REPUBLIC OF INDONESIA STATE NEWS

No. 1780, 2016 KEMHAN. International Covenant. Drafting.

REGULATION OF THE DEFENSE MINISTER OF THE REPUBLIC OF INDONESIA

NUMBER 36 YEAR 2016

ABOUT

TATA WAYS DRAFTING INTERNATIONAL AGREEMENTS

IN THE DEFENSE MINISTRY ENVIRONMENT

WITH THE GRACE OF GOD ALMIGHTY

MINISTER OF DEFENSE OF THE REPUBLIC OF INDONESIA,

DRAW: A. that the creation of an international agreement between

the Ministry of Defense of the Republic of Indonesia with

Other country ministries or international organizations

is a binding legal action

the country in the field defense so its creation

must be done with a clear and strong base

by using the perinvite rule instrument-

invitation;

b. that the creation of an international agreement in

the Ministry of Defence environment is not yet set in conjunction

the layout and techniques of the drafting of the international agreement

in the field of defense in order to conform to the provisions

in Act Number 24 Year 2000 on

International Agreement;

c. that based on consideration as

referred to in letter a and letter b, need to establish

Defense Minister Regulation on Tata Cara

Drafting of the International Agreement on the Environment

Ministry of Defence;

www.peraturan.go.id

2016, No. 1780 -2-

Given: 1. Law No. 24 Year 2000 on

International Covenant (Republican Gazette

Indonesia Year 2000 Number 185, Extra Sheet

State of the Republic of Indonesia No. 4012);

2. Law No. 3 Year 2002 concerning

Defense of State (State Gazette Indonesia

2002 Number 3, Additional Gazette

Republic of Indonesia Number 4169);

3. Law No. 39 of 2008 on

Ministry of State (Republican Gazette

Indonesia 2008 number 166, extra sheet

state republic Indonesia number 4916);

DECIDED:

Establits: THE DEFENSE MINISTER ' S REGULATION ON THE LAYOUT

THE DRAFTING OF THE INTERNATIONAL AGREEMENT IN

THE DEFENSE MINISTRY ENVIRONMENT.

BAB I

provisions of UMUM

Article 1

In this Ministerial Ordinance referred to:

1. The International Agreement is an agreement in the form

and a particular name, set in law

the international created in writing and

imposes the rights and obligations in the field of law

the public.

2. The Power Letter (Full Powers) is a letter issued

by the President or the minister who organizes

the affairs of government in the foreign field that

authorize one or more of the people

representing The government of the Republic of Indonesia, to

sign or accept the Agreement

International, declares the government's approval

the state to bind itself to the agreement and/or

www.peraturan.go.id

2016, No. 1780 -3-

resolving other necessary things in

creation of the International Agreement.

3. The next Ministry of Internal Affairs is called

Interkem Panitia is a working group formed

by pemrakarsa, whose members are from

the organizing environment, the Ministry of Defence,

The Headquarters Indonesian National Army, and Headquarters

Great of the Force.

4. The next ministerial committee called

The Interkem Committee is a working group formed

by the Secretary of Defense, whose members are from

The Ministry of Defence, Army Headquarters

National Indonesia, the Army Headquarters, and

other ministries/agencies.

5. The Ministry of Defence, which is later called

Kemhan is the acting element of government function in

the defence field.

6. The Minister is the minister who organizes the affairs

governance in the field of defense.

Article 2

(1) In order to support the execution of duties and functions

Kemhan, Minister on behalf of the government can be established

cooperation in the field of defense with other countries

which is poured in the International Agreement.

(2) The cooperation as referred to in paragraph (1),

is done with:

a. other countries ministers; or

b. International organizations.

BAB II

FORM INTERNATIONAL AGREEMENT

Article 3

(1) The International Covenant Form is set in

The Minister ' s Regulations are among others:

a. Approval (Agreement);

www.peraturan.go.id

2016, No. 1780 -4-

b. Memorandum of Understanding/Memorandum of Understanding

(Memorandum of Understanding);

c. Arrangement (Arrangement); and

d. Declaration of Will (Letter of Intent).

(2) In addition to the form of the International Agreement as

referred to in paragraph (1) may be compiled in the Agreement

International with another name that has meaning

equal and made under the terms of the parties ' agreement.

BAB III

STAGE AND DRAFTING PROCESS

INTERNATIONAL AGREEMENT

Part Kesatu

Stage

Article 4

The drafting of the International Agreement is conducted through the stage:

a. rejuvenation;

b. negotiations;

c. formulation of the script;

d. reception; and

e. signing.

Section 5

(1) The poll stage as referred to in

Section 4 of the letter is the stage performed by

Kemhan and international cooperation partner for

determining the creation of a International Agreement.

(2) The procedure that must be passed in the rejuvenation stage

as referred to in paragraph (1) may be prefixed from:

a. initiative is derived from Kemhan; or

b. The initiative comes from a partner country or an organization

international.

(3) In terms of the poll stage prefixed from the initiative

Kemhan as referred to in paragraph (2) letter a,

Kemhan performs coordination and consulting with

www.peraturan.go.id

2016, No. 1780 -5-

ministry which organizes affairs

governance in foreign fields regarding plans

International Covenant creation.

(4) Coordination and consultation with the ministry

hosting government affairs in the outside field

the country as referred to in paragraph (3) is done

for political, judicial, and other related

aspects prior to the draft of the Agreement

International is delivered to partner countries or

international organizations.

(5) In the event of a poll stage beginning the initiative of

a partner country or an international organization as

referred to in paragraph (2) b, Kemhan accepts

the original concept of the International Agreement delivered

to the representative of the State of the Republic of Indonesia outside

the country and/or through a partner country representative or

international organization in Indonesia.

Article 6

(1) The negotiation stage as referred to in

Section 4 of the letter b is the stage to discuss

the substance and technical issues that will be agreed

in the International Agreement.

(2) The negotiating stage as referred to in paragraph (1)

is led by the Minister or other designated officials

by coordinating and consulting the

ministry that organizes affairs

governance in the foreign field.

Article 7

(1) The formulation stage of the manuscript as referred to in

Article 4 of the c is the stage of formulating the manuscript

International Agreement results agreement in

negotiations by the parties over matter Agreement

International.

(2) The formulation of the script as referred to in paragraph (1)

consists of:

www.peraturan.go.id

2016, No. 1780 -6-

a. the formulation of the approval script/Memorandum

Each Other Understanding/Memorandum of Understanding;

b. the formulation of the Settings/Settings script

Implementation; and

c. formulation of the Statement of Will.

(3) The provisions of the manuscript formulation framework

Approval/Memorandum of Understanding/memorandum

understanding as referred to in paragraph (2) of the letter a

set forth in Appendix I which is the section

is not separated from this Minister Rule.

(4) The provisions of the manuscript formulation framework

Settings/Settings Execution as

referred to in paragraph (2) letter b listed in

Attachment II which is an inseparable part

of this Minister Rule.

(5) The provisions of the manuscript formulation framework

Statement of the Will as contemplated in the paragraph

(2) the letter c is listed in Annex III to which

is an inseparable part of the Regulation

This minister.

Article 8

The acceptance stage as referred to in Article 4

letter d is the acceptance stage of the Treaty of Agreement

International which have been formulated and agreed upon by

Kemhan and the partner country or organization international,

can be done by affiding the initials and/or

paraf on the International Covenant script by the chairman

delegate each.

Article 9

(1) The signing stage as referred to in

Article 4 of the e is the final stage in

negotiations for legalization of a manuscript of the Agreement

International which has been agreed upon by Kemhan and

a partner country or an international organization.

www.peraturan.go.id

2016, No. 1780 -7-

(2) The signing of the International Treaty script

by the Minister or the official appointed by

each party after the concept of the Agreement

International was agreed upon.

(3) The official signing of the International Agreement

as referred to in paragraph (2) requires the Letter

Power (Full Powers) and cannot delegate

its authority to other officials.

(4) Letter Power (Full Powers) as referred to

paragraph (3) is submitted to the minister who organizes

the affairs of government in the foreign field by the Minister

or the Acting Under the level of an eselon I.

(5) The Letter of Power (Full Powers) as referred to

paragraph (3) is not required if the IBM Terms of Agreement

(6) International Agreement ("Agreement") will be signed.

(6) the technical execution of the Agreement.

International parent

as referred to paragraph (5) may

signed by the eselon I officials accordingly

with the task and function after receiving a delegation from

the Minister.

(7) The echelon of the eselon I as referred to in

paragraph (6) consists of:

a. Secretary General of Kemhan;

b. Inspector General of Kemhan;

c. Director General of Kemhan;

d. The head of the Kemhan Agency; and

e. Rector Of The Defence University.

The Second Part

The Process Of Drafting The Agreement

Article 10

In terms of the International Agreement initiative comes from

Kemhan as referred to in Article 5 verse (2)

letter a, must be coordinated with:

www.peraturan.go.id

2016, No. 1780 -8-

a. The Directorate of International Cooperation Directorate General

The Kemhan Defense Strategy;

b. Directorate of Regulations Directorate

General of Defense Strategy Kemhan;

c. Directorate General of Law and International Agreement

ministry which organizes affairs

governance in the foreign field;

d. The General Directorate at the Ministry that

organizes government affairs in the outside field

the country in relation to the matter of the Agreement

International; and/or

e.

Article 11

(1) The drafting of the International Agreement on the initiative

Kemhan as referred to in Article 10,

is done as follows:

a. Initial draft concept was consulted with

International Directorate of Cooperation Directorate

Kemhan Defense Strategy and Directorate

Regulations of the Directorate General

The Kemhan Defense Strategy.

b. the discussion of the substance of the International Covenant

is done by involving the unit

work/subunit work in the internal Kemhan and/or

The Indonesian National Army;

c. coordination and consultation with the Directorate

General Law and International Agreement

ministry which organizes affairs

governance in the foreign and Directorate government

General in the ministry which organizes

governance affairs in the outside the country that

is related to the International Treaty material;

d. if required, substance discussion

The International Agreement is done with the Panitia

Antarkem; and

e. finalization of the International Covenant script.

www.peraturan.go.id

2016, No. 1780 -9-

(2) The coordination and consulting mechanism as

referred to in paragraph (1) the letter c can be performed via:

a. oral communication;

b. mail letter;

c. Interkem Panitia meeting; dan/or

d. Antarctic Committee meeting.

(3) The coordination and consulting mechanism as

referred to in paragraph (1) the letter c is intended for:

a. ask for political, juridical, and other related

views regarding the creation plan

International Agreement;

b. create perception similarities in the face of

foreign parties to align with foreign politics

and national interests;

c. facilitate working unit interests/subunits

related work in terms of the need guidelines,

monitoring, and awarding in

International Agreement creation.

Article 12

The drafting of the International Agreement on the initiative of the country

partner or international organization as intended

in Section 5 of the paragraph (2) letter b, it is performed as follows:

A. Kemhan accepts the concept of the International Covenant of

a partner country or an international organization sent

through the ministry that organizes affairs

governance in the foreign sphere;

b. Director General of the Kemhan Defense Strategy

following up the concept of the International Agreement

referred to in the letter a by conducting the study

in a comprehensive way;

c. Director General of Defense Strategy Kemhan

ordered Director of International Cooperation

Directorate General of Defense Strategy Kemhan to

conduct a study of the concept of the Agreement

International and perform coordination with the unit

work related to the substance of the International Agreement;

www.peraturan.go.id

2016, No. 1780 -10-

d. Director of International Cooperation Directorate General

The Kemhan Defense Strategy creates a response concept

and/or counter draft by including

representatives of the Directorate of Perundang Rules-

invitation Directorate General of Defense Strategy

Kemhan, related working unit and/or National Army

Indonesia;

e. Counter draft was coordinated and

was consulted with the Directorate General of Law and

International Agreement and General Directorate at

the ministry that hosted the affairs

the government in the field of foreign affairs related to

of the International Agreement matter;

f. Director General of Defense Strategy reported

counter draft results of coordination and consultation to

Minister; and

g. The Minister sent the draft counter to the partner country or

the international organization of the assembly through the ministry

that organizes government affairs in the field

overseas.

Article 13

Agreement Internationally as intended in

Article 11 is written in Indonesian also in the language

national partner country and/or English.

Article 14

International Covenant manuscript paper uses paper

The International Agreement prepared by the Directorate

General The law and the International Covenant of the ministry

which organizes government affairs in the outside field

the country.

www.peraturan.go.id

2016, No. 1780 -11-

BAB IV

RATIFICATION OF INTERNATIONAL AGREEMENT

Article 15

(1) The International Agreement Concern

in the form of Agreement (Agreement) and the Memorandum

mutually Understanding/Understanding (Memorandum of

Understanding) as referred to in Section 3

paragraph (1) letter a and letter b performed with Invite-

Invite.

(2) The International Agreement Concern

is conducted with the Presidential Regulation.

Article 16

(1) The International Treaty Concern as

referred to in Article 15 is done with

the formation of the Interkem Panitia by the Minister.

(2) The Antarkem Committee as referred to in paragraph (1)

carry out:

a. Drafting of the Academic Text Invite-

Invite about the Agreement Concern

International;

b. Alignment of the Academic Script Invite-

Invite about the Alignment of the Agreement

International;

c. The drafting of the Bill of Law on

The International Agreement Concern;

d. Draft harmonization of the Act

on the Concern of the International Agreement; and

e. Draft Law discussion

The International Agreement Concern between

The Government and the People's Representative Council.

www.peraturan.go.id

2016, No. 1780 -12-

BAB V

provisions CLOSING

Article 17

The Regulation of the Minister goes into effect on the date

promulred.

For everyone to know it, ordering

an invitational of the Minister's Rule with its placement

in the Republic of Indonesia News.

Specified in Jakarta

on the 11th November 2016

DEFENSE MINISTER

REPUBLIC OF INDONESIA,

ttd

RYAMIZARD RYACUDU

Acundfiled in Jakarta

on 23 November 2016

DIRECTOR GENERAL

THE LAWS

THE MINISTRY OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

ttd

WIDODO EKATJAHJANA

Paraf:

1. General:

2. Irjen:

www.peraturan.go.id

2016, No. 1780 -13-

www.peraturan.go.id

2016, No. 1780 -14-

www.peraturan.go.id

2016, No. 1780 -15-

www.peraturan.go.id

2016, No. 1780 -16-

www.peraturan.go.id

2016, No. 1780 -17-

www.peraturan.go.id

2016, No. 1780 -18-

www.peraturan.go.id

2016, No. 1780 -19-

www.peraturan.go.id

2016, No. 1780 -20-

www.peraturan.go.id

2016, No. 1780 -21-

www.peraturan.go.id

2016, No. 1780 -22-

www.peraturan.go.id

2016, No. 1780 -23-

www.peraturan.go.id

2016, No. 1780 -24-

www.peraturan.go.id

2016, No. 1780 -25-

www.peraturan.go.id

2016, No. 1780 -26-

www.peraturan.go.id

2016, No. 1780 -27-

www.peraturan.go.id

2016, No. 1780 -28-

www.peraturan.go.id

2016, No. 1780 -29-

www.peraturan.go.id

2016, No. 1780 -30-

www.peraturan.go.id

2016, No. 1780 -31-

www.peraturan.go.id

2016, No. 1780 -32-

www.peraturan.go.id

2016, No. 1780 -33-

www.peraturan.go.id

2016, No. 1780 -34-

www.peraturan.go.id

2016, No. 1780 -35-

www.peraturan.go.id

2016, No. 1780 -36-

www.peraturan.go.id

2016, No. 1780 -37-

www.peraturan.go.id

2016, No. 1780 -38-

www.peraturan.go.id

2016, No. 1780 -39-

www.peraturan.go.id

2016, No. 1780 -40-

www.peraturan.go.id

2016, No. 1780 -41-

www.peraturan.go.id

2016, No. 1780 -42-

www.peraturan.go.id

2016, No. 1780 -43-

www.peraturan.go.id

2016, No. 1780 -44-

www.peraturan.go.id

2016, No. 1780 -45-

www.peraturan.go.id

2016, No. 1780 -46-

www.peraturan.go.id

2016, No. 1780 -47-

www.peraturan.go.id

2016, No. 1780 -48-

www.peraturan.go.id

2016, No. 1780 -49-

www.peraturan.go.id

2016, No. 1780 -50-

www.peraturan.go.id

2016, No. 1780 -51-

www.peraturan.go.id