politics/Golongan Works concerned (in terms of such terms there is) beyond the term of the candidate.

The provisions in this paragraph (1) of the letter b do not apply For those who, in the time of the law, the law was already a member. The Political and Political Parties of the Works, and by itself do not apply to such members above, as such conditions are met at a time when he becomes a full member.

Given the fact that Indonesian society has not yet. All can read and write Latin letters, so for a while it requires the origin to read and write any letter.

After being a member of the Political and Ruling Party, it is concerned that it complies with the work of the party. With each other.

(2) a. 1. With the inclusion of words "with the knowledge"

conceived of the intent was achieved two goals: a. The chance for a civil servant to

use his rights as Warganegara to be a member of the Political Party or a Group of Works;

b. The need to be fulfilled is the development of a country's authorship, order, effectiveness and

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efficient. 2. Which is referred to "knowledge" is notifying

to officials who are authorized by the employee concerned about the inclusion of the employee being a member of the Political Party or the Group of Works so that the official can know.

3. In question, the "authorized officials" are the officials who are entitled to lift and dismiss the civil servants in question.

4. "Knowledge" in question has been fulfilled if: a. Authorized officials acknowledge that it has accepted

the notice of the employee in question or if it has been past 21 (twenty-one) days of the delivery date of such notification with valid proofs; or

b. In the past twenty (twenty) days prior to the expiration date of the date, the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the The notification is being accepted by the direct supervisor of the employee in question.

5. "With the knowledge" referred to in paragraph (2) a section is not a permit and therefore cannot be carried out of the rejection of the intended notification.

(2) b. The written permission of a civil servant who

holds a certain position to be a member of the Political Party and the Group of Works is due to the specificity, magnitude of responsibility and/or breadth of the field of duty charged on the Such Civil Service employees.

Certain officials who, require the permission referred to above are among others:

1. In the Department: Head-head of the Direktorat to the top; 2. in the area: a. Governor/Regional Head I, Regional Secretary and

Head-head of the I-Level Service; b. Regent/Walicocity Of Regional Head II, Secretary

Regional, Head-head Of Service Level II; c. Camat and the Head of the Village; 3. Other positions at the center level are called

in numbers 1 above and in an area with a number 2 above;

4. Chairman, Vice Chairman and members of the Supreme Court, Attorney General, Young Attorney General, Chairman, Vice Chairman and Member-

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members of the Financial Examiner Body, Judge, Prosecutor, Governor of the Central Bank and other posts to be set up with Government Regulation.

Article 9 of the Members of the Political Party and the Group of Works as well as

maintenance The list of members is intended to order the administration and the good of the organization of the Political Party and the Workers ' Party concerned, and facilitate the participation of the Political Party and the Golongan Works in carrying out its functions The implementation of the registration is conducted by the respective Political Parties/Golongan Works.

Article 10 of the Political Party and Group of Affairs of the Works is adjusted to

the level of the People's Representative Council, thus the degree The management is up to the level of Regional Affairs of the Second Grade. To ensure the leadership of the coaching of members and the implementation of its activities, in the city of Subdistrict and the Village is/can be assigned a Commissioner of the Political Party/Group by the Political Party/Golongan Party Works of the Regions.

The Commissioner of Political Parties/Golongan Works in the District and the Village is the executor of the Political Party/Golongan Party Works of Section II.

As the Managing Director of the Political Party/Group of Level II, the Commissioner of the Political/Party Works in the city and the village serves to convey and execute the discretion of the administrator and channel the opinions and opinions of the management of the party. The aspirations of the community and the village to the Political Party/Golongan Party Works of Section II, in order to exercise the functions of the Political Party and the Group of Works by Undang-undang.ini.

Commissioner of the Political Party/Golongan Works in the city The district and the village are not the caretaker of the Political Party/Golkar

The Commissioner in the District is assisted by several maids, of whom there are five (five) people; while some of the Commissioners in the Village number as many as four (four) people. The maids can represent the Commissioner in performing their functions.

Article 11 is quite clear.

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Article 12 a. With "another teaching contrary to Pancasila and

the Constitution of the Constitution of 1945 in all its forms and its manifestation" meant any understanding or teaching as opposed to Pancasila as falsafah and ideology of the Nation and State The Republic of Indonesia and the Basic Law of 1945 as the basis of the structure of the life of the Nation and the State.

The meaning of understanding or the teaching as opposed to Pancasila and the Basic Law of 1945 is for example atheism, imperialism and colonialism in all its forms.

b. With "help" in Articles 12 letters b and c are intended for material and financial assistance from and to foreign parties. Not included in the assistance of the facilities (such as travel invitations) and non-materiel aid (e.g. congratulations, statements) in order to maintain the friendship between the people on the basis of each other. Respect and respect for the interests of the Nation and the State.

c. In the case of the granting of aid to the non-detrier of the Nation and the State, is the assistance referred to in the letter b above.

Article 13 of the Oversight by the President/Mandataris of the People ' s Consultative Assembly

In this section, in view of the importance of the implementation of Article 4, section 7a and Article 12 are conducted in order to ensure a healthy political life and protect the survival of the Political Party and the Group of Work. A sweeping National Development framework with regard to the functioning of the Political Party and The Work Group as one of the Pancasila Democracy Institute does not reduce the effect of provisions in all applicable Laws.

Article 14 of the freeze referred to this section only applies to the Level

Center The Political Party or the Group of Works. In the event of the Regional Level of Care committing acts that violate the provisions that may result in the freezing, then the President requests the statement to the Central Level Manager in question. The concerned central level administrator takes the necessary steps, when it turns out that the Central Level Manager is not taking steps or unable to address the problem, then the President after hearing the Court's consideration. The Great can freeze the Centre Level Care Concern.

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Section 15 is fairly clear Article 16 is quite clear. Article 17 is pretty clear. Article 18 is pretty clear.

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