A HUMAN RIGHTS (Law No.39/1999 dated September 23, 1999) BY TH GRACE OF THE ALMIGHTY GOD Considering : 2. that mankind as a creature of the Almighty God, which performs the duties of managing and maintaining the universe with full of devotion and responsibility for the welfare of mankind, the Creator bestows a gift, namely human rights to ‘guarantee the existence of the dignity of enc’s aolf and the environmental harmony. by that the human right is the basic right, which is eternally attached to mankind, is universal and eternal, and for that ‘reason it shall be protected, respected, maintained and it shall not be ignored, minimized or seized by anyone. that in addition to the human tight, mankind has also the basic obligation of one person to another person and for the society as a whole in the lite of society, nation and state 4d, that as a member of the United Nations, the Indonesian people carry out the moral and legal responsibilities to highly fostoom and implement the Universal Deciaration of Human Rights, whiclh wass stipulated by the United Nations and other various instruments on the human rights, which have been accepted by the Republic of Indonesia. that based on the considerations as referred to in letters a,b,c and d in the context of implementing the Stipulation of People's Consulative Assembly No, XVIV/MPR/1998 on Human Hights, sts deemed necessary to lay down the Law on Human Rights. In view of 1, Article 5 paragraph 2, Article 20 paragraph 1, Article 26, Article 27, Article 28, Article 28, Article 30, Article 31, Article 32. Article 33 paragraphs 1 and 3 and Article 34 of the Constitution of 1945. 2. The Stipulation of the People's Consultative Assembly No. XVII/MPR/1998 on Human Rights. With the Approval of THE HOUSE OF PEOPLE'S REPRESENTATIVES DECIDES To stipulate: THE LAW ON HUMAN RIGHTS. CHAPTERI GENERAL PROVISIONS Article Referred 10 in this law 1. Human Rights are a number of rights which ate attached to the truth of mankind as a creature of THE ALMIGHTY GOD and it is His blessing which shall be respected, highly esteemed and protected by the state, law, the Government {and anybody for the sake of the respect ai the protection of the dignity of mankind. 2. The human basic obligations are a number of obligations which, in the event that they are not exercised, do not enable the human rights to be implemented and upheld. 3. Discrimination shall be any restriction, embarrassmont or excommunication, but vreutly and indirectly based on the differences in religion, tribes, races, ethnic origins, groups, social status, economic status, sex, nation, political con- viction, which result in the reduction, deviation and abolition of recognition, implementation and the use of the human fights, both individually and collectively in the areas ot polities, economy, taw, social, cultural spheres and oth aspects of life. 4, Torture shall be any action which is purposely committed, so that it creates pain or severe suffering, both physical ‘and spiritually, in anyone to obtain the confession or information from someone or the third party by punishing him for ‘an action committed or is alleged to have been committed by someone or the third party, or threatens or forces Someone or the third person or for a reason, which is based on discrimination, in the event that the pain is created by, ‘at the provocation ot. with the approval of or with the knowledge of anyone and or public officials. 5. Child shall be any human aged under 18 (eighteen) and not married yet, including the children who are still conceived, in the avent that the matter is carried out for the sake of his interest, 6. Violation of human rights shall be eny action of someone or group, including the state apparatus, both purposely and rot purpesely or negligence against the law reducing, preventing, restricting and or revoking human rights of 9 person for a group of people guaranteed hy this Inw, and it does not obtain leaal settlement or itis feared that no legal sett ‘ment is obtained, which is fair and correct, based on the mechanism of the law in force, 7. National Commission for Human Rights hereinafter reforredt to as Komnas HAM shall be @ self-reliant institution, which is equivalent in position to othor etate institutions, which functions ta conduct studies. researches. counselina monitoring and mediations on human rights. CHAPTER I Business News 6388/6389/17-11-1999124, CHAPTER I BASIC PRINCIPLES Article 2 Tier epublic af Indonesia rooagnizes and highly estwerns tne human rights and the human besie freedom , 26 the rights rich, are inherent in @ natural way and it cannot be seperated from mankind, which shall be protected, respected ond ‘upheld to promote the dignity of mankind, welfare, happiness and inteligence 5 wall af juetion. Article 3 1. Any one is freely born with the human dignity which is tha same and equivalent and awarded the gifts at brain and inner heart to live in 4 suciety, nation and state in the spirit of brotherhood. 2. Any one has the right on the recognition, guarantee, protection and legal fair troatment and to obtain law certainty and equal treatment in the presence ot law. Article 4 ‘The right t0 live, the right not to be tortured, the personal freedom right, thought and inner heart, the right to perform religious duties, the right not to make slavery, the right to be recognized as an individual and equality in the presence of law and the right not to be sued on the basis of the law . which is ratenactively valid ,ie the human electroni¢ media by ‘aking into account the values of reigion, s01 ai public interest ancl tha antiea nat Article 244A Article 24 J; Anyone has the right to assemble, to hold meotings and enter nto a partnership for peaceful purpose - 2. Any citizen or group of people have the right to set up political party, non-governmental mare tone to take part in the public administration in line with the demand for protection - enforcem: ff the human rights in accordance with the existing regulation, Article 25 Anyone hes the right to convey opinion in the public presence, including the right to stage a strike in accordance with the ‘existing regulation, Anticle 26 1. Anyone has the right to possess, obtain , replace or maintain the citizenship status. 2. Anyone is free to choose the citizenship and without the discrimination to anjoy the ‘he citizenship and is obligated to carry out the obligations as a citizen in accordance with the ext Article 27 1 Indonesian citizen has tha right to freely to move and resides, to move from place to another placa in the teritory of the Republic ofindonesia political protection from other countries, 2. Any Indonesian citizen is free to lenva nnd enter again to the territory of the Republic of Indonesia , in accordance with the existing regulation. Nb Sixth Part. Right to Security Article 28 1. Anyone has the right to cock political protection frm other countries. 2. The right as referred to-in paragraph 1 is not valid for those who commit’ non-poli is against the goal and principle of the United Nations. Article 29 1. Anyone has the right to oneself, family, respect, dignity and the ownership right. 2. Anyone has thy right to recognition in the presence of the law as oneself wherever the person Article 30 Anyone nas the right to the feeling of security, tranquility and the protection against the tl (oF not commit action, Article 31 1. the residence of anyone shall not be disturbed. i 2. Stamping or entering one's house yard or entering @ house contradicting the will of the person who occupies: the house. Only permitted in certain cases which have been stipulated by law. Article 32 The freedom and secretin correspondence including the contact of communication through electronic facts cannot \_) be disturbed except atthe order of prosecutor and other legal authority in aceordance with the existing regulavon Article 23 1. Anyone has the right to be free from toture, cruel punishment and treatment. inhuman, tow and dignity. 2. Anyone has the right to be free from forced disappearance end soul disappearance, ing the human dagree Article 34 Anyone may not be arrested, detained, tortured, excommunicated and suul disappearance, Article 35 Anyone has the right to live within te system of society and state, which is peacetul, and tranquil, which respect and fully exercise the human rights fully and human basic obligations as stipulated in this law. Seventh Part Right on Welfare, Article 36 1. Anyone has the right to have assets, both oneself and share with other people for the sake self-dev lopment, tamily, nation and society by the means which are not against the law. 2. Assets Business News 6388/6389/17-11-1999154, Assets of someone and with other people may not be seizad arbitrarily and in a way, which is oat Ownorahip low has sucial tunctions, nt the aw, Article 38 Any citizen in accordance with the talent, qualification and ability has the right to obtain roper work. Anvone is free to choose the work ane likes and hee the right on i flr roqurements for morporee, ; Anyone both men and women, who do the work, which isthe sama, comparable equivelony or Similar, has the right to obtain the same wage and agreement requirements, Article 39 ‘avone has the right to set up o labour union and shall nat be hindered to become the members to protect and to ative " for the interest and in accordance with the existing regulation, Ais 40 Cmvone sth ight to ede and to ua decent a Article 41 ‘Any citizen has the riyht to social security needed for decent i Ind to develop self-development in an intact way. Article 42 Any citizen who nas advanced age, physical defect and or invalid have the right which are suitable and special aid at the expense of the state budg human dignity, improving the self-confidence, improving the self-confidence and the abilty to pertcnore mae the ny society, nation and state, EIGHTH PaRT Right to participate in the Government. Article 43 1+ by citizen has the riaht to be elected and tn slect in the gonoral election on the basis of equallty through the voting which is direct, general, fre8, confidential, honest and fair in accordance with the existing regulation, 2. Any citizen has the right to participate in the public administration both directly or by representation of the proxy, who is elected in free way, in accordance with the way stipulated in the reyulation. 3. Any citizen can be appointed in the governmental posts. Article 44 Anyone, both individually oF in groups have the right to express opinion , request, complaint and oF proposal to the Government in the context of the implementation of public administration, which is clean, effective and efficient both verbally and in writing, in accordance with the regulation, Ninth Part Women's Rights Article 45 In this law women’s rights are human rights. Article 46 The systems of general election, party, election of members of the legislative and the system of appointmant in the areas Of executive, judicative shall guarantee the women's representation in accordance with the requirements vet, Article 47 Any women who is married to a foreigner does not automatically follow the husband's status of citizenship, but she has the right to maintain, replace or obtain back the status of citizenship, Article 48 Businace Newe §388/6389/17-11-1999160 i Article 48 Women have the right to obtain educetion and teaching in all types, ranks and channel of educ the roquriements set mn in accordance with Article 49 1+ Women havo the right to elect, to be elected, appointed in a work, posts and professions in accordance with the re- ‘uicments and regulations. 2. Women have the right to obtain special protection to perform their duties against the matters which can throaten the safety an ur ivaith relating to the reproductive healtg. 3. After the termination of the marriage @ woman has the right same rights as hor former husband on the matters relat- ing to the joint wealth without minimizing the rights of children, in accordacne with the existing regulation, Article 50 ‘Women who have been grown ups and or after having married have the right to commit logal actions themnelves, unies» otherwise stipulated by their religion, Article 51 1. During the marriage commitment a wife has the right and responsiblity which are the same as those of the husband on all matters relating to the marriage life, relations with children, ownership right and the management of joint as- sets, 2. After the termination of marriage, a women has the righta and responsibilities which are the same as those of former husband on all matters pertaining to their children by taking into account for the best interest of thei children, 3. After the tamination of tha marg a wife hoe the eore responsibilty eo Une free wasn tot ela.) ‘0 their joint assets without minimizing the right cf childrenb, in accordance with the existing regulation. Tenth Part Right of Child Article 52 1. Any ohilé has the right to protectiun frum parents, family, society and the country. 2. The right of child is the human right and for the sake of the interest of the right of the child, the right is recognized ‘and protected by law even if the child is being conceived, Article 53 1. Any child has the right , since the child is in the mother’s pregnancy , to live, maintain life end to improve tha stand- ard of ving, 2. Any child since the birth, has the right on a name and the status of citizenship, Article 54 Any child who is physically and mentally defective has the right to obtain care, education, training and special aid at the ‘expense of the state to guarantee the life of the child in accordance with human dignity, improving the self-confidence ‘and the ability to participate in tho society, nation and country life Arita 85 a Any child has the right 10 perform religious duties in accordance with the religio, to think, and to express in accordance With the level of intellectuality and age under the guidance of the parents and or guardians. Article 56 1. Any child has the right to know their parents, raised and taken care of by their own parents. In the ease that the parents of the child aro not able to raise and maintain the child well and in accordance with this ‘aw. the child can be taken care or adopted as a child by other people in accordance with the regulation, Article 57 1. Any child has the right to be raised, maintained, nurtured educated and directed and guided by their parents or guard ian in accordance with the existing regulation, 2. Any child hag the right to obtain tir adopted parents or thor guardian based on the court verdict, in the event that the parents have died or because of legal reason, in the event that the parents have died or because of a lagal reason the parents fail to perform their duties as actual parents. Article 58 (To be continued) ay Business News 6388/6389/17-11-1999Paragraph (2) In the case of goods which serve as obj insurance claims serve as substitute forthe fiduciary guste Paragraph (3). Suffiienty cle Article 26 » Sutficentlyelor Artois 27 Paragraph (1) Preomptove rights aro counted as fram the date of roustaton of ng a8 objects of fiduciary guaran at the Fiduciary Registry Office. il i linn NANA TT Poragranh (2) Sutfiseney ser Paragraph (3) provision inthis aragraph is comected with the provision that fdciny guaranty coneuteeeourty sgh cat am Seeman of des. AT rom that rovsons the ancy sign te mend obieets of fiduciary guaranty are outside banruptey anor loca Ailes 28 and 29 - Sutficontly clear Article 30 the case of fiuclry providers not giving up goods which sev as ones of fiduciary guaranty upon the implementation of execution, fiduciary recipes are wad Yo take Goode anving we osha of aco necessary, va ask fr Relp om authorized pares, Articles 31 upto 36 -Sutiioty clear Anicle 37 Peragrapns (1) and (2) - Sufficiently clear Paragraph (3) ruetblbidkaiiiiahihiibotidnhainiteheee NI {wo rights both inside and outide tho bankruptcy andlor hauidevon: Articles 38 upto 41 -Sutiimly eter ‘SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA NO. 3889 == =IRIA) HUMAN RIGHTS {Law No.39/1999 dated September 23, 1999) (Continued from Business News 6386/6389 pages 11A-16A) Article 58 1. Any child hae the right to obtain ley protection from all kinds of physical and mental violence. negligence. poor Weatment and sexual harassment during the care by parents or guardians, or other partios, who are responsible for the care of the child In tho case of pareits, yuardians or carers commit all kinds of physical end sexual harassment, including the rapa and ‘oF killing the child, who shall be protected, they shall be severely punished. ‘o Ail $9 1. Any child has the right not to be separated in a way, which is not the will of the child, except in the event that the ‘eason and the legal rule show that the separation is intended for the best interest of the child 2, In the case as referred to in paragraph 1, the right of the child to constantly meet diroctly and regular personal contact with the parents is still guaranteed by Law. Article 60 1. Any child has the right to obtain education and teaching to develop the personality in accordance with the interest, talent, and level of intelligence. Any child has the right to seek. receive and provide information in accordance with the levol of intellectuality and the ‘ge for the self-development as long as thoy are in line with the values of morality and obedience. Article 61 Any child has tho right to take a rest, to get along with the peers, to play, and to have recreation in accordance with the interest. talent and laval of inteligence for the eall-development of the child, Article 62 Any child has the right to obtain health services and social security properly, in accordance with the physical and spiritual needs. Article 63 ... Bu na News 6990/19-11-1999168A, Article 63 Ary td 98 the Fight not n be involved in wet, armea dlapute, socil riot and other events which contain the element of violence, Article 64 Avy chile {ant t9 obtain protection against economic exploitation and any wer endangers the child, so ney cw distacy the educavon, physical health, morality, socal fe and the wren os saco ‘voulition of the cbild Article 65 Any child has the right to obtain protection against exploitation and sexual haraeement, kidnapping.traging the child and ‘Various forme of nercatic abuse, psyehotropics and other addictive substance Who is still a child 2: ty chill nas the right that the freedom of the child shall not be seized in a Way that is against the law. 4 The arrest, detention or sentence of the child can only be carried cot ie accordance with the existing law and it ean only be carried out as the last resort, FA gels whose freedom is seized has the right to obtain human treatment and by taking into account the need for aatidevelonment in accordance with the oge and shall be separated trem the adult, except for the sake of the intera nll) of the child & Any child whose freedom is seized has the right to obtain legal aid or other sid effectively in any stage of legal effort which is valid 7 {Ay thitd whose freedom is seized hae tho right to defend himsolt and to obtain justice in the presence of Child Court, ‘which ie objective and is not impartial in the session whichis closed to the pub’ CHAPIER IV HUMAN BASIC OBLIGATION Article 67 Anyone in the teritory of the Republic uf Indonesia shall abide by the regulations, written law, ‘and international law on ‘human rights, which have been accepted by the Republic of Indonesia, Article 68 Any citizen shall particinate in the effort to defend the state in accordance with th xisting law. Article 69 Person, morality, ethics and the discipline of soci 1. Anyone shall respect the human rights of anot and state life, 2 Any human fight ot another person creates the basic obligation and responsibilty to respect the human rights of anoter perton recioracally and i isthe duty of the Governmant to respect, protect, enforce sed adams them, ki ‘community tite Article 70, {n exercising the right and freedom, anyone shall abide by the restiction stipulated by law in the hope to guarantee the With the sereeler geePect for the tight and tha freedom of another parson ent! to meet the fair demand fr acennt® With the considerations of morality, security and public order in a democratic society. CHAPTER V OBLIGATION AND RESPONSIBILITY OF GOVERNMENT Anticte 71 se Government is obliged and responsible to respect, protection enforce and sdvance the human rights stipulated in this ‘aw, other regulations and the international law on human rights which have been accepted by the Raut rvonscan Article 72 {The bligation and responsibilty of the government as referred to in Article 71, covering the step of effective implemen ‘ation in the areas of law, politics, eeaniomy, social, cultural, defence and security of the stata: and m other arose, CHAPTER Vi Business News 6390/19-11-1999178 CHAPTER Vi RESTRICTION OF BAN Article 73 ‘The ‘ight and freedom of the government as stipulated in this law can only be restricted by and on the basis of the law merely for tho recognition and respuct of the Muman rights.and basic right of other people. morality peblic order ond national interest. Article 74 There is no provision in this law which can be interpreted that the Government, party, group or any other partios to feduce, spoil or abolish human rights or basic freedom stipulated in this law. CHAPTER ViL NATIONAL COMMISSION FOR HUMAN RIGHTS Article 75 |ne National Commission for Human Rights has the following goals ® To develop conditions conducive to the implementation of human rights in accordance with the Pancasila, Constitu: tion of 1945 and Charter of the United Nations and the Declaration of Human Right b To enhance the protection and enforcement of the human rights to develop the personality of Indonesia's complete ‘man and the capability to participate in various aspects of life. Article 76 1. To achiavo the goal, the National Commission for Human Rights performs the study, esearch, counseling, monitor Gn snd mectnin o han gh The National Commission for Human Rights has the members of community leader,who is professional, dediceted, and who has high integrity, understands tho ideals of the law state and the state of wellare focussing on the justice respecting tho human rights end human basic obligation, The National Committe for Human Rights is located in the capita ofthe Redpublic of Indonesia, The representative offices of tho National Committee for Human Fights can be set up in regions. be Article 77 ‘Tho National Commission on Human Rights has the Pancasila as the principle. Article 78 ial Commission for Human Rights has the following facilities ry session and b. Sub commission. Article 79 1. The plenary session holds the highest authority in the National Commission for Human Rights. 2. The plenary session consists of all members of the Netional Commission for Human Rights. 3. The plenary session stipulates the Disiplinary Reaulation. Work Pragram and wark machanism of the National Com mission for Human Rights, Article 80 Gy The sub commission cars out the activins of thn Nations! Commision for Human Rights The provision on the Sub commission is stipulated in the Disciplinary Regulation of the National Commission for Human Rights. Article 81 1. The Secretariat General providés. administrative services for the implementation of the activit Commission for Human Rights. The Secretariat General ic lod by Scerctary Generel with the aid from the work unit in the form of bureaus. The Secretariat General is held by a civil servant, who is not a member of the National Commission on Human Rights. The Secretariat General is proposed by the Plenary Session and itis stipulated by Presidential Decree. The position,duty, responsibilty and vrganicativnal sisucture of the Secrotarlat General are stipulated by Presidential Decree. 15 of the National geen Article 82 ‘The provision on the Plenary Session and Sud Commission is stipulated further in the Disciplinary Regulation of the Na: tional Commission for Human Rights, Article 83 1. The National Commission for Human Rights has 35 (thirty-five) members who are elected by the House of People's Representatives on the basis of the proposal of the National Commission for Human Rights. 2. The National Commission for Human Rights is led by one Chairman and 2 {two} Deputy Chairmen, 3. The... Business News 6390/19-11-1999180 3. The Chairman and Deputy Chairman of the National Commission for Human Rights are el 4. The term of office of the members of the National Commission for Human Rights is & (five) years and thereafter they ‘can be re-elected for another one term of office, Article 84 People who can be elected to become members of the National Commission for Human Rights are Indonesian citizens, who : ‘own exp a ce in the offort to advance and protect people or a group of people whose human rights are violated. b. experienced as judge, prosecutor, police or other legal professions. ©. experienced in legislative, executive and state high institutions. 4. roligious leader, community leader, member of the Non-Governmental Organization, Acticin RS 1. The dismissal of the members of the National Commission for Human Rights is conducted on the basis of the Plenary Session and notified to the House of People's Representatives and itis stipulated by Presidential Decreo. 2, Members of the National Commission far Hurnan Rights a. die bat onosolf request physically oF mentally il, which coucae the member to be unable to perform duties eumtinuously for one year, 4. sentenced because of the guilt commiting criminal action or © Committing blamable action and or other matters decided by the Plenary Session because the action can stain the dlignty 2nd reputation , and or reducing the seltveliance and ereibiy of the National Commission tor Human fights.) sign temporarily, Because of the following rsasurrs Article 86 The provision un thy wluction, appointment and gismissal is stipulated by Wisciplinary Regulation of the Netional Commis sion for Human Rights. Article 87 1. Any member of the National Commission tor Human Rights is obliged to: 2. abide by the existing regulation and legislation with the decision of the National Commission for Human Rights. ». actively and sincerely participate to achieve the goals of the National Commission for Human Rights. . keeping the secret and information of the National Commission for Human Rights, because the secret and informa- tion are obtained through the position as a member. 2. Any member has the following rights: 2. conveying proposals and opinions to the Plenary Session and Sub comm 'b voting and making decision in the Plenary Sassion and the Suh eammi submitting and electing the would-be Chairman and Deputy Chairman in the Plenary Session and 4. submitting would-be members of the National Commission for Human Rights in the Plenary Session tor periodical replacement and temporary. Article 88 Further provisions concerning the obligations and rights of the members of the National Commission for Human Rights and their procera shall be stipulated in the Disciplinary Regulation of the Netional Commission fur Hurnan Rights, WO Article 89 1 To carry out the functions of the National Commission for Human Rights by study and researen as referred to in Arti- le 76, the National Commission for Human Rights carries out duties with authority a. studying and research on various international instruments on human rights with the aim of providing cecommenda- tons on the possibilty of access and oF ratification, b studying and research on various regulations to give recommendations on the establishment, change and revocation of the regulations relating to the human rights, ©. publishing die oulcome ot tne study and research, 0. library study, field study.and compartive study in another country on human rights ‘2 discussion on various problems relating to the protection, enforcement and advancement of human rightsd and f. cooperation for study and research with other organizations, institutions both at the national, regional and interna tional lavels in the area of human rights 2, To carry out the functions, the National Commission for Human Rights as referred to in Article 76, it carries out and has the authority for the following work a, disseminating the insights on the human rights to the community in Indonesia b effort Business Nows 6390/19-11-1999104 ». effort to improve the community awareness about the human rights through formal educational institution and non formal educational institution. and © cooperation with other organizations, institutions or other parties both’ at the national, regional and international levels in the field of human rights, 3. To carty out the functions in the monitoring as 1 performs duties and has authority: @. to observe the iniplementation of the human right and the preparation of report on the outcome of the observation. to investigate and exactment the event in the public, which has contained the violation of human rights, due to its characteristic and the scope . to summon the complainer or victim as well as te party accused To be questioned. 9. the summon of the witness for questioning and the witness of the complainer shall deliver the evidence needed. ©. to visit the scenes and other places which are considered necessary. 4, summon on the ralatad parties to provide information in writing or deliver the necessary documents in accordance With the original with the approval of the Chairman of Court. ©. to examine locally houses, yard, constructions and other places which are occupied or owned by certain parties with the approval of the Chairman of the Court. hi. t0 give opinions based on the Chairman of Court for certain cases which are being processed.in the event that violation of human right exists in the public and the court investigates the cases and subsquently the opinion of the National Commission for Human Rights shall be informed by the judge and the partias ferred to in Article 76, the National Commission for Human Rights 4. To carty out the functions, the National Commission for Human Rights as referred to in Arti following activities and it has the authority: 44. peace between both parti 'b settling cases by consultation, negotiation, meditation, conciliation and the professional evaluation. providing recommendation to the parties to settle the dispute through court. 4. conveying recommendations on une case about the violation ot the human rights to the Government in order to be followed up. & Conveying recommendations on a case about the violation of human rights to the House of Peopl tives for the follow-up. Representa- Article 90 1. Anyone of @ group of people wha have strong reason that the human right hes been violated vay submit the report and the complaint verbally and in writing to the National Commission for Human Rights. 2. The complaint will only be settled in the event that it is accompanied by the correct indentification of the complainer and the correct and the information or the preliminary evidence. which is clear about the subject complained, 3. In the case that the complaint was committed by other parties, the complaint shall be accompanied by the approval of the party whose human rights are violated as victim, except for certain violations of the human rights based on the consideration of the National Commission for Human rights. ‘4 Tne complaint as reterred to in paragraph 3 covers the complaint through the representative office on the violation of human rights which is experienced by @ group of people. Article 91 1. The examination on the complaint to the Commission for Human Rights is not carried out , in the event that: ‘a. having no adequate preliminary evidence. the subject of the complaint is not ebuul the violation of human rights. «the complaint is forwarded with bad will and it tums out that the complainer does nat show sincerity. 4d. there is a legal effort which is more effective to settle the subject of the compplaint. 2 legal settlement is undar way through the existing legel effort in accowance with the existing regulation, 2. The mechanism to implement autharity is not intended to stop the examination as referred to in paragraph 1 is stipu: lated by the Disciplinary Regulation of the National Commission for Human Rights. Article 92 1. In certain cases and in the event that it is deemed necessary, to protect the interest and the human right concerned or the realization of the settlement for the existing problems, the National Cammissinn for Human Rights can decide to Keep secret the identity of the complainer and information or evidenvee and the related parties with the subject of complaint, or other evidences and other related parties with the subject of complaint or monitoring, 2. The National Committee can decide to keep secret or to restrict the dissemination of information or other evidences obtained by National Commission for Human Rights, which relate to tha subject of complaint or the monitoring, 3. The stipulation as referred to in paragraph 2 is based on tho consideration thet the dissemination of information oF other evidences can’ 2. endanger the security arid safety Of the country b endanger the safety and public order cc. endanger safety of individual 4. stain the reputation of a person leak .. My Business News 6390/19.11-1990208, «©, loak the stato government. {leak matters which shall be kept secrat in the processes of investigation, lawsuit, or the session of a criminal act. 19: hinder the realization of settlement for the existing problems or hi leak other matters including the trade secret, Jcret or other matters which shall be kept secret in the process of the making of decision of the Article 93 ‘amination of human right violation shall be conducted in a closed way, except otherwuise stated by the National Commission for Human Rights. Article 94 1. The complainer, victim, witness and or other parties as referred to in Article 89 paragraph 3, letters ¢ and d, shall comply with the request of the National Commission for Human Rights 2. In the event that the obligation as refartad to in paragraph 1 fails to be met by other relevant people, the provision in Article 95 will be valid for them: Article 95 In the event that @ summoned person fails to come or rejects to provide the information, te National Commission for Human Rights the National Commission for Human Right can ask the aid from the Chairman of Court to meet the ‘summon with force in accordance with the existing regulation, i Article 96 ‘The settlement as referred to in Article 94 paragraph 4 letters a and b is conducted by member of the National Commission for Human Rights who is appointed as mediator ‘The settlement reached 3 teferred to in paragraph 1, is in the form of agreement in writing and signed by parties and confirmed by the mediator. in writing as rt instrument . In ine vent that a mediation decision is not implemented by one of the parties within the time set in the decision, Gnotner party can ask. the public court in order that the decision is declared that the decision can be carried out with the following addition” For the sake of justice based on the Almighty God. 5. The court cannot reject the request as referred to in paragraph 4. fed to in parearaph 2 is the decision of mediation which legally binds and it is valid ‘Article 97 ‘The National Commission for Human Rights (Komnas HAM) shall submit reports on the implementation of the function, duty and authority and the condition of the human rights and the cases handled to House of Paople’s Representatives and the President with the copy sent to the Supreme Court Article 98 ‘The budgat of Kamnas Ham is charaed to the State Budget Article 98 ‘The provision and procedure of the implementation of function, duty and authority as well as the activities of Komnas Ham are further stipulated by the Disciplinary Regulation on Korinas Iam. CHAPTER Vill Community Participation ‘Article 100 ‘Anyone, group, political organization , social organization, NGO or other social organizations have tho right to partici in the protection, enforcement, and the advancement of the human right Article 101 ‘Anvone political organizations, social organization or other social organizations submit the report on the violation of human rights. Article 102 ‘Anyone, group, political organization, social organization, NGO or other social organization have the right to submit proposal on the formulation and policy relutiny tw the human rights to the Komnae Ham and or institutions. Article 103 .... (To be continued) Business News 6390/19-11-1999 Business News Business Neu(Law No. 42/199 date>€eptember 30, 1999) Law 34/1474 _ (Continued from Business Ne -11-1999 pages 14-208), / Article 103 Anyone, any group, any political organization, any social organizativn, NGO, university, study institution and other Social organizations, beth individually and in cooperation with Komnas Ham can conduct research, education and dissemination of information on human rights. CHapTeR x COURT OF HUMAN RIGHTS, Article 104 1. For conducting trials of the severe violation of human rights it is necessary to set up @ Court of Human Rights within the Public Court of Justice, 2. The court as referred to in paragraph 1 is set up by law within a maximal period of 4(four) years. 3. Before the Court of Human Rights is set up as referred to paragraph 2, the cases of human rights as referred to in paragraph 1 are tried by the authorized court, CHAPTER x TRANSITION PROVISIONS. Aiticlo 108 f 1. All Provisions on human rights governed by other laws are stil valid, as long as they are not governed by this law, 2. At che time this law.is enacted: = m4 a@-Komnes Ham set up: under the Presidential Decres. No; 60/1983 an thé National Commission for Human Rights is declared as the Komnas Ham unde? this fiw.) i b. The Chairman. Deputy Chairman and members of Kemnas Ham still perform their duties, functions and authority undar this law, until the new membership of Kémnits Ham is deterimied,’ and ©All igeuies Which are baling havidied by Rumias Ham’ate still sing continued under this law. Within a maximal period of 2itwo) years singe the enactment of this law, the comosition of the arganization membership, duties authority as-ivel &8 the discipfine of Komnas Ham sh be aijusted tn thie law, oCHAPTER Xt CONCLUDING PROVISION ‘Antcle 106 ‘This law shall come into torce as from the date of the promulgation. For public cognizaton, this law shall be placed in the Statute Book of the Republic of Indonesia. Ratified in Jakarta on September 23, 1999 Promulgated in Jakarta ‘om September 23, 1999 ‘THE PRESIDENT OF THE REPUBLIC OFINDONESIA ‘THE MINISTER/STATF SECRETARY sad (OF THE REPUBLIC OF INDONESIA sod BACHARUIDDIN JUSUF HABIBIE MULADI Business News 6391/6392/24-11-1999 Jv7 7A ELUDICATION ON LAW NO, 39/1999 ON HUMAN RIGHTS |. GENERAL That mankind is given by the Almighty God brains and inner hi gntiate between the good and the bad, which will yuide and dirock tire he Drains and the inner heart, the mankind has the freedom to make do from the Almighty God. err aants cannot be denied. The denial of the rights means denying the humanity dignity. For that reason, She Sovemment. state or whatever organization carry out the obligation to recogniser ay Cony, Fol the rights of anyone ‘exception ate ite” M225 that the human rights shall be the starting point and the goo! in leading the social natiom and state life. In fine with the above viewpoints, Pancasila as the the Almighty God with two aspects, namely individual asp any level. particularly the state and government. In this way, the siete oat ‘respect, protect, defend and guarantee the human rights of ény chizen anti ir ca agation to respect the human rights i reflected in the Preamble of the Constitution or teas ch Sree EE allt articles and the whole content, particulary related to the oqualty of poetry oy eitoees et To express ideas beaten f2 employment and decent lf, the freedom to eetemble, to set up a uniore ie ony Sccordance Gath tar noveibally and in writing, the freedom to choose the religion and to parform reharsdst wana ‘accordance with the religion and belief, the right to obtain education and teackicg 2 aicow, Indonesia's history secords vorious sufferings, msery, and secial gaps caused by unfair behs: Soctal satus, Tramation on the basis of ethnic origin, skin, race, cultura, language, roigion, groun een od coe ay seats eee te untai and discriminative behaviour is a violation of the human rights’ bot vor cath (eed Peake? POParatus against any citizen and the reversel. amd horizontally (among Stieneh ead re ad ued tions of the human rights. realty, for a period of more than fifty years, the age of the Republic of Indonesia, the implementation of he tespect.protection or the enforcement of hunran rights is tar from being eatistectorn busniea Ged, n events, namely Moga arreats, knapping, orture, raping, Torced disehpearence, and even murder, Puming houses and worship places, attacking roligious leaders and thelr families. In seater shen an be people. Or eas arficias and the state apparatus, who shall enforce law, securty kooping, and be wratece eee the eople On the other hand, they intimidate, torture and forcibly nase disappearance sed oy ae OF eee the Seen aa ale gblgation governed by the Constitution of 1948, the People's Consultation Aesen ah AIPA) with Sparepaation of MPR No. XVIUMPR/1998 on Human Rights assigns State High Insitutions ano mt scene Healy varios UN eect, enforce and disseminate the understanding of human rights to all posple and iowa SATB ETOUS UN insrnimants on Human Rights, as long es they are not aginst tne Poncasie oad ie Care at ely of 1948, Je *adition to the above two legal sources, basically the human rights have been mentioned in various ulations, including the law which ratifies various Intemational canventions or hanes Rights. The angie, Serve 28 an umbrella for all existing regulation, itis necessary to lay down Law on Human Rights. The principles of laying dowm this law is: 2. The Almighty God is the creator of the universe with all things inside. b Basicallzmpankind is given soul, form, otructureabilty and various taclitis By the Crestor to guarantee the survival of mankind, © Te protect, maintain and promote the dignity, itis necessary to have the recognition and protection of human Eghts, because without them, mankind wil lose characteristics and dignhy, so that thoy thence nea become predatur to eacn other, & fines mankind is the social creature, one human right i limited by the human right of another person, §. Human Rights shall not be eliminated by anyone in any circumstances F fAry,puman eight has ohligatiom to respect the humen right ul another person, so that there is a basic obigetion in the human right, & Strer'uman right shall be truly respected, protected and enforced and the government, state apperetus and Broece Rub, gfficials have the obligation and responsibilty to guarantee the implomaniation of he nape Protection and tie enforcement of human Aight, Honea’, law, the human rights is determined on the basis of the UN Declaration of Human Rights, UN Stree into Abolition of all farms of discrimination. To woman, tw UN Convention on Cinid Hohee sed ari oar nternational instruments regulating the human rights. The subject of this law i algo sdyuate This tn econ he People and the building of national law based on Pancasla and the Correttution of 1945 rou) ane in. detal regulates the right to live and the right not to be made ta dixeppest forcible const eon 1245, the ight oP ardiicar eye, faMUY and to have children, the right of selldavelapment. the «ght v0 cetian iret the right of individual freedom, the right of having the Feeling of being secure, the right of prospanty, the right to Fadiice te nerege tbl administration, women's rights, child rights and tho right to frealy chosen ve ncic on io Aganee” (© Muman rights, basic abligetions, duties and responsibiiy of the Government £6 anion ean ight. Business News 6391/6392/24-11-1999BA In additon, this law stinulatas tha establisment of National Commission for Human Righte ae eolf-roliant institution which has the duty, funotion, authority and responsibility to conduct study , research, counselling monitoring and mediation of the human’ rights. This law governs community participation in the forms of com: plaints and or protasts against the violation of human rights, proposals on the formulation of policies relating to human rights . Komnas Ham, research, education and the dissemination of the information on human rights. ‘The law on humen rights serves as an umbrella for all regulations on the human rights. For that reason, direct or indirect violations of human rights are sentenced both under the civil and criminal law and or admiminis. trative punishment. I ARTICLE BY ARTICLE Article 1 Sufficiently clear. Article 2, The human rights and the basic freedom of mankind cannot be separated from mankind, because without the human rights and the basic freedom the person concerned lose the humanity dignity . For that reason, the Republic of Indonssia including the government shall promote and take concrete actions and the enforcement of law for the human rights and basic freedom of mankind in the areas of law, politics, economy, social affairs and morality, Article 3 Sufficiantly clear Article 4 In any circumstances" inchides wer, armed dispute and or emergency situetions i? “Anyone” is the state, government and or community members. The right not to be sued on the basis of law whic is retroactively valid can be excepted in the case severe violation of human rights, which is categorized as a crime against humanity, Article § Paragraphs 1 and 2 Sufficiantly clear. Paragraph 3 “Susceptible group of people" includes advanced age people, children, the poor,pragnant women and the invalid. Article Paragraph 1 The adat law is still concretely valid and highly respected within the adat law people, The law shell be honoured and prtacted in the context of protection and enforcement of tha human righta within the circle concerned by taking into account the law and regulations in force, Paragraph 2 In the context of enforcing the human rights, the identity of the national culture of the adat law people.the existing ‘ual laws are stil concretely held by the local adat law people. ine law is still respected and protected as long as the law is not against the principle of the state law with the core on justice and people's welfare Anicle 7 “Legal effort” means the way that can be pursued by anyone or any group to defend and rastore the rights pr. vided by the Indonesian law, such as Komnas Ham or court, including the appeal to High Court, the appeal and the review to the Supreme Court against the verdict of the court of the first level and the level of appeal; This art intends that these who want to enforce the human rights end Dasie rights shall adopt all legal etforts at the nat al level ‘first before using forum at the regional and international levels, unless there is no response from the na tional legal forum. Article 8 ‘otection” includes the defense of the human rights. Articleo Paragraph 1 ‘Anyone has the right to live,to maintain the living standard. The right to live is inherent in babies which are stil conceived or people who are sentenced to death. In the case of a situation which is extraordinary, namaly far the sake of the life of the mother in the case of abortion or the verdict of the court in the case of death sentence. the abortion or death sentence in the case and or the condition are still permitted. The rights to live can be limited to the two cases mentioned above. Paragraphs 2 and 3 sufficiently clear Article 10 Paragraph 1 ‘Legal marriage” is the marriage conducted in accordance with the existing regulations. Paragraph 2 Free will” i¢ the will created from genuine intention without foree, deceit, or whetever pressure from anyone against the would-be husband and would-be wife, Business News 6391/6392/24-11-19999A Articles 13 up to 18 Sufficiently clear. Article 19 Paragraph 1 "The entre assets owned by the accused” resns the assets which do nat orgnate in violation or crime aragrap! sufficiently clear Article 20 Sufficiently clear Article 21 “Becoming an object of research” is the activity which places someone as the party which is questioned and which gives comments, opinion, information involving personal life and personal data and the picture and voice are recorded. Article 22 Paragraph 1 “The right to freely choose the the religion chosen. jgion and haliaf” ig that anyone can perform religious duties in accordance with Sufficiently clear Articles 23 up to 27 C SButicenty clear Article 28 Paragraph 1 ificinntly clear Paragraph 2 The state which accepts the asylum determines the actions, whether the actions are political crimes or non-political crimes. Aiticles 29 and 30 sufficiently clear. Article 31 Paragraph 1 “Not to be disturbed" is the right relating to the privacy at one's residence. Paragraph 2 Sufficiantly clear. article 32 Sufficiently clear. Article 32 Sufficiently clear. sufficiently clear. Paragraph 2 “Forced disap “Disappearance/ioss of soul” court. rence" means the action committed by anyone causing the person cnncemed to disappear. ‘the murder which is arbitranly conducted,not in accordance with the verdict of the Articles 34 and 35, Sufficiently clear. Article 36 Paragraphs 1 and 2 sufficiently clea Poragraph 3 TOwnership right has the social function” means the use of ownership right shall take into account the public interest. In the event that the public interest wants or needs it badly, the ownership right can be revoked in ac. cordance with the existing regulations. Article 37. {to be continued) Business News 6391/6392/24-11-19991248 HUMAN RIGHTS __ (Law No.39/199 dated September 23,199) (Continued from Business News 6391/6392 bages 6A-94) Articies 3/ and 38 sufficiently clear Article 39 ore nae oe’, obstructed" means that any citizen or worker cannot be forced to become » member of the labour union or dloes not become a member of the labour union Article 40 sutticiently clear Article 41 Paragraph 1 ist ene titht £0 Social security” moans that any citizen gets ‘Social security in accordance with the provision in the existing legislation and the ability of the state Paragraph 2 ranenty 204 special treatment” moans provision of service or provision of faciltios for the sake of the smooth implemen: tation of security, health and safety, Articles 42 up to 45 sufficiently clear. Article 46 quiomen's representation” moana the pruvision ot the same opportunity and position for women to play their roles in the Arties 47 tvs luisative, party and general election aroae tones justice and equality of gender. Articles 47 and 48 sutficiontly clear. Article 49 Paragraph 1 sufficiently clear Paragraph 2 ire aial Meatment of reproductive function” means the health services the provision of the opportunity to breastfeed babies. Paragraph 3 sufficiently clear. Article 50) rreimitting legal action by one’s self" means boing qualified by law t© commit fegal actions and for Islamic women Whe ate grown-ups and want to marry shall use the guusedian Article 51 Paragraph 1 sufficiently clear. Paragraph 2 areeat™® responsibilty” means an obligation which shall be carried out by parents in the areas of education, living costs stfection, and the good future developmant of the child, "ing to menstruation, pregnaney, delivery and the rights of the child Paragraph 2 sutficiently clear, Article 52 sufficiently clear, Article 53 Paragraph 1 cutficiently cluar, Paragraph 2 sufficiently eles: Article 59 ... tusiness News 6393/26-11-1999134 Articte 59 This article relates to the divorce of the parents or in the case of death of one of the parents, or in the case of the power of the care of the peronte boing revoked, or Article 60 ‘the child is tortured oF not protected or the inability of the parents. {mn this paragraph the education covers the eduvation uf manners and natural ability. Paragraph 2 sufficiently clear buses of narvutics, psychotroples and other addictive substances cover the activities of production, Circulation and trade as well as their uses which are not in line with the existing regulations. Articles 66 up to 72 Sufficiently clear, Article 73, H In this article the restriction does not apply to the human rights which cannot be minimized (non-derogable rights) by {taking into account the Elucidation of articies 4 and 9. “Nation's interest” is intended for the integrity of the nation and itis not intended for the interest of the authori Article 74 The provision in this Article stresses that anyone €F party in interpreting this provision in t is guaranteed by law. Articles 75 up to 82 ‘Sufficiantly clear. Article 83 agraph 1 “Inaugurated by the President” means in the form of Presidential Decree. This inauguration is related to the self-relionce of the Komnas Ham, ‘The proposal of the Komnas Ham shall accommodate all aspirations from various layers of the community in accordance with the established requirements, totalling at the most 70 (seventy! people. Paragraphs 2 up to 4 sutticientiy clear Article 84 sufficiently clear. Article 85 Paragraph 1 sufficiently clear, : Paragraph 2 letters a up tod sufficiently clear. Letter 0 The decision of dismissal is conducted by prior notification to the relevant person and the relevant person is given the tight to defend in the Plenary Session specially held for that purpose. Articles 86 up to 88 ‘ufficiently clear, Article 89 Paragraphs 1 ond 2 sufficiently Paragraph 3 Lotter a sufficiently clear. Latter b "The investigation and examination” means that in the context of investigation and the monitoring , the activities are the ‘soarch for data, information and facts to identify whether there are Violations of human rights or not. Latter © up to 9 sufficiently clear Letter h “The violation of human rights” in the public problems includes land aff Paragraph 4 ‘not justified to earn unilateral profits and or to cause losses to snoth- law, 50 that it causes the reduction or the abolition of the human rights which manpower and environment. Letter a Business News 6393/26-11-1999148 H Lotter a sulficiently clear. Lottor b “Mediation” is the settlement of a civil case outside the court, based on the agreements reached by the parties. Lotters c upto e eutt Paragraphs 1 up to 3 autficiontly clear Paragraph 4 “Complaint through representation" means the complaint which is caried aut individually or in groups to represent a certain community, whtose hua fights are vioisted and on the nasis of the same lal Article 91 Paragraph 1 Letters und b sutfcionty clear Lotter “Bat intention” means the actions which contain bad intentions and goals, for instance the complaint contains fake data 9 the information is nat accurate, and or simed at staining the name of someone (individually), causing group and or community unrest. “Absence of sincerny” means that the complainer does not really intend to setle the disputes, fo instance the complain ‘er has beon summoned for three (3) times, but he does not show up without any legal reason. nN Letters d and ¢ Suticiontly clear Paragraph 2 sufficiently clear. Articles 32 up to 94 sufficiently clear. Aricle 95 “Provisions in the legisation” inthis Article means the provisions in Article 140 paragraph 1 and paragraph 2, Article 141 paragraph 1 of Regulation of Indonesia, which was renewed or Article 187 paragraph 1 Regulation of Outside Java end Medur Article 96 Paragraphs 1 and 2 sutficienty clear. Paragraph 3 The oxginal copy of the decision or the authentic copy of the decision on the moditation shall be delivered by the medistor to the clerk of the Public Court Paragraph 4 The request for the decision which can be implemented to the Public Court is conducted through Komnas Ham.n the ‘event that the relevant party fails to implement the decision which has been stated hy the court, the court eh ment the decision The third party who feels to be harmed by the decision, still can submit an accusation tothe cour. Paragraph § sutfciantly clear Articles 97 up to 103 sutfciantly clear. Article 104 *Severe-rolation of human rights" is genocide, arbitrary/exta judi Aiscrintnation conducted in a svatematic way Paragraph 2 suliciently clear Pranraoh 3 “Authorized court" covers four environment of justice in accordance with the Law No. 14/1970 on the Basic Provisions ‘on Judicial Powor as already amended by the Law Na, 35/1999, Articles 108 and 106 sutfciontly clear killing, torture, forced disappearance, slavery ot SUPPLEMENT TO STATUTE BOOK NUMBER 3886 (KiA)= = Business News 6393/26-11-1999