SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 191, 1999 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 3911) |
RULE REPLACEMENT GOVERNMENT REGULATION
No. 1 YEAR 1999
ABOUT
HUMAN RIGHTS COURT
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that human rights are a fundamental right that is natively attached to human self, is universal and langgeng, therefore must be protected, respected, maintained, and should not be ignored, reduced, or usurped by anyone;
., b. that to maintain human rights in accordance with human dignity and human dignity and to provide protection, assurance, justice, and feeling of security for individuals and society, it needs to be taken action for violations of the human rights. such human rights;
., c. that the authorities prosecute severe human rights violations in accordance with the provisions of Article 104 paragraph (1) Act Number 39 of 1999 on Human Rights is the Court of Human Rights;
., d. that under very pressing conditions is associated with the responsibility to participate and maintain world peace, then for the heavy human rights violations, it needs to be immediately resolved by the Court of Human Rights;
., e. that based on consideration as referred to in the letters a, b, c, and d need to be specified the Regulation of the Government of the Act of the Court of Human Rights;
.,, Given: 1. Section 22 of the paragraph (1) of the Basic Law of 1945;
., 2. Law No. 14 Year 1970 on the provisions of the Basic Law of Justice (State of the Republic of Indonesia in 1970 number 74, Additional Gazette number 2951) as amended by Law No. 35 of 1999. (State Of The Republic Of Indonesia In 1999 Number 147, Additional Gazette State Number 3879);
., 3. Law Number 39 Years 1999 On Human Rights (Sheet State Of The Republic Of Indonesia In 1999 Number 165, Additional State Sheet Number 3886);
DECIDED:
.,, SET: A REGULATION OF THE GOVERNMENT ' S REPLACEMENT LAWS ON THE HUMAN RIGHTS COURTS.
BAB I
UMUM PROVISIONS
Section 1
In the Government Rules Substitute The Act referred to:
., 1. Human rights are a set of rights attached to the nature and existence of man as the creature of the Almighty, and is his gift that is required to be respected, held in high esteem and protected by the state, the law, the government, and every one of the people. For the sake of honor and protection of human dignity and dignity.
., 2. Violation of Human Rights is a grave human rights violation.
., 3. Slavery is the status or condition of a person against it or all of the powers that are derived from ownership rights.
., 4. Discrimination is any restriction, harassment, or impossibility that is directly or indirectly based on human differentiation on the basis of religion, tribe, race, ethnicity, group, group, social status, economic setatus, sex, language, and the human being. political beliefs, resulting in the reduction, deviation or removal of recognition, execution or use of human rights and basic freedoms in life both individual and collective in the political, economic, legal, social, cultural, cultural, and cultural sphere of the world. and other aspects of life.
BAB II
POSITION AND PLACE OF POSITION
The First Part
The position
Section 2
The Court of Human Rights is a special court against human rights violations set up in the General Judicial environment.
The Second Part
The Position Place
Section 3
The Court of Human Rights is based in the City or Capital of the Regency, and its legal area corresponds to the legal area of the State Court concerned.
BAB III
SCOPE OF AUTHORITY
Section 4
The Court of Human Rights is in charge and authorities examine, cut, and resolve the case of human rights violations:
., a., a. The destruction of all or part of a nation, a group of people, a nation, a group based on skin color, religion, sex, age, or mental or physical disability with:
.,, 1) commits the act of killing the member of the group;
.,, 2) commit acts that lead to severe physical or mental anguish on the group members;
.,, 3) creates a state of life aimed at causing the group to be physically wiped;
.,, 4) impose ways that aim to prevent births in such groups; or
5) moved by force of the group ' s children to another group.
B. arbitrary murder or outside court rulings;
c. forcibly dissipation of people;
D. slave;
e. Systematically discriminated discrimination;
., f. The persecution committed by the authorities which resulted in severe suffering for others both physical and mental with the intent to obtain the description or recognition of both the person in question or the third person, or to scare or force the concerned or third person or for the reasons that are discriminatory in all its forms.
Section 5
Any person who intentionally commits an act is referred to in Article 4 of the letter a, in penal with a death criminal, a prison criminal for life, or the longest prison criminal of 20 (twenty) years and the shortest of two (two) years.
Section 6
Any person who intentionally commits an act is referred to in Article 4 of the letter b and c, in penal with a death criminal, a prison criminal for life, or the longest prison criminal of 20 (twenty) years and the shortest of 3 (three) years.
Section 7
Any person who intentionally commits an act of slavery or commits a systematic act of discrimination as referred to in Article 4 of the d and e, is convicted of a prison criminal at most 12 (twelve) year and at least 1 (one) year.
Section 8
Any official who performs the deed is referred to in Article 4 of the letter f in the criminal with a death row, a lifetime prison criminal, or the longest prison criminal of 15 (fifteen) years and the shortest of 3 (three) years.
Section 9
.,, (1) Any victim of a human rights violation and or heir is entitled to recover damages.
.,, (2) the damages for damages as referred to in paragraph (1) are conducted by filing a lawsuit to the court in accordance with the provisions of the applicable rules of law.
BAB IV
ENQUIRIES, INQUIRY, PROSECUTION, AND CASE CHECKS
The First Part
Inquiry
Section 10
.,, (1) The investigation into human rights violations was only carried out by the National Commission on Human Rights.
.,, (2) In certain matters the National Commission on Human Rights in conducting an investigation as referred to in verse (1) may form an Ad Hoc-type Team.
Section 11
.,, (1) The results of the investigation as referred to in Article 10 are handed over to the instance of the authorities conducting the inquiry.
.,, (2) The results of the investigation as referred to in paragraph (1) are sufficient initial evidence to follow up with the inquiry.
.,, (3) In terms of the results of the investigation as referred to in paragraph (1) by the investigator assessed still the complete lack of mandatory investigators complements.
The Second Part
The inquiry and the Prosecution
Section 12
The investigation and prosecution of human rights violations is carried out by the Team formed by and under the coordination of the Attorney General.
Section 13
.,, (1) The Inquiry as referred to in Article 12 is required to be completed at least 3 (three) months counting from the date the results of the inquiry are received.
.,, (2) The term as referred to in paragraph (1) may be extended for the most prolonged time of 3 (three) months.
.,, (3) If in the time frame as referred to in paragraph (1) and paragraph (2) of the investigation is not completed, it is mandatory to be issued a warrant for the termination of the inquiry.
.,, (4) After an inspection of the inspection termination warrant is issued, the investigation can only be performed back if found new evidence.
Section 14
Prosecutions as referred to in Article 12 are mandatory at least 3 (three) months counting since the date of the inquiry is accepted.
Section 15
In the case there is no strong enough reason to file a human rights violation case, the Attorney General can either be able to stop the prosecution or the cause of the crime.
Section 16
The National Commission on Human Rights can also request a statement to the Attorney General regarding the development of the investigation and the prosecution of human rights violations.
Section 17
The provisions of the authority of the superiors entitled to punish and the officer of the surrender of the case as referred to in Article 74 and Article 123 of the Law No. 31 of 1997 on the Military Judicial are declared to be not applicable.
The Third Part
Case Check
Section 18
.,, (1) The Court of Human Rights examines and dissolves the case of human rights violations with the Majlis of the Assembly.
.,, (2) In certain respects, on the Court of Human Rights can be appointed Judge Ad Hoc.
.,, (3) The appointment of Judge ad hoc as referred to in paragraph (2) is conducted on the proposal of the Chief Justice and is set by the Presidential Decree.
Section 19
Against the court ruling as referred to in Article 18 of the paragraph (1) may be appealed the legal attempt to the High Court and the cassation or review of the Court of Justice.
Section 20
In the case of no other being specified in the Government Ordinance this Act is the investigation, prosecution, and the examination of the case of human rights violations committed with the provisions of the event law as referred to in Law Number 8. 1981 on Criminal Event Law.
Section 21
The Human Rights Court is authorized to examine and cut the case of human rights violations outside of the defendant ' s presence.
Section 22
For human rights violations as referred to in the Government Regulations this Act does not apply to the provisions regarding the expiration.
BAB V
THE TRANSITION PROVISION
Section 23
.,, (1) For the first time at the time the Regulation of the Government Replacement Act came into effect a Human Rights Court at the Central Jakarta District Court.
.,, (2) The legal area of the Court of Human Rights as referred to in paragraph (1) covers the entire territory of the Republic of Indonesia.
Section 24
Against human rights violations that occurred before the enactment of the Rule of Government of the Act shall remain in effect the provisions of the criminal law as set out in the applicable law.
BAB VI
CLOSING PROVISIONS
Section 25
The Replacement Government rule of this Act came into effect on the promulgated date.
In order for everyone to know, order the Government Regulation inviters of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on October 8, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA,
BACHARUDDIN JUSUF HABIBIE
ADDITIONAL
STATE SHEET RI
| No. 3911 | (explanation Of State Sheet 1999 Number 191) |
TOP EXPLANATION
RULE REPLACEMENT GOVERNMENT REGULATION
No. 1 YEAR 1999
ABOUT
HUMAN RIGHTS COURT
I. UMUM
.,, TAP MPR Number XVII/MPR/1998 on Human Rights assigned to the State High Agencies and the entire Government apparatus, to respect, uphold, and disseminate understanding of human rights to the whole community and immediately ratified various United Nations instruments on Human Rights throughout not contradictory to Pancasila and the Basic Law of 1945.
., in order to carry out the mandate of TAP MPR Number XVII/MPR/1998 on the Human Rights Act, has been established Law No. 39 of 1999 on Human Rights. The establishment of the Act was the embodiment of Indonesian responsibility as a member of the United Nations in developing moral and legal responsibility to uphold and implement the Universal Declaration of Rights. Humans are defined by the United Nations as well as various other instruments regarding human rights passed by the Republic of Indonesia.
.,, the setting on Human Rights in the TAP MPR Number XVII/MPR/1998 on Human Rights and Law Number 39 of 1999 on Human Rights is a reflection of the increased implementation of respect, protection, or Human rights enforcement, as long as it's far from satisfactory.
.,, thus, the human rights that have been listed in the Basic Law of 1945, the Universal Declaration on Human Rights, TAP MPR Number XVII/MPR/1998 on Human Rights, and Law Number 39 of 1999 on Rights of the Human Rights. Human beings must be carried out with full sense of responsibility in line with the laws that apply within the limits, signs, and principles of international law recognized across the nation, which sets out among others:
., 1. to protect, maintain, and enhance human dignity, the necessary recognition and protection of human rights, because without such a human being will lose its nature and dignity, so that it can drive human beings into wolf to another man (homo homini lupus);
., 2. because human beings are social beings, then human rights are one constrained by other human rights so that liberty or human rights is not without limits;
., 3. Human rights shall not be obliterated by anyone and under any circumstances;
.,, 4. Any human rights contain an obligation to respect the human rights of others so that in human rights there is a basic obligation;
., .5. Human rights must be truly respected, protected, and enforced, for that the Government, the state apparatus, other public officials, has a duty and responsibility guarantees the respect, protection, and enforcement of the state. Human rights.
.,, Points down from the approach of legal development either seen from the side of national interest and from the side of the interests of internation relations, and based on urgent conditions to solve the alleged problem of misconduct other human rights that occur in the region of East Timor, under Article 22 of the paragraph (1) of the Basic Law of 1945 and Article 104 of the Law No. 39 of 1999 on Human Rights, then it needs to be specified Regulation of the Government of the United States. The Law on the Court of Human Rights. The Rule of Government Substitutes Act on the Court of Human Rights is a regulative and repressive law, so on one side can protect human rights both individual and society. And on the other hand can provide enforcement, certainty, justice, and feeling of security both individual and society against the act of transgresation over human rights.
.,, the enaconing of the Statutory Replacement Government Ordinance on the Court of Human Rights is based on consideration as follows:
., 1. There have been allegations of severe human rights violations in various places that often tend to be acts such as mass murder (genocide), arbitrary killings or outside court rulings. (arbitrary/extra judicial killing), torture, forced removal of people, or the systematic discrimination (systematic discrimination), which gives rise to both materiel and immateriel as well as resulting in a Feelings are not safe for individuals or communities;
., 2. conditions as referred to in number 1 have a very broad impact both national and international, among other things resulting in a declining trust against the Government of the Republic of Indonesia due to the number of violations of the rights Human rights, which need to be immediately addressed;
., 3. The demands of some of the national and international reforms that are deeply troubling the way of government so must be addressed immediately and created an atmosphere that is conducive to order, peace, and security must be Consider the principles of human rights that are recognized by civilized people.
.,, as for the material set up in the Regulation of the Government of the Act covering the position and place of office, the scope of the authority of the Court of Human Rights, inquiry, inquiry, prosecution, and inquiry of matters, and subject matter. The creation of the Court of Human Rights for the first time.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
Section 3
.,, pretty clear.
Section 4
.,, the letter a
The Convention on the Prevention and Punishment of The Crime of Genocide, December 9, 1948, is a criminal act. It's known as the "Genocide".
Letter b
.,, PerMade in this provision is known by the term arbitrary/extra judicial killing.
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, the provisions in this Section set up a criminal act known as "Torture".
"Convention Against Torture and Order Cruel, in Human or Degrading Treatment or Punishment" on the 10th. December 1984.
Indonesia as a member of the United Nations has ratified the Convention with the Law No. 5 of 1998.
Not included in such acts is any suffering arising as a consequence of the sanctions based upon applicable laws.
Section 5
.,, pretty clear.
Section 6
.,, pretty clear.
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, pretty clear.
Article 10
.,, Verse (1)
.,, the inquiry's authority was only carried out by the National Commission on Human Rights intended to preserve the objectivity of the inquiry because the National Commission on Human Rights was an independent institution.
Verse (2)
.,, referred to as "in certain things", for example cases that require special expertise, or a case of conexoity.
Article 11
.,, Verse (1)
., referred to as "the instance of the authorities conducting an inquiry" is a Team formed by and under the coordination of the Attorney General.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 12
.,, pretty clear.
Article 13
.,, pretty clear.
Section 14
.,, pretty clear.
Article 15
.,, the termination of the prosecution or the alienation of the matter as contemplated in this section is carried out after a thorough study.
Section 16
.,, pretty clear.
Section 17
.,, pretty clear.
Article 18
.,, Verse (1)
The Judge of the Assembly referred to in this verse at least three (three) judges or more and the number must be odd.
Verse (2)
., referred to as "in certain respects", for example in examination of human rights violations is required special expertise or whose suspect is a soldier of the Indonesian National Army or member of the State Police of Indonesia.
Verse (3)
.,, pretty clear
Section 19
., referred to as the "High Court" in this Article is the executor of the judiciary in the Public Judicial environment as referred to in Article 3 of the Law No. 2 of 1986 of the General Justice.
Section 20
.,, pretty clear.
Section 21
.,, pretty clear.
Article 22
.,, pretty clear.
Section 23
.,, pretty clear.
Section 24
.,, Pretty Clear.
Section 25
.,, pretty clear.
