UU NO 39 TAHUN 1999 tentang HAM

LAW OF THE REPUBLIC OF INDONESIA

NUMBER 39 OF 1999

ABOUT

HUMAN RIGHTS

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Weigh
a. that human beings, as creatures of God Almighty who carry
the task of managing and maintaining the universe with full devotion and full
responsibility for the welfare of mankind, endowed by his creator
rights to ensure the existence of the dignity and glory of his
harmonious environment;
b. that human rights are basic rights that are bestowed by God himself
humans, are universal and eternal, therefore must be protected, respected,
maintained, and should not be ignored, reduced or taken away by anyone;
c. that in addition to rights, humans also have a basic obligation between humans
one against the other and to society as a whole in
society, nation, and state;
d. that Indonesia as a member of the United Nations to carry out
moral and legal responsibility to uphold and implement
Dek1arasi Universal Human Rights promulgated by the
Nations, as well as various other international instruments on human rights
man who has been accepted by the Republic of Indonesia;
e. that based on the considerations referred to in paragraphs a, b, c, and d
in order to implement the People's Consultative Assembly Decree Repoblik
Indonesia Number XVIUMPR/I998 on Human Rights, it is necessary to form
The Law on Human Rights;
Remember
1. Article 5 paragraph (1), Article 20 paragraph (1), Article 26, Article 27, Article 28, Pasa129, Article 30,
Article 31, Article 32, Article 33 aya t (1) and paragraph (3), and Article 34 of the Constitution
1945;
2. Decree of People's Consultative Assembly of the Republic of Indonesia Number
XVII/MPR/I998 on Human Rights;
With the approval
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish:
LAW ON HUMAN RIGHTS.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Act referred to as:
1. The Human Rights is a set of rights inherent in the nature and
human existence as makhlukTuhan the Almighty and is
His grace shall be respected, upheld and protected by the state,
law, government, and every person for the respect and protection of the dignity and
human dignity.
2. Obligation is a set of basic human rights obligations when
implemented, not implemented and enable the enforcement of human rights.
3. Discrimination is any restriction, harassment or ostracism directly
or indirectly based on human differences on the basis of religion, race,
racial, ethnic, group, class, social status, both economic status, gender, language,
political beliefs. resulting in a reduction, or elimination of irregularities
recognition, implementation or application of human rights and fundamental freedoms
in both individual and collective life in politics, economics.
legal, social, cultural. and other aspects of life.
4. Torture is any act committed intentionally, so that
cause pain or suffering is great, both physical and spiritual,
on a person to obtain information or a confession from a person or
of a third person, punishing him for an act he performed tired
or alleged to have been committed by a person or a third person, or threatens or
forcing a person or a third person. or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted
by, at the instigation of, with the consent, or knowledge of anyone and or
public officials.
5. Child is every human being below the age of 18 (eighteen) years and
not married, terrnasuk child still in the womb when it is
is in his interest.
6. Violations of human rights are all actions by individuals or groups
people, including state officials, both intentional and unintentional
who unlawfully diminish, impede, restrict, and or
revoke the rights of a person or group of persons is guaranteed by
This law, and did not get, or will not feared
obtain a fair trial and the right, based on the mechanism
applicable law.
7. Commission of the National Human Rights Commission is hereinafter referred
independent institution whose position level with other state agencies
function carry out an assessment, research, extension, monitoring, and
mediation of human rights.
CHAPTER II
BASIC PRINCIPLES
Article 2
The Republic of Indonesia recognizes and upholds human rights and
freedom as our basic human rights that are bestowed by God and not
inseparable from the human, which must be protected, respected, and enforced for the sake of
enhancement of human dignity, well-being, happiness, and intelligence and
justice.
Article 3
(1) Every person is born free with human dignity and the same
equal and endowed with reason and conscience to live berrnasyarakat, nation,
and state in a spirit of brotherhood.
(2) Everyone has the right to pegakuan, security, protection and legal treatment
fair and obtain legal certainty and equal treatment before the law.
(3) Every person is entitled to the protection of human rights and fundamental freedoms
human beings, without discrimination.
Article 4
Rights. to life, the right not to be tortured, the right of personal freedom, thought and conscience,
freedom of religion, the right not to be enslaved, the right to be recognized as a person and
equality before the law, and the right not to be prosecuted under the law
retroactive is a human right that can not be reduced under any circumstances
and by anyone.
Article 5
(1) Every person is recognized as a person is entitled to demand and obtain
equal treatment and protection of human dignity in
before the law.
(2) Every person is entitled to equitable relief and protection from court
objective and impartial.
(3) Any person including the faction of people who are vulnerable are entitled to
treatment and protection with regard to specialization.
Article 6
(1) In order to uphold human rights, differences and needs of
indigenous peoples must be cared for and protected by the law, society,
and Government.
(2) The cultural identity of indigenous communities, including indigenous land rights are protected,
in tune with the times.
Article 7
(1) Every person has the right to use all legal means of national and forums
against all violations of international human rights guaranteed by law
Indonesian and international law on human rights that have been received
the Republic of Indonesia.
(2) The provision by international law ratified by the Republic of Indonesia
concerning human rights into national law.
Article 8
Protection, promotion, enforcement and fulfillment of human rights especially into
Government responsibility.
CHAPTER III
HUMAN RIGHTS AND FREEDOM OF HUMAN
Part One
Right to Life
Article 9
(1) Every person has the right to life, survival and improve
life.
(2) Everyone has the right to live peaceful, safe, peaceful, happy, prosperous and unseen.
(3) Every person has the right to a good environment and healthy living.
Part Two
Continuing the family rights and Descendants
Article 10
(1) Every person has the right to form a family and continue the descent through
valid marriage.
(2) a valid marriage can only take place over the free will of 238 prospective husband
and the bride is concerned, in accordance with the provisions of laws and regulations.
Part Three
Right to Self Development
Article II
Every person has the right to grow and evolve essentially
properly.
Article 12
Everyone has the right to protection of personal development, to
obtain education, to educate themselves, and improve their quality of life
in order to be a man who is faithful, devoted, responsible, noble character,
happy, and prosperous in accordance with human rights.
Article 13
Every person has the right to develop and acquire the benefits of science
knowledge and technology, art and culture in accordance with human dignity for the sake of
personal welfare, nation, and humanity.
Article 14
(I) Every person has the right to communicate and obtain information necessary
to develop personal and social environment.
(2) Everyone has the right to seek, obtain, possess, store, process,
and convey information by using all available means.
Article 15
Every person has the right to fight for the rights of his own development, both
individually and collectively, to build community, nation, and country.
Article 16
Every person has the right to conduct social and charitable works, establishing
for the organization, including education and teaching, as well as
raise funds for that purpose in accordance with the provisions of laws and regulations.
Part Four
Right to Justice
Article 17
Everyone. without any discrimination, has the right to obtain justice with
apply. complaints, and lawsuits, both in criminal cases, civil,
and administration and prosecuted through the judicial process that is free and does not
impartially, in accordance with the procedural law that guarantees an objective examination by
honest and fair judge to obtain a just and correct verdict.
Article 18
(1) Any person arrested, detained, and prosecuted for alleged conduct
something criminal offense has the right to be presumed innocent until proved
guilty according to law in a trial and had all the guarantees
necessary for his defense, in accordance with the provisions of
legislation.
(2) Any person may not be prosecuted for a criminal convicted or sentenced, except
based on the laws that existed before the follow-
The criminal does.
(3) Any change in the existing legislation, the applicable provisions
most favorable to the suspect.
(4) Any person who checked entitled to legal aid since then
investigation pending a court decision that has been gaining strength
permanent law.
(5) Any person can not be prosecuted for the second time in the same case over
an act which has obtained the legally binding court decision
fixed.
Article 19
(1) No offender or any crime punishable by a
appropriation of the entire property of the guilty.
(2) No one may court ruling sentenced to imprisonment or confinement
based on reason's inability to fulfill an obligation under
iutang debt agreements.
Part Five
Right to Privacy
Article 20
(1) No one shall be enslaved or enslaved.
(2) Slavery or servitude, slave trade, trafficking in women, and all
deed be anything similar purpose, is prohibited.
Article 21
Every person has the right to personal integrity, both moral and physical, and therefore
may not even become the object of research without consent from him.
Article 22
(1) Everyone is free to adhere to their religion and to worship according to
religion or belief.
(2) The state guarantees freedom of every person to embrace their religion and
to worship according to his religion or belief.
Article 23
(1) Every person is free to choose and to have political beliefs.
(2) Everyone shall be free to have, issue and disseminate opinions
appropriate conscience, orally or in writing through print and
electronics with attention to religious values, morals, order,
public interest and the integrity of the state.
Article 24
(1) Every person has the right to assemble, convene, and of association for purposes
peace.
(2) Every citizen or group of people has the right to establish political parties,
non-governmental organizations or other organizations to participate in
running of the government and administration of the state in line with the demands of
protection, enforcement, and promotion of human hakasasi in accordance with the provisions of
legislation.
Article 25
Every person has the right to express their opinions in public, including the right to
strike in accordance with the provisions of the legislation.
Article 26
(1) Everyone has the right to own, acquire, replace, or maintain the status
nationality.
(2) Every person is free to choose his nationality and are entitled without any discrimination
enjoy the rights attached to the originating and citizenship as well as mandatory
carry out its obligations as a citizen in accordance with the provisions of
legislation.
Article 27
(1) Every Indonesian citizen has the right to freedom of movement, and
residing in the territory of the Republic of Indonesia.
(2) All Indonesian citizens have the right to leave and return to the region
Republic of Indonesia, in accordance with the provisions of the legislation.
Part Six
Right to Sense of Security
Article 28
(1) Every person has the right to seek asylum for political protection from
other countries.
(2) The right referred to in paragraph (1) does not apply to those who
non-political crimes or acts contrary to the purposes and
principles of the United Nations.
Article 29
(1) Every person has the right to protection of self, family, honor, dignity,
and his property.
(2) Everyone has the right to recognition everywhere as a person before the law where
course he was.
Article 30
Everyone has the right to security and peace, and protection against threats
fear to do or not do something.
Article 31
(1) The residence of anyone should not be disturbed.
(2) Stepping on or entering a yard of the residence or enters a
home contrary to the will of the people who inhabit it, are only allowed
in the things that have been established by law.
Article 32
Independence and confidential correspondence relations including relations
communication through electronic means should not be disturbed, except by order of a judge
or other legitimate kakuasaan in accordance with the provisions of the legislation.
Article 33
(1) Every person has the right to be free from torture, punishment or treatment
cruel, inhuman, and degrading human dignity.
(2) Everyone has the right to be free from enforced disappearance and the disappearance of lives.
Article 34
Each person should not be arrested, detained, tortured, ostracized, exiled, or discarded
arbitrarily.
Article 35
Everyone has the right to live in the social order and state of peace,
safe, and secure, the respect, protect and implement fully the rights
basic human rights and human obligations as stipulated in the Act
this.
Part Seven
Right to Welfare
Article 36
(1) Every person has the right to have belonged, either alone or together with
others for his own development, family, nation, and community in a way
that does not violate the law.
(2) No one shall be deprived of his property in an arbitrary and
against the law.
(3) Property rights have a social function.
Article 37
(1) Revocation of property rights on an object in the public interest, are only allowed
with reasonable indemnify and immediate and appropriate implementation
with the provisions of the legislation.
(2) In the event that pursuant to the provisions of law in the public interest should be
destroyed or abandoned, either permanently or temporarily
time then it is done by replacing losses in accordance with the provisions of
legislation unless specified otherwise.
Article 38
(1) Every citizen, according to their talents, skills, and abilities, are entitled to
decent work.
(2) Everyone has the right to freely choose the work he likes and is entitled
also on the terms of fair employment.
(3) Everyone, both men and women who do the same job,
comparable, equivalent, or similar, shall be entitled to wages and terms of employment agreements
same.
(4) Any person, whether male or female, to perform work commensurate
human dignity is entitled to fair wages in accordance with the
achievement and family life can menjarmin survival.
Article 39
Every person has the right to establish trade unions and should not be inhibited for
become members in order to protect and fight for their interests as well as the corresponding
with the provisions of the legislation.
Article 40
Every person has the right to place to live and viable.
Article 41
(1) Every citizen has the right to social security that is needed for a decent life
as well as for the development priadinya intact.
(2) Every person with disability, elderly people, pregnant women, and children,
entitled to special treatment and ease.
Article 42
Every citizen who are elderly, physically handicapped or mentally disabled and entitled
to special care, education, training, and assistance at the expense of the state,
to assure an existence worthy of human dignity,
improve self-confidence, and ability to participate in life
bennasyarakat, nation, and bemegara.
Part Eight
The Right to Participate in Government
Article 43
(1) Every citizen has the right to choose and select da1am elections
equal rights through direct voting, public, free,
confidential, honest, and fair in accordance with the provisions of the legislation.
(2) Every citizen has the right to take part in the direct or pemeerintahan
through freely chosen representatives, according to the way
specified in the legislation.
(3) Every citizen shall be appointed to any position in the government.
Article 44
Everyone either alone or with or near-equal right to submit
requests, complaints, and or suggestions to the government in order to implement
good governance, effective, and efficient, either verbally or in writing
accordance with the provisions of the legislation.
Part Nine
Rights of Women
Article 45
Rights of women in this Act are human rights.
Article 46
Electoral system, party, legislative elections, and the system
appointment in the executive, judicial, must ensure appropriate representation of women
specified requirements.
Article 47
A woman married to a foreign man is not
automatically follow the citizenship of her husband but has the right
to maintain, replace, or acquire the status
nationality.
Article 48
Women have the right to education and teaching in all types, levels and
educational paths in accordance with the requirements specified.
Article 49
(1) Women have the right to choose, chosen, appointed in employment, occupation, and profession
accordance with the requirements and legislation.
(2) Women are entitled to special protection in the implementation of
occupation or profession of the things that can threaten the safety and
or regarding the health of the female reproductive function.
(3) The special rights because women themselves yangmelekat on reproductive function, guaranteed
and protected by law.
Article 50
Women who have grown up and been married or has the right to do something
law itself, unless specified otherwise by the religious law.
Article 51
(1) A wife during the marriage bond has the right and responsibility
The same with her husband above all things pertaining to life
marriage. relationship with his children, and rights
management of common property.
(2) After the breakup of marriage. a woman has the right and responsibility
The same with her ex-husband on all matters relating to their children.
by taking into account the best interests of the child.
(3) After the breakup of marriage. a woman has the same rights as
ex-husband on all matters relating to the common property without
reduce the rights of children. accordance with the provisions of the legislation.
Part Ten
Rights of the Child
Article 52
(1) Every child is entitled to protection by parents, families, communities, and
state.
(2) Children's rights are human rights and for the rights of the child's interests are recognized
and protected by law even in the womb.
Article 53
(1) Every child in the womb has the right to life, survival, and
improve the standard of living.
(2) Every child since birth. right to a name and nationality.
Article 54
Any children who are physically and or mentally right to special care, education,
training. and assistance at the expense of the state. to ensure the appropriate life
with human dignity, improve self-esteem, and ability to participate in
social life and bemegara.
Article 55
Every child has the right to worship according to his religion, thought, and expression in accordance
intellectual capacity and age under the guidance of a parent or guardian.
Article 56
(1) Every child has the right to know who his parents were raised, and nurtured by
his own parents.
(2) If the child's parents are not able to raise and nurture their children
properly and in accordance with this Act. then the child should be taken care of
or raised as a child by another person in accordance with the provisions of
legislation.
Article 57
(1) Every child has the right to be raised, maintained, cared for, and guided
life by a parent or guardian to adulthood in accordance with the provisions of
legislation.
(2) Every child has the right to obtain the adoptive parents or guardians by
court decisions if both parents have died as a parent.
(3) Foster parent or guardian referred to in paragraph (2) shall run
obligations as a parent.
Article 58
(1) Every child has the right to obtain legal protection from all forms of
physical or mental violence. neglect. ill-treatment and sexual harassment
while under the care of parents or waljnya, or any other party
responsible for care
(2) In the case of the elderly. guardian, or caregiver do all forms of child
physical or mental abuse, neglect, mistreatment, and sexual harassment
including rape and murder of a child or who should
protected then the punishment should be imposed weighting.
Article 59
(1) Every child has the right to not be separated from their parents are at odds
with the will of their own children, unless there is a reason and the rule of law are valid
which shows that the separation is in the best interests of the child.
(2) In the circumstances referred to in subsection (1), the right of children to meet
direct and personal touch stays with his parents still guaranteed
by the Act.
Article 60
(1) Every child has the right to education and teaching in order
development according to their personal interests, will, and level of intelligence.
(2) Every child has the right to seek, receive and impart information in accordance with the
intelektualilas level and age for his development along the corresponding
with the values ​​of decency and propriety.
Article 61
Every child has the right to rest, hang out with kids his own age, playing,
recreation, and creative in accordance with their interests, talents, and level of intelligence for
development itself.
Article 62
Every child has the right to health care and social security
feasible, in accordance with physical needs and spiritual mentap.
Pasa163
Every child has the right to not be involved in the events of the war, disputes
armed, social unrest, and other events that contain elements of violence.
Article 64
Every child has the right to obtain per1indungan of financial exploitation
and any work that harm him, so as to interfere
education, physical health, morals. social, emotional and spiritual.
Article 65
Every child is entitled to protection from exploitation and
sexual abuse, abduction, child trafficking, as well as from various forms of
abuse of narcotics, psychotropic drugs, and other addictive substances.
Article 66
(1) Every child has the right to not be a target of persecution, torture, or
inhuman sentencing.
(2) The death penalty or life imprisonment can not be imposed for offenders
offense is still a child.
(3) Every child has the right not to be deprived of their liberty unlawfully.
(4) The arrest, detention or imprisonment of a child should only be carried out in accordance
with applicable law and can only be carried out as a last resort.
(5) Every child deprived of liberty shall be given preferential treatment
humanely and with due regard to personal development needs
with age and should be separated from adults, except for the sake of
interests.
(6) Every child deprived of liberty shall acquire legal baittuan or
Other aid effectively in every stage of ongoing legal proceedings.
(7) Every child deprived of liberty has the right to defend themselves and
obtain justice in front of Juvenile objective and impartial
in a session closed to the public.
CHAPTER IV
LIABILITY OF HUMAN
Article 67
Everyone who is in the territory of the Republic of Indonesia shall comply with the regulations
legislation, unwritten law, and international law concerning human rights
man who has been accepted by the Republic of Indonesia.
Article 68
Every citizen has the duty to participate in defending the state in accordance with the
provisions of the legislation.
Article 69
(1) Every person shall respect the human rights of others, moral, ethical, and governance
orderly society, nation, and state.
(2) Every one cause of human rights and the basic obligations
responsibility to respect the rights of others and the duty
Government to respect, protect, enforce, and enhancing them.
Article 70
In carrying out the rights and freedoms, everyone shall be subject to
restrictions established by the Act with a view to ensuring
recognition and respect for the rights and freedoms of others and to meet
fair demands in accordance with moral considerations, security, and public order
in a democratic society.
CHAPTER V
DUTIES AND RESPONSIBILITIES OF GOVERNMENT
Article 71
The Government shall be responsible and to respect, protect, enforce, and
advancing the human rights set out in this Act, regulations
other legislation, and international law on human rights
yang.diterima by the Republic of Indonesia.
Article 72
Kewajibandan responsibility of government as defined in Article 71,
includes the implementation of effective measures in the fields of law, politics, economics,
social, cultural, defense and security, and other fields.
CHAPTER VI
LIMITATIONS AND PROHIBITION
Article 73
The rights and freedoms set forth in this Act may only be limited by and
based on the law, solely to ensure recognition and respect
for human rights and fundamental freedoms of others, morality, order
public, and the interests of the nation.
Article 74
Not one ketentuanpun in this Act may be construed that Government.
party, or any party faction justified reduce, ruin. or
abolish human rights or fundamental freedoms set out in of Law
this.
CHAPTER VII
NATIONAL HUMAN RIGHTS COMMISSION
Article 75
Commission aims to:
b. develop conditions conducive to the implementation of human rights in accordance
Pancasila, the Constitution of 1945., and the Charter of the United Nations
Nations, and the Universal Declaration of Human Rights; and
c. improve the protection and enforcement of human rights for development
Indonesian human person and their ability to participate fully in
various areas of life.
Article 76
(1) To achieve its objectives, the Commission carry out the assessment function,
research, extension. monitoring, and mediation of human hakasasi.
(3) National Human Rights Commission consists of community leaders who are professional, dedicated and
high integrity, to live the ideals of rule of law and the welfare state
were cored justice, respect for human rights and fundamental obligation
humans.
(4) National Human Rights Commission based in the capital of the Republic of Indonesia.
(5) Representatives of the Commission can be established in the area.
Article 77
Commission berasaskan Pancasila.
Article 78
(1) National Human Rights Commission has a completeness which consists of:
a. plenary session; and
b. sub-committee.
(2) National Human Rights Commission has a Secretariat-General of the service element.
Article 79
(1) Plenary Assembly is the highest authority of Komnas HAM.
(2) The Plenary Council consists of all members of the National Human Rights Commission.
(3) Plenary Session of the Rules of Procedure stipulate, Work Program, and Mechanism
Work Commission.
Article 80
(1) The implementation of the activities carried out by the Sub-Committee of National Human Rights Commission.
(2) The provisions of the Rules Subcommittee diaturdalamPeraturan Commission.
Article 81
(1) General Secretariat provides administrative services for the implementation of activities
National Human Rights Commission.
(2) General Secretariat headed olehSekretaris General, assisted by the work unit
in the form of bureaus.
(3) The Secretary-General is held by a servant is not a member of the National Commission
HAM.
(4) The Secretary-General proposed by the Plenary Session and set the
Presidential Decree.
(5) The position, duties, responsibilities, and organizational structure of the General Secretariat
established by Presidential Decree.
Article 82
Provisions regarding the Plenary Session and the Sub-Commission further defined in
Commission Rules of Procedure.
Article 83
(1) Members of the Commission amounted to 35 (thirty five) persons elected by
House of Representatives of the Republic of Indonesia based on the Commission's proposal and
inaugurated by the President as Head of State.
(2) the Commission is headed by a Chairman and two (2) Vice Chairman.
(3) The Chairman and Vice Chairman of the National Human Rights Commission elected by and from the Members.
(4) The term of membership of the Commission selama5 (five) years and after ending
can be re-appointed for one (1) term.
Article 84
Which can be appointed as members of the Commission are Indonesian citizens
are:
a. have experience in the promotion and protection of individuals or groups
who violated human rights;
b. experience as judges, prosecutors, police, lawyers, or professional carrier
other law;
c. experienced in the legislative field. executive. and higher institutions of state; or
d. a religious figure. community leaders, members of non-governmental organizations.
and the universities.
Article 85
(1) A member of the Commission made a decision based on Session
Plenary and notified to the House of Representatives of the Republic of Indonesia
and established by Presidential Decree.
(2) A member may be discharged over time as a member because:
a. died;
b. at his own request;
c. physical or mental illness that resulted in members can not run
assignments for 1 (one) year continuously;
d. convicted for a criminal offense; or
e. conduct and moral turpitude or other things that disconnected by Assemblies
Plenary to besmirch the dignity and reputation, and or reduce
independence and credibility of the Human Rights Commission.
Article 86
Provisions regarding the election procedures. appointment. and dismissal
membership and leadership of the Commission designated by the Rules of Procedure
National Human Rights Commission.
Article 87
(1) Each member of the Commission shall:
a. complied with the regulations and decisions applicable unangan
National Human Rights Commission.
b. participate actively and earnestly to the achievement of the National Commission
Human rights; and
c. maintain confidentiality of information which by its nature is confidential Komnas
Human rights obtained by his position as a member.
(2) Each Member of the Commission entitled:
a. submit proposals and opinions to the Assembly Paripuma and Subcommittee;
b. provide a voice in decision-making and Paripuma Session
Sub-Committee;
c. propose and select candidates for Chairman and Vice-Chairman of the National Human Rights Commission
Paripuma trial; and
d. nominate ca] Commission Member on the Assembly Paripuma for.
and periodic replacement over time.
Article 88
Provisions] anjut the obligations and rights of the Commission Members and ordinances
implementation defined manner with the Commission Rules of Procedure.
Article 89
(1) To carry out the functions of the Commission da] am assessment and research
referred to in Article 76, the Commission and the authorities in charge
do:
a. assessment and research various international human rights instruments
with the aim of providing recommendations on possible accession or
ratification;
b. study and examine legislation for
provide recommendations regarding the establishment, alteration, and revocation
legislation relating to human rights;
c. publishing the results of assessments and research;
d. literature studies, field studies and comparative studies in other countries regarding the rights
human rights;
e. discussion of various issues related to the protection, enforcement,
and promotion of human rights; and
f. assessment and research collaboration with organizations, institutions or parties
other, either nationally, regionally, and internationally in the field of rights
human.
(2) To carry out the functions of the Commission as referred to in the extension
in Article 76, the Commission assigned and authorized to do:
a. dissemination of knowledge about human rights to the people
Indonesia;
b. efforts to increase public awareness about human rights mela] ui
formal and informal education institutions and other bodies; and
c. collaboration with organizations, institutions or other parties, both national,
regionally, and internationally in the field of human rights;
(3) To carry out the monitoring functions of the National Commission referred HAMdalam
in Article 76, the Commission assigned and authorized to do:
a. observation pe] aksanaan human rights and the preparation of reports on the
these observations;
b. investigation and examination of the events that arise in the community
which by their nature or scope are reasonably suspected infringement
human rights;
c. summon the complainant or victim and the defendants
for questioning and be heard;
d. calling witnesses to request and hear testimony, and the witness
claimants are required to submit proof necessary;
e. review at the scene and other locations as deemed necessary;
f. calling on relevant parties to give written statements
or submit documents gleaned] ukan accordance with the original
approval of the Chairman of the Court;
g. examine houses, yards, buildings, and places
other occupied or owned by certain parties with the approval of the Chairman
Court; and
h. giving an opinion based on the consent of the President of the Court case
'm certain that in the judicial process. Where in the case
there are human rights abuses in public issues and events
examination by the court then the opinion of the Commission
shall be notified to the parties by the judge.
(4) To carry out the functions of the Commission referred to mediation
in Article 76, the Commission assigned and authorized to do:
a. peace both sides;
b. settling disputes through consultation, negotiation, mediation, conciliation. and
expert assessment;
c. provision of advice to the parties to resolve disputes through
court;
d. submit recommendations on a case of human rights violations to
Government to act upon its completion; and
e. submit recommendations on a case of human rights violations to
Indonesian House of Representatives for further action.
Article 90
(1) Any person or group of people and have a strong reason that the right
have violated their human may submit an oral or written complaint
the Human Rights Commission.
(2) Complaints will only get service if accompanied by identity
complainant or the information correct and clear scratch proof material
the complaint.
(3) In the case of complaints made by other parties, the complaint must be accompanied
with the consent of the party whose rights have been violated as a victim. except
for certain human rights violations based on consideration of the National Commission
HAM.
(4) Complaints of human rights violations referred to in paragraph (3)
including also the case with the complaints regarding violations of human rights perwakilkan
experienced by human communities.
Article 91
(1) The examination of a complaint to the National Human Rights Commission was not performed or terminated
when:
a. do not have sufficient initial evidence;
b. material complaint is not a matter of human rights violations;
c. complaint filed in bad faith or there was no seriousness of
the complainant;
d. there is a more effective remedy for the resolution of complaints material;
or
e. ongoing settlement through appropriate remedies available
with the provisions of the legislation.
(2) The mechanism of the implementation of the authority not to do or stop
examination referred to in paragraph (1) shall be determined by the Rules
Rules of the Commission.
Article 92
(1) In the particular case and, if deemed necessary, to protect the interests and rights
rights in question or the realization that there is a solution to the problem,
Commission may decide to keep the identity of the complainant, and the giver
testimony or other evidence, and parties related to the matter of the complaint or
monitoring.
(2) the Commission may decide to keep or restrict
dissemination of a statement or other evidence obtained by the Commission, which
complaints regarding the content or monitoring.
(3) The determination referred to in paragraph (2) based on consideration of
that the dissemination of information or other evidence could;
a. jeopardize the security and safety of the state;
b. endanger safety and public order;
c. endangering the safety of an individual;
d. defame individuals;
e. leaking state secrets or things that must be kept secret in the process
Government decision-making;
f. divulge the things that must be kept confidential in the investigation process,
prosecution, and trial of a criminal case;
g. inhibit the realization of a solution to the existing problem; or
h. divulge matters of trade secret.
Article 93
Examination of human rights violations are held in private, unless specified
the other by the National Human Rights Commission.
Article 94
(1) The complainants, victims, witnesses and other related parties as
referred to in Article 89 paragraph (3) c and d, are required to meet the demand
National Human Rights Commission.
(2) If the obligation referred to in paragraph (1) is not fulfilled by the
Another is concerned, it is for them apply the provisions of Article 95.
Article 95
If someone called not come before or refuse to provide
statement, the Commission can ask the Court for relief Chairman
fulfillment forcibly calls in accordance with the provisions of laws and regulations.
Article 96
(1) Settlement as referred to in Article 89 paragraph (4) a and b, do
by Commission Members appointed as mediator.
(2) Settlement reached as referred to in paragraph (1), in the form of an agreement
in writing and signed by the parties and confirmed by the mediator.
(3) the written agreement referred to in subsection (2) is a decision
mediation legally binding and enforceable as valid evidence.
(4) If the mediation decision is not implemented by either party within
time specified in the decision, then the other party may
request to the local District Court stated that the decision
can be executed by affixing the phrase "For the sake of justice by
Belief in God Almighty ".
(5) The court may not refuse the request referred to in paragraph (4).
Article 97
Commission shall submit an annual report on the implementation of the functions, duties,
and authority, as well as the condition of human rights, and matters that
taken up to the House of Representatives and the President of the Republic of Indonesia
a copy to the Supreme Court.
Article 98
Budget Commission charged to the State Budget.
Article 99
The provisions and procedures for the implementation of the functions, duties, and authority as well as the activities of the National Commission
Rights shall be further in the Rules of Procedure of the Commission.
CHAPTER VIII
PARTICIPATION MASYARAKA T
Section l00
Every person, keIompok, political organizations, community organizations, Non-governmental organizations
community, or other social institutions, are entitled to participate Emitter
protection, enforcement, and promotion of human rights.
Article l0l
Any person, group, political organizations, community organizations, non-governmental
community, or other social institutions, are entitled to submit reports
human rights violations to the Human Rights Commission or lemhaga lainyang
authorities in the framework of protection, enforcement, and promotion of human rights.
Article L02
Any person, group, political organizations, community organizations, institutions: non-
community, or other kemasyarakan institutions, are entitled to, submit a business
the formulation and policies related to human rights to
National Human Rights Commission and other institutions.
Article L03
Any person, group, political organizations, community organizations, non-governmental
communities, universities, research institutions, or other social institutions, both
individually or in cooperation with the National Human Rights Commission can do
research, education, and dissemination of information on human rights.
CHAPTER IX
COURT OF HUMAN RIGHTS
Article L04
(1) To adjudicate violations of human rights formed Rights Court
Human in the General Court.
(2) the Court as referred to in paragraph (1) is formed by the legislation
within a maximum period of 4 (four) years.
(3) Before the Court of Human Rights referred to in paragraph
(2), the cases of human rights violations referred to in
paragraph (1) shall be heard by a competent court.
CHAPTER X
TRANSITIONAL PROVISIONS
Article L05
(1) All provisions of the human rights set out in the regulations
other law shall remain valid to the extent not governed by
This legislation.
(2) Upon the enactment of this Act:
a. Commission established under Presidential Decree No. 50 Year
1993 on the National Commission on Human Rights expressed as Komnas
Rights under this Act;
b. Chairman, Vice Chairman, and Members of the National Human Rights Commission continues to carry out the functions,
duty, and authority, based on this Act until enactment
The new membership of the Commission; and
c. all the problems that are being addressed olehKomnas continued human rights
completion by this Act.
(3) Within a period of 2 (two) years from the entry into force of this Act
organizational structure, membership, duties and authority as well as the order of the Commission
must be adapted to this Act.
CHAPTER XI
KETENTUANPENUTUP
Article L06
This Act shall take effect on the date of promulgation.
So that everyone knows, it is ordered of Law
by placing it in State Gazette of the Republic
Indonesia.
Enacted in Jakarta
on 23 September 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
BACHARUDDIN Jusuf Habibie
Enacted in Jakarta
on 23 September 1999
MINISTER OF STATE OF THE ARIS SEKRET
REPUBLIC OF INDONESIA,
Signed.
Muladi
THE REPUBLIC OF INDONESIA NUMBER 165 OF 1999
EXPLANATION
THE
UNDANG.UNDANG REPUBLIC OF INDONESIA
NOMOR39TAHUNl999
ABOUT
HUMAN RIGHTS
I. GENERAL
That man endowed by the Almighty God of reason and conscience
gives him the ability to distinguish the good and the bad
will guide and direct attitudes and behavior in living life.
With reason and conscience that, then people have the freedom to
decide its own behavior
or actions. Beyond the it, to compensate for the freedom of man
have the ability to take responsibility for all their actions.
Fundamental freedoms and basic rights that so-called human rights are attached
in humans by nature as a gift of God, Almighty. These rights are not
be denied. The denial of this right is to deny the dignity
humanity. Therefore, the state, the government, or any organization carrying out
obligation to recognize and protect the human rights of every human being without
exception. This means that human rights should always be the starting point and destination
in the organization of society, nation, and bemegara.
In line with the above view, Pancasila as the state containing
the idea that man was created by God Almighty with bears
two aspects namely, aspects of individuality (personal) and aspects of sociality (social). By
Therefore, the freedom of each person are limited by the rights of others. This means that
everyone assumed the obligation to recognize and respect the rights of others.
This obligation also applies to any organization at any level, especially the
and the government, thus, the state and the government is responsible for
respect, protect, defend, and ensure the human rights of every citizen
state and its citizens without discrimination. Menghonnati human rights obligations
the tercennin in the Preamble of the Constitution of 1945, which animates
a whole chapter in the torso, especially with regard to the equation
position of citizens in law and government, the right to work and
decent living, freedom of association and assembly, the right to
dispense with oral and written thought, freedom of religion and to
worship according to the religion or belief, the right to obtain
education and teaching.
Indonesian history up to now record a variety of suffering, misery and
social inequality, which is caused by unfair and discriminatory behavior on the basis of
ethnicity, race, skin color, culture, language, religion, class, sex and status
sosiallainnya. Unfair and discriminatory behavior is a violation of rights
human, both vertically (by state authorities against citizens
state or vice versa) or horizontally (between citizens themselves) and not a little
that fall into the category of human rights violations are severe (gross violation of
human rights).
In fact, for over fifty years of age the Republic of Indonesia, the implementation
respect, protection, or enforcement of human hakasasi still far from
satisfying.
This is reflected in events such as unlawful arrest, kidnapping,
persecution, rape, enforced disappearances, even murder, arson house
stay and places of worship, pemukaagama assault and their families. In addition,
there is also an abuse of power by public officials and state officials
should be the law enforcement, security keepers and protectors of the people, but
actually intimidate, molest, eliminating forced and / or eliminate
lives.
To carry out the obligations set out in the Constitution of 1945,
People's Consultative Assembly of the Republic of Indonesia to the Assessment Panel
Pennusyawaratan the Republic of Indonesia Number XVII/MPR/l998 Rights
Human-agency commissioned kepadaLembaga High Country and the entire apparatus
Government, to respect, uphold and disseminate pemahainan
human rights to all people, and to ratify
various instruments of the United Nations on Human Rights, along
not contrary to Pancasila and the Constitution of 1945.
In addition to the above two sources of law, the provision of human rights in
essentially already contained in various legislations, including
legislation authorizing various international conventions on human rights
humans. But for the entire umbrella legislation already
No, need to set up the Law on Human Rights.
The rationale for the establishment of this Act is as follows:
a. Almighty God is the creator of the universe and everything in it;
b. in essence, the human soul endowed, shape, structure, capability, willingness
as well as various facilities by the Creator, to ensure the continuation of his life;
c. to protect, maintain, and enhance human dignity, necessary
recognition and protection of human rights, because without it human
would lose the nature and dignity, so as to encourage people into
wolves for other humans (Homo Homini Lupus);
d. because humans are social beings, the human rights of the
limited by other human rights, so that freedom or human rights
not limitless;
e. Human rights should not be destroyed by anyone and under any circumstances;
f. contain any human rights obligations to respect human rights
human others, so that in the human rights are basic obligations;
g. Human rights should be completely respected, protected, and enforced, and to
The government, state officials, and other public officials have an obligation
and ensure the implementation of the responsibility to respect, protect, and
enforcement of human rights.
In this Act, the provision of human rights is determined by
guided by the Declaration of Human Rights of the United Nations, the Convention
United Nations on the Elimination of All Forms of Discrimination Against
Women, the United Nations Convention on the Rights of the Child, and various
instrument
Other international governing human rights. The material of this Act
adapted to the needs of society and development law law
nationwide based on Pancasila and the Constitution of 1945.
This law regulates in detail the right to life and the right not to
forcibly removed and / or eliminated their lives, and continue the family rights
descent, the right to develop themselves, the right to justice, the right to freedom
Personally, right to safety, the right to welfare, the right to participate in government,
women's rights, children's rights, and the right to freedom of religion. In addition to regulating rights
man, also set the basic obligations, and duties and responsibilities
government in the enforcement of human rights.
In addition, this Act regulates the Establishment of the National Commission
Human Rights as an independent institution which has the functions, duties, authority,
and responsibility to carry out an assessment, research, extension,
monitoring, mediation and human rights.
In this Act, shall also about community participation in the form of complaints
and / or lawsuit for violations of human rights, teaching suggestions concerning
formulation of policies related to human rights to the National Human Rights Commission,
research, education, and dissemination of information on human rights.
The Law on Human Rights is an umbrella for all
legislation on human rights.
Therefore, the violation directly or indirectly, for human rights
human subject to criminal sanctions, civil, or administrative and in accordance with the provisions of
legislation.
ARTICLE BY ARTICLE
Article 1
Self-explanatory
Article 2
Human rights and fundamental freedoms of human beings can not be separated from human
private because no human rights and basic human freedoms are concerned
loss of the dignity of humanity. Therefore, the Republic
Indonesia including government obligation, both legally and politically,
economic, social and moral, to protect and to promote and take steps
concrete for the sake of human rights and basic human freedoms.
Article 3
Self-explanatory
Article 4
What is meant by "under any circumstances" including a state of war, disputes
armed, and or emergencies. What is meant by "whoever" is the State,
Government and or members of the public. The right not to be prosecuted under the law
retroactive can be excluded in the case of grave violations of human rights
humans are classified as crimes against humanity.
Article 5
Paragraph (I)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
The definition of "vulnerable groups" include the
elderly, children, the poor, pregnant women, and people with disabilities.
Article 6
Paragraph (I)
Customary rights are substantially valid and upheld in the environment
indigenous peoples must be respected and protected in order to protect and
rights enforcement
human society concerned with the legal notice and
legislation.
Paragraph (2)
In order to uphold human rights, national cultural identity people
customary law, customary rights are still significantly firmly held by the public
local customary law, are respected and protected to the extent not in conflict
with the principles of the constitutional state cored justice and welfare.
Article 7
What is meant by "legal action" is a path that can be taken by any
person or group of people to defend and restore their rights provided
by Indonesian law as for example, by the Commission or by the court.
Including an attempt to appeal to the High Court, appealed and
judicial review to the Supreme Court against the decision of the court of first instance
and appeal. In this article meant that those who wanted to
upholding human rights and freedoms are basically required to take
all remedies at the national level first (exhaustion of local
Remedies) before using the forums both at regional and international levels,
except when it does not get a response from the forum of national law.
Article 8
What is meant by "protection" to include the defense of human rights.
Article 9
Paragraph (1)
Every person has the right to life, sustain life, and improve
life. The right to life is even attached to the unborn baby
or people on death row. In terms or extraordinary circumstances that
for the sake of her mother's life or in cases of abortion by court decision
in death penalty cases. , Abortion or the death penalty in the case and or
these conditions, still be allowed. Only in these two cases that the right to
life can be limited.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Article 10
Paragraph (1)
What is meant by "legal marriage" is a marriage conducted
accordance with the provisions of the legislation,
Paragraph (2)
What is meant by "free will" is born from the will of the divine intention
without coercion, fraud, or pressure of any kind and of any of the prospective husband
and or future wife,
Article 11
Self-explanatory
Article 12
Self-explanatory
Article 13
Self-explanatory
Article 14
Self-explanatory
Article 15
Self-explanatory
Article 16
Self-explanatory
Article 17
Self-explanatory
Article 18
Self-explanatory
Article 19
Paragraph (I)
What is meant by "the entire property of the guilty" is a treasure
not derived from the offense or crime.
Paragraph (2)
Self-explanatory
Article 20
Self-explanatory
Article 21
What is meant by "being empirically object" is the activity of putting
a person as a party to requests for comment, opinion or description
concerning the private life and personal data and recorded images and
his voice.
Article 22
Paragraph (1)
What is meant by "the right to freely embrace religion and belief"
is the right of every person to religion according to his own convictions, without any
coercion from anyone.
Paragraph (2)
Simply je] as
Article 23
Self-explanatory
Article 24
Self-explanatory
Article 25
Simply je] as
Article 26
Self-explanatory
Pasa1 27
Self-explanatory
Article 28
Paragraph (I)
Self-explanatory
Paragraph (2)
Which determines an action including political or non-political crime is
countries receiving asylum seekers.
Article 29
Self-explanatory
Article 30
Self-explanatory
Article 31
Paragraph (l)
What is meant by "should not be bother" is associated with right
personal life (privacy) in his place.
Paragraph (2)
Self-explanatory
Article 32
Self-explanatory
Article 33
Paragraph (1)
Self-explanatory
Paragraph (2)
What is meant by "forced pcnghilangan" in this verse is the action
performed by anyone who causes a person not known the existence and
circumstances. While the definition of "disappearances lives" is
murder committed arbitrary not based on court decisions.
Article 34
Self-explanatory
Article 35
Self-explanatory
Article 36
Surefire (l)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
What is meant by "property has a social function" is that every
use of the property must consider the public interest.
If the public interest requires Alau really need it right
belonging to denunciation in accordance with the provisions of the legislation.
Article 37
Self-explanatory
Article 38
Self-explanatory
Article 39
What is meant by "should not be inhibited" is that each person or worker
can not be forced to become a member or to not be a member of a
union.
Article 40
Self-explanatory
Article 41
Paragraph (I)
What is meant by the "right to social security" is that every citizen
received social security in accordance with the provisions of the legislation and
ability of the state.
Paragraph (2)
What is meant by "the ease and treatment khusu" is the delivery of services.
services, or the provision of facilities and infrastructure for smooth, safety, health, and
safety.
Article 42
Self-explanatory
Article 43
Self-explanatory
Article 44
Self-explanatory
Article 45
Self-explanatory
Article 46
What is meant by "representation of women" is providing the opportunity and
equal footing for women to carry out its role in the field of
executive, judicial, legislative, political party system, and elections to the fairness and
gender equality.
Article 47
Self-explanatory
Article 48
Self-explanatory
Article 49
Paragraph (l)
Self-explanatory
Paragraph (2)
What is meant by "special protection against reproductive function" is
health services related to menstruation, pregnancy, childbirth, and the provision of
opportunity to breastfeed the child.
Paragraph (3)
Self-explanatory
Article 50
What is meant by "legal actions alone" is capable according to
law to perform legal acts, and for Muslim women who are already
adult, to marry are required to use a trustee.
Article 51
No doubt (I)
Self-explanatory
Surefire (2)
What is meant by "equal responsibility" is an obligation that
charged to parents in terms of education, cost of living, compassion,
as well as future development
front is good for children.
The definition of "best interests of the child" is in accordance with the rights of children
as stated in the Convention on the Rights of the Child has been ratified by
Presidential Decree No. 36 Year 1990 on Ratification of the Convention on the
Rights of the Child (the Convention on the Rights of the Child).
Paragraph (3)
Self-explanatory
Article 52
Simply je) as
Article 53
Paragraph (1)
Self-explanatory
Paragraph (2)
What is meant by "a name" is the name itself, and the name of the biological parent,
and or family name, or the name and surname.
Article 54
The implementation of the rights of children who are physically and or mentally at the expense of the state take precedence for
among the poor.
Article 55
Self-explanatory
Article 56
Self-explanatory
Article 57
Self-explanatory
Article 58
Self-explanatory
Article 59
This article deals with the child's parents divorce, or in the case of wrongful death
one of the parents, or in the case of the power of parenting revoked, or if the child
tortured or not protected or inability of his parents.
Article 60
Paragraph (l)
Education in this paragraph includes education etiquette and manners.
Paragraph (2)
Self-explanatory
Article 61
Self-explanatory
Article 62
Self-explanatory
Article 63
Self-explanatory
Article 64
Self-explanatory
Article 65
The misuse of narcotics, psychotropic and other addictive substances
includes production, distribution, and trade up to use
which is not in accordance with the provisions of the legislation,
Article 66
Self-explanatory
Article 67
Self-explanatory
Article 68
Self-explanatory
Article 69
Self-explanatory
Article 70
Self-explanatory
Article 71
Self-explanatory
Pasa1 72
Self-explanatory
Article 73
The restrictions referred to in this Article shall not apply to human rights
which can not be reduced (non-derogable rights) with regard Explanation
Pasa1 4 and Article 9.
What is meant by "national interest" is for the integrity of the nation and not
is of interest to the authorities.
Pasa174
This Article asserts that anyone not justified taking
unilateral profits or incur losses and other parties in interpreting
provisions of this Act, and thus resulting in reduced or
abolishment of human rights guaranteed by this Act.
Article 75
Self-explanatory
Article 76
Self-explanatory
Article 77
Self-explanatory
Article 78
Self-explanatory
Article 79
Self-explanatory
Article 80
Self-explanatory
Article 81
Self-explanatory
Article 82
Self-explanatory
Article 83
Paragraph (I)
What is meant by "inaugurated by the President" is in the form of Decision
Presiden.Peresmian by President associated with the independence of the Commission.
Commission proposal in question, must accommodate all aspirations of various
society in accordance with the terms set, the most populous
lot 70 (seventy) men.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory
Article 84
Self-explanatory
Article 85
Paragraph (1)
Self-explanatory
Paragraph (2)
Letter a
Self-explanatory
Letter b
Self-explanatory
Letter c
Self-explanatory
Letter d
Self-explanatory
Letter e
The decision on dismissal is done with advance notice
to the person concerned and given the right to defend themselves in the Plenary Session
held specifically for it.
Article 86
Self-explanatory
Article 87
Self-explanatory
Article 88
Self-explanatory
Article 89
Aya1 (1)
Self-explanatory
Aya1 (2)
Self-explanatory
Paragraph (3)
Letter a
Self-explanatory
Letter b
The meaning of "inquiry and examination" in order to monitor
is a data search activities, information and facts to determine whether or not
violations of human rights.
Letter c
Self-explanatory
Letter d
Self-explanatory
Letter e
Self-explanatory
Letter f
Self-explanatory
Letter g
Self-explanatory
Letter h
What is meant by "human rights violations in public affairs" between
Another of the land, labor, and the environment.
Paragraph (4)
Letter a
Self-explanatory
Letter b
What is meant by "mediation" is the settlement of civil matters outside
court, on the basis of the agreement of the parties.
Letter c
Self-explanatory
Letter d
Self-explanatory
Letter e
Self-explanatory
Article 90
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
The definition of "grievance through representation" is the complaint that
carried out by individuals or groups to act on behalf of a particular society
which violated their human rights on an equal basis and or legal interests.
Article 91
Paragraph (1)
Letter a
Self-explanatory
Letter b
Self-explanatory
Letter c
The definition of "bad faith" is an act that had the purpose and
no good purpose, for example a complaint with false data or information not
true. and or solely intended to cause defamation
individual, group anxiety, and or community.
What is meant by "no sincerity" is that the complainant is really
tidakbermaksud resolve their disputes. for example, claimants have three (3) times
invoked not come without a valid reason.
Letter d
Self-explanatory
Letter e
Self-explanatory
Paragraph (2)
Self-explanatory
Article 92
Self-explanatory
Article 93
Self-explanatory
Article 94
Self-explanatory
Article 95
What is meant by "the provisions of laws and regulations" in this Article
is the provision of Article 140 paragraph (1) and paragraph (2), Article 141 paragraph (1) Reglemen Indonesia
updated (RIB) or Article 167 paragraph (1) Reglemen outside Java and Madura.
Article 96
Paragraph (l)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Sheet authentic copy of the original decision or mediation decisions are delivered and registered
by the mediator to the District Court.
Paragraph (4)
The demand for enforceable decisions (fiat execution) to
District Court conducted through the National Human Rights Commission. If the parties concerned
still do not implement the decision that has been declared enforceable by
court, the court is obliged to implement the decision.
Against third parties who feel aggrieved by this decision, then the third party
is still possible to file a lawsuit through the courts.
Paragraph (5)
Self-explanatory
Article 97
Self-explanatory
Article 98
Self-explanatory
Article 99
Cuk.up clear
Article 100
Self-explanatory
Article 101
Self-explanatory
Article 102
Self-explanatory
Article 103
Self-explanatory
Article 104
Paragraph (l)
What is meant by "violations of human rights" is murder
mass (genocide), or arbitrary killings outside of court decisions
(Arbitrary / extra judicial killing), torture, enforced disappearances,
slavery, or discrimination systematically (systematic
diserimination).
Paragraph (2)
Self-explanatory
Paragraph (3)
What is meant by "competent court" includes four environments
justice in accordance with the Law No. 14 Year 1910 concerning provisions
Principal Judicial Power of Act as amended by
No. 35 of 1999.
Article 105
Self-explanatory
Article L06
Self-explanatory
THE REPUBLIC OF INDONESIA NUMBER 3886