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REPUBLIC OF INDONESIA
ACT 26 OF 2000 CONCERNING HUMAN RIGHTS COURTS
WITH THE MERCY OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF
INDONESIA,
Considering: a. Whereas human rights are basic rights bestowed by God on
human beings, are universal and eternal in nature, and for this reason must be
protected, respected and upheld and may not be disregarded, diminished, or
appropriated by anyone whosoever, b. Whereas to participate in preserving
world peace and guaranteeing the implementation of human rights, and to
provide protection, assurance, justice, and a feeling of security to both
individuals and society, it is necessary to establish forthwith a Human Rights
Court in order to resolve gross violations of human rights in accordance with
Article 104 clause (1) of Act No. 39 of 1999 concerning Human Rights; c.
Whereas establishment by the government of a Human Rights Court to resolve gross
violations of human rights based on Government Regulation in Lieu of an Act No.
1 of 1999 concerning Human Rights Courts was considered inadequate and therefore
not ratified as an Act by the House of Representatives of the Republic of
Indonesia, and for this reason it is necessary to revoke the aforementioned
Government Regulation in Lieu of an Act; d. Now, therefore, upon
consideration of clauses a, b and c, it is necessary to enact provisions in an
Act concerning Human Rights Courts; In view of: 1. Article 5 clause (1)
and Article 20 clause (2) of the 1945 Constitution; 2. Act No. 14 of 1970
concerning Principal Provisions on Judicial Authority (State Gazette No. 74 of
1970, Supplement to the State Gazette No. 2951) as amended by Act No. 35 of 1999
concerning Amendments to Act No. 14 of 1970 concerning Principal Provisions on
Judicial Authority (State Gazette No. 147 of 1999, Supplement to the State
Gazette No. 3879); 3. Act No. 2 of 1986 concerning Courts of General
Jurisdiction (State Gazette No. 20 of 1986, Supplement to the State Gazette No.
3327); 4. Act No. 39 of 1999 concerning Human Rights (State Gazette No. 165
of 1999, Supplement to the State Gazette No. 3886); 71
With the joint approval of THE HOUSE OF REPRESENTATIVES OF THE
REPUBLIC OF INDONESIA and THE PRESIDENT OF THE REPUBLIC OF
INDONESIA
DECREES: To enact: ACT CONCERNING HUMAN RIGHTS
COURTS.
CHAPTER I GENERAL PROVISIONS
Article 1 The terms used in this Act have the following
meanings: 1. Human rights are a set of rights bestowed by God Almighty in the
essence and being of humans as creations of God which must be respected, held in
the highest esteem and protected by the state, law, Government, and all people
in order to respect and protect human dignity and worth. 2. Gross violation
of human rights is a violation of human rights as referred to in this Act. 3.
A Human Rights Court is a court dealing specifically with gross violations of
human rights. 4. A person is an individual, group of people, civil or
military, or police, having individual responsibility. 5. Inquiry is a set of
acts of inquiry to identify the existence or otherwise of an incident suspected
to constitute a gross violation of human rights to be followed up by an
investigation in accordance with the provisions set forth in this Act.
CHAPTER II STATUS AND LOCATION OF HUMAN RIGHTS COURTS
Section One Status
Article 2 A Human Rights Court is a special court within
the context of a Court of General Jurisdiction.
Section Two Location
Article 3 1. A Human Rights Court shall be located in a
district capital or a municipal capital and its judicial territory shall cover
the judicial territory of the relevant District Court. 2. In the case of the
Special District of Jakarta, a Human Rights Court shall be located in the
territory of each relevant District Court.
CHAPTER III SCOPE OF AUTHORITY
Article 4 A Human Rights Court has the task and authority
to hear and rule on cases of gross violations of human rights.
Article 5 A Human Rights Court also has the authority to
hear and rule on cases of gross violations of human rights perpetrated by an
Indonesian citizen outside the territorial boundaries of the Republic of
Indonesia.
Article 6 A Human Rights Court does not have the
authority to hear and rule on cases of gross violations of human rights
perpetrated by persons under the age of 18 (eighteen) at the time the crime
occurred.
Article 7 Gross violations of human rights include: a.
the crime of genocide b. crimes against humanity
Article 8 The crime of genocide as referred to in Article
7 section a is any action intended to destroy or exterminate in whole or in part
a national group, race, ethnic group, or religious group by: 1. killing
members of the group; 2. causing serious bodily or mental harm to members of
a group; 3. creating conditions of life that would lead to the physical
exterminationof the group in whole or in part; 4. imposing measures intended
to prevent births within a group; or 5. forcibly transferring children of a
particular group to another group.
Article 9 Crimes against humanity as referred to in
Article 7 section b include any action perpetrated as a part of a broad or
systematic direct attack on civilians, in the form
of: 1. killing; 2. extermination; 3. enslavement; 4. enforced
eviction or movement of civilians; 5. arbitrary appropriation of the
independence or other physical freedoms in contravention of international
law; 6. torture; 7. rape, sexual enslavement, enforced
prostitution, enforced pregnancy, enforced 8. sterilization, or other
similar forms of sexual assault; 9. terrorization of a particular group
or association based on political views, race, nationality, ethnic origin,
culture, religion, sex or any other basis, regarded universally as contravening
international law; 10. enforced disappearance of a person;
or 11. the crime of apartheid.
CHAPTER IV JUDICIAL PROCEDURE
Section One General Provisions
Article 10 Unless stipulated otherwise in this Act, the
judicial procedure for cases of gross violations of human rights shall be
conducted according to provisions governing criminal judicial procedure.
Section Two Arrest
Article 11 1. The Attorney General as investigator is
authorised to arrest, for the purposes of investigation, any person who, on the
basis of sufficient preliminary evidence, is strongly suspected of perpetrating
a gross violation of human rights. 2. The investigator shall carry out arrest
as referred to in clause (1) by producing an order and serving the suspect an
arrest warrant stating the identity of the suspect, the reason for the arrest,
and the location of the investigation, along with a brief description of the
gross violation of human rights he or she is suspected of perpetrating. 3.
Attachments to the arrest warrant as referred to in clause (2) must be given to
the family of the accused immediately following the arrest. 4. In the event
of a suspect being caught in the act of perpetrating a gross violation of human
rights, arrest shall be executed without an order on the condition that the
arrester immediately surrenders the suspect and any evidence to the
investigator. 5. Arrest as referred to in clause (2) shall not exceed 1 (one)
day. 6. The period of arrest shall be subtracted from the sentence
passed.
Section Three Detention
Article 12 1. The Attorney General as investigator and
public prosecutor is authorised to undertake the detention or extend the
detention of a suspect for the purposes of investigation and prosecution. 2.
The judge of a Human Rights Court, by his or her ruling, is authorised to
undertake the detention of a suspect for the purposes of investigation in a
court session. 3. A warrant for detention or extended detention shall be
served on a suspect or defendant, who based on sufficient evidence, is strongly
suspected of perpetrating a gross violation of human rights, should
circumstances raise concerns that the suspect or the defendant may abscond,
damage or conceal evidence, and/or re-perpetrate the gross violation of human
rights.
Article 13 1. Detention for the purposes of investigation
shall not exceed 90 (ninety) days. 2. The time period referred to in clause
(1) may be extended for a maximum of 90 (ninety) days by the Chief Justice of a
Human Rights Court in accordance with his or her judicial scope. 3. In the
event that the time period referred to in clause (2) elapses before the
investigation is complete, the period of detention may be extended for a maximum
of 60 (sixty) days by the Chief Justice of a Human Rights Court in accordance
with his or her judicial scope.
Article 14 1. Detention for the purposes of prosecution
shall not exceed 30 (thirty) days. 2. The time period referred to in clause
(1) may be extended for a maximum of 20 (twenty) days by the Chief Justice of a
Human Rights Court in accordance with his or her judicial scope. 3. In the
event that the time period referred to in clause (2) elapses before the
investigation is complete, the period of detention may be extended for a maximum
of 20 (twenty) days by the Chief Justice of the Human Rights Court in accordance
with his or her judicial scope.
Article 15 1. Detention for the purposes of a hearing in
a Human Rights Court shall not exceed 90 (ninety) days. 2. The time period
referred to in clause (1) may be extended for a maximum of 30 (thirty) days by
the Chief Justice of the Human Rights Court in accordance with his or her
judicial scope.
Article 16 1. Detention for the purposes of an appeal
hearing in a High Court shall not exceed 60 (sixty) days. 2. The time period
referred to in clause (1) may be extended for a maximum of 30 (thirty) days by
the Chief Justice of the High Court in accordance with his or her judicial
scope.
Article 17 1. Detention for the purposes of an appeal
hearing in the Supreme Court shall not exceed 60 (sixty) days. 2. The time
period referred to in clause (1) may be extended for a maximum of 30 (thirty)
days by the Chief Justice of the Supreme Court in accordance with his or her
judicial scope.
Section Four Inquiry Article 18 1. Inquiries into
cases of gross violation of human rights shall be conducted by the National
Commission on Human Rights. 2. In conducting an inquiry as referred to in
clause (1), the National Commission on Human Rights may form an ad hoc team
comprising the National Commission on Human Rights and public constituents.
Article 19 1. In conducting an inquiry as referred to in
Article 18, the inquirer is authorized: A. to conduct inquiry into and
examination of incidents occurring in society, which,based on their nature or
scope, can reasonably be suspected of constituting gross violations of human
rights; B. to receive reports or complaints from individuals or groups
concerning the incidence of gross violations of human rights, and to pursue
statements and evidence; C. to call on complainants, victims, or subjects of
a complaint to request and hear their statements; D. to call on witnesses to
request and hear their witness; E. to review and gather statements from the
location of the incident and other locations as deemed necessary; F. to call
on relevant parties to give written statements or to submit necessary
authenticated documents; G. on the order of the investigator to: examine
of letters; undertake search and seizure; examine houses, yards,
buildings, and other places that certain parties occupy or own; dispatch
specialists pertinent to the investigation.
2. The inquirer shall inform the investigator upon initiating an inquiry into
an incident suspected of constituting a gross violation of human rights.
Article 20 1. Should the National Commission on Human
Rights consider there is sufficient preliminary evidence that a gross
violation of human rights has occurred, a summary of the findings of the inquiry
shall be submitted to the investigator. 2. No later than 7 (seven) working
days following the submission of the summary findings of inquiry, the National
Commission on Human Rights shall submit the inquiry findings in full to the
investigator. 3. In the event that the investigator considers the inquiry
findings referred to in clause (2) insufficient, the inquirer shall immediately
re-submit the inquiry findings to the investigator accompanied by guidelines for
their completion, and within 30 (days) of receiving the inquiry findings, the
investigator is required to consummate these insufficiencies.
Section Five Investigation
Article 21 1. Investigation of cases of gross violations
of human rights shall be undertaken by the Attorney General. 2. Investigation
as referred to in clause (1) excludes authority to receive reports or
complaints. 3. In undertaking the task referred to in clause (1), the
Attorney General may appoint an ad hoc investigator, which may be a government
agency and/or a public constituent. 4. Prior to undertaking his/her task, an
ad hoc investigator shall take an oath or pledge in accordance with his or her
religion. 5. To be appointed as ad hoc investigator, a person is required
to: a) be a Citizen of the Republic of Indonesia; b) be at least
40 (forty) years of age and no more than 65 (sixty-five) years of
age; c) be a graduate at law or other graduate with expertise in
law; d) be of sound mind and body; e) be of authoritative
standing, honest, fair, and of good character; f) be loyal to Pancasila
and the 1945 Constitution; and g) have knowledge of and concern for
human rights.
Article 22 1. Investigation as referred to in Article 21
clause (1) and (3) must be completed within a period of no longer than 90
(ninety) days from the date the inquiry findings are received and declared
complete by the investigator. 2. The time period referred to in clause (1)
may be extended for a period not exceeding 90 (ninety) days by the Chief Justice
of the Human Rights Court in accordance with his or her judicial scope. 3. In
the event that the time period referred to in clause (2) elapses before the
investigation is complete, the investigation may be extended for a period of no
more than 60 (sixty) days by the Chief Justice of the Human Rights Court in
accordance with his or her judicial scope. 4. If during the time period
referred to in clause (1), clause (2), and clause (3) insufficient evidence is
obtained from the investigation findings, a writ to terminate the investigation
must be issued by the Attorney General. 5. Once a writ to terminate an
investigation is issued, an investigation may be re-opened only if additional
proof and evidence for prosecution exists which supplements the investigation
findings. 6. In the event that termination of an investigation as referred to
in clause (3) is not accepted by a victim or his/her family, the victim. or
his/her family by blood or marriage to the third degree, has the right to submit
a pre-trial request to the Chief Justice of the Human Rights Court in accordance
with his or her judicial scope and in accordance with prevailing
legislation.
Section Six Prosecution
Article 23 1. Prosecution of cases of gross violations of
human rights shall be conducted by the Attorney General. 2. In the
implementation of her/his task as referred to in clause (1), the Attorney
General may appoint an ad hoc public prosecutor, who may be a member of the
government and/or a public constituent. 3. Prior to undertaking his or her
task, an ad hoc public prosecutor shall take an oath or pledge in accordance
with his/her religion. 4. To be appointed as ad hoc public prosecutor, a
person is required to: a) be a Citizen of the Republic of
Indonesia; b) be at least 40 (forty) years of age and no more than 65
(sixty-five) years of age; c) be a graduate at law or other graduate
with expertise in law; d) be of sound mind and body; e) be of
authoritative standing, honest, fair, and of good character; f) be loyal
to Pancasila and the 1945 Constitution; and g) have knowledge of and
concern for human rights.
Article 24 Prosecution as referred to in Article 23
clause (1) and clause (2) must be completed within no more than 70 (seventy)
days from the date of receipt of the investigation findings.
Article 25 The National Commission on Human Rights may at
anytime request a written statement from the Attorney General concerning the
progress of the investigation and prosecution of a case of gross violation of
human rights.
Section Seven Oath
Article 26 The oath taken by an ad hoc investigator and
ad hoc Public Prosecutor as referred to in Article 21 clause (4) and Article 23
clause (3) shall be worded as follows: "I solemnly swear/promise that in
undertaking this task, I shall not, directly or indirectly, using any name or
method whatsoever, give or promise anything whatsoever to anyone
whosoever." "I swear/promise that I, in order to undertake or not undertake
something related to this task, shall not at any time accept directly or
indirectly from anyone whosoever any promises or favours." "I swear/promise
that I will be faithful to, uphold, and apply the state principles of Pancasila,
the 9945 Constitution, and legislation in force for the state of the Republic of
Indonesia." "I swear/promise that I will consistently undertake this duty
conscientiously, objectively and with integrity, without discriminating between
people, and will hold professional ethics in the highest regard in carrying out
my obligations in proper and fair manner as befitting an official of
good character and integrity with regard to upholding law and justice."
Section Eight Court Hearings
Paragraph 1 General Provisions
Article 27 1. Cases of gross violations of human rights
shall be heard and ruled on by a Human Rights Court as referred to in Article
4. 2. Hearings of cases of gross violations of human rights as referred to in
clause (1) shall be conducted by a Human Rights Court judges' panel of 5 (five)
persons, comprising 2 two) judges from the relevant Human Rights Court and 3
(three) ad hoc judges. 3. The Panel of Judges referred to in clause (2) shall
be chaired by a judge from the relevant Human Rights Court.
Article 28 1. Ad hoc judges shall be appointed and
dismissed by the President as Head of State upon the recommendation of the Chief
Justice of the Supreme Court. 2. The total of ad hoc judges as referred to in
clause (1) shall number at least 12 (twelve) persons. 3. Ad hoc judges shall
be appointed for a period of 5 (five) years and may be re-appointed for 1 (one)
additional period of office.
Paragraph 2 Conditions of Appointment for Ad Hoc
Judge
Article 29 To be appointed as ad hoc Judge, a person is
required to: a) be a Citizen of the Republic of Indonesia; b) be
faithful to God Almighty; c) be at least 45 (forty-five) years of
age; d) be a graduate at law or other graduate with expertise in
law; e) be of sound mind and body; f) be of authoritative
standing, honest, fair, and of good character; g) be loyal to Pancasila
and the 1945 Constitution; and h) have knowledge of and concern for
human rights.
Article 30 Prior to undertaking his/her tasks, an
appointed ad hoc judge as referred to in Article 28 clause (1) is required to
take an oath or pledge in accordance with his/her religion, worded as
follows: "I solemnly swear/promise that in undertaking this task, I shall
not, directly or indirectly, using any name or method whatsoever, give or
promise anything whatsoever to anyone whosoever." "I swear/promise that I, in
order to undertake or not undertake something related to this task, shall not at
any time accept directly or indirectly from anyone whosoever any promises or
favours." "I swear/promise that I will be faithful to, uphold, and apply the
state principles of Pancasila, the 1945 Constitution, and legislation in force
for the state of the Republic of Indonesia." "I swear/promise that I will
consistently undertake this duty conscientiously, objectively and with
integrity, without discriminating between people, and will hold professional
ethics in the highest regard in carrying out my obligations in proper and fair
manner as befitting an official of good character and integrity with regard
to upholding law and justice."
Paragraph 3 Hearing Procedure
Article 31 Cases of gross violations of human rights
shall be heard and ruled on by a Human Rights Court within a period of no more
than 180 (one hundred and eighty) days from the date of the case being brought
before the Human Rights Court.
Article 32 1. In the event of a request for appeal to the
High Court, a case of gross violation of human rights must be heard and ruled on
within a period of no more than 90 (ninety) days from the date of the case being
brought before the High Court. 2. Hearings of cases as referred to in clause
(1) shall be conducted by a judges' panel of 5 (five) persons, comprising 2
(two) judges from the relevant High Court and 3 (three) ad hoc judges. 3. The
total of ad hoc judges in the High Court as referred to in article (2) shall
number at least 12 (twelve) persons. 4. Provisions set forth in Article 28
clause (1) and clause (3), Article 29, and Article 30 shall also apply for the
appointment of ad hoc judges to the High Court.
Article 33 1. In the event of a request for appeal to the
Supreme Court, a case of gross violation of human rights must be heard and ruled
on within a period of no more than 90 (ninety) days from the date of the case
being brought before the Supreme Court. 2. Hearings of cases as referred to
in clause (1) shall be conducted by a judges' panel of 5 (five) persons,
comprising 2 (two) Supreme Court judges and 3 (three) ad hoc judges. 3. The
total of ad hoc judges in the Supreme Court as referred to in article (2) shall
number at least 3 (three) persons. 4. Ad hoc judges in the Supreme Court
shall be appointed by the President as head of state upon the recommendation of
the House of Representatives of the Republic of Indonesia. 5. Ad hoc judges
as referred to in clause (4) shall be appointed for one period of office of 5
(five) years. 6. To be appointed as ad hoc judge in the Supreme Court, a
person is required to: a) be a Citizen of the Republic of
Indonesia; b) be faithful to God Almighty; c) be at least 50
(fifty) years of age; d) be a graduate at law or other graduate with
expertise in law; e) be of sound mind and body; f) be of
authoritative standing, honest, fair, and of good character; g) be loyal
to Pancasila and the 1945 Constitution; and h) have knowledge of and
concern for human rights.
CHAPTER V PROTECTION OF VICTIMS AND WITNESSES
Article 34 1. Every victim of and witness to a gross
violation of human rights has the right to physical and mental protection from
threats, harassment, terror, and violence by any party whosoever. 2.
Protection as referred in clause (1) is an obligatory duty of the law
enforcement and security apparatus provided free of charge. 3. Provisions on
procedures for protecting witnesses shall be further governed in a Government
Regulation.
CHAPTER VI COMPENSATION, RESTITUTION, AND
REHABILITATION
Article 35 1. Every victim of a violation of human rights
violations, and/or his/her beneficiaries, shall receive compensation,
restitution, and rehabilitation. 2. Compensation, restitution, and
rehabilitation as referred to in clause (1) shall be recorded in the ruling of
the Human Rights Court. 3. Provisions concerning compensation, restitution,
and rehabilitation shall be further governed in a Government Regulation.
CHAPTER VII PENAL PROVISIONS
Article 36 Any person who perpetrates actions as referred
to in Article 8, letter a, b, c, d or e, shall be sentenced to death or life in
prison or to a maximum of 25 (twenty-five) years in prison and no less than a
minimum of 10 (ten) years in prison.
Article 37 Any person who perpetrates actions as referred
to in Article 9 letter a, b, d, e, or j shall be sentenced to death or life in
prison or to a maximum of 25 (twenty-five) years in prison and no less than a
minimum of 10 (ten) years in prison.
Article 38 Any person who perpetrates actions as referred
to in Article 9 letter c shall be sentenced to a maximum of 15 (fifteen) years
in prison and no less than a minimum of 5 (five) years in prison.
Article 39 Any person who perpetrates actions as referred
to in Article 9 letter f shall be sentenced to a maximum of 15 (fifteen) years
in prison and no less than a minimum of 5 (five) years in prison.
Article 40 Any person who perpetrates actions as referred
to in Article 9 letter g, h, or i shall be sentenced to a maximum of 20 (twenty)
years in prison and no less than a minimum of 10 (ten) years in prison.
Article 41 For attempting, plotting, or assisting the
perpetration of a violation as referred to in Article 8 or Article 9, the
sentences set forth in Article 36, Article 37, Article 38, Article 39, and
Article 40 shall apply.
Article 42 1. A military commander or person acting as
military commander shall be held responsible for any criminal action within the
judicial scope of a Human Rights Court perpetrated by troops under his or her
effective command and control, and for any such criminal action by troops under
his or her effective command and control arising from improper control of these
troops, namely: a. a military commander or aforementioned person
acknowledges, or under the prevailing circumstances ought to acknowledge that
these troops are perpetrating or have recently perpetrated a gross violation of
human rights; and b. a military commander or aforementioned person fails to
act in a proper manner as required by the scope of his or her authority by
preventing or terminating such action or delivering the perpetrators of this
action to the authorised official for inquiry, investigation, and
prosecution.
2. Both police and civil leaders are held responsible for gross violations of
human rights perpetrated by subordinates under their effective command and
control resulting from a failure on the part of the leader to properly and
effectively control his or her subordinates, namely: a) the
aforementioned leader is aware of or deliberately ignores information that
clearly indicates his or her subordinates are perpetrating, or have recently
perpetrated a gross violation of human rights; and b) the aforementioned
leader fails to act in a proper manner as required by the scope of his or her
authority by preventing or terminating such action or delivering the
perpetrators of this action to the authorised official for inquiry,
investigation, and prosecution.
3. Actions as referred to in clause (1) and clause (2) shall be liable to the
same penal provisions set forth in Article 36, Article 37, Article 38, Article
39, and Article 40.
CHAPTER VIII AD HOC HUMAN RIGHTS COURTS
Article 43 1. Gross violations of human rights occurring
prior to the coming into force of this Act shall be heard and ruled on by an ad
hoc Human Rights Court. 2. An ad hoc human rights court as referred to in
clause (1) shall be formed on the recommendation of the House of Representatives
of the Republic of Indonesia for particular incidents upon the issue of a
presidential decree. 3. An ad hoc human rights court as referred to in clause
(1) is within the context of a Court of General Jurisdiction.
Article 44 Hearings in an ad hoc human rights court and
their judicial procedure shall be in accordance with the provisions set forth in
this Act.
CHAPTER IX TRANSITIONAL PROVISIONS
Article 45 1. From the date this act comes into force,
establishment of human rights as referred to in article 4 shall begin in Central
Jakarta, Surabaya, Medan and Makassar.
2. The judicial territory of Human Rights Courts as referred to in clause (1)
shall respond to the judicial territory of the district court in: a. Central
Jikata, which encompasses Greater Jakata, and the provinces of West Java,
Banten, South Sumatra, Lampung, Bengkulu, West Kalimantan, and Central
Kalimantan: b. Surabaya, which encompasses the provinces of East Java,
Central Java, Special District of Yogyakarta, Bali, south Central Java,
Special District of Yogyakarta, Bali, South Kalimantan, East Kalimantan, West
Nusa Tenggara and East Nusa Tenggara: c. Makassar, which encompasses the
provinces of south Sulawesi, Southeast Sulawesi, Central Sulewesi, North
Sulewesi, south East Sulewesi, Central Sulewesi, North Sulewesi, Maluku,
North Maluku, and Irian Jaya; d. Medan, which encompasses the provinces of
North Sumatera, the Special district of Aceh, Riau, Jambi, and West
Sumatera.
CHAPTER X CONCLUDING PROVISIONS
Article 46 For gross violations of human rights as
referred to in this Act no lapse provisions shall apply.
Article 47 1. Resolution of gross violations of human
rights occurring prior to the coming into force of this act may be undertaken by
a Truth and Reconciliation Commission. 2. The Truth and Reconciliation
Commission as referred to in clause (1) shall be established by an Act.
Article 48 Inquiry, investigation and prosecution of
gross violations of human rights that have been or are currently being
undertaken in accordance with Government Regulation in Lieu of an Act No. 1
of 1999 concerning Human Rights Courts shall remain in effect insofar as they
do not contravene the provisions set forth in this Act.
Article 49 Provisions concerning the authority of
Superiors Entitled to take Punitive Action and Submitting Officers as referred
to in Article 74 and Article 123 of Act No. 31 of 1997 concerning Military
Tribunals are deemed no longer in effect with regard to the examination of gross
violations of human rights in accordance with the provisions set forth in
this Act.
Article 50 With the coming into force of this Act,
Government Regulation in Lieu of an Act No. 1 of 1999 concerning Human Rights
Courts (State Gazette No. 191 of 1999, Supplement to the State Gazette No. 3911)
is revoked and deemed no longer in effect.
Article 51 This Act comes into force on the date of its
enactment. For the public to be informed, it is ordered that this Act be
promulgated in the State Gazette of the Republic of Indonesia.
Ratified in Jakarta, (date) PRESIDENT OF THE REPUBLIC OF
INDONESIA, ABDURRAHMAN WAHID Enacted in Jakarta, (date) SECRETARY OF
STATE OF THE REPUBLIC OF INDONESIA
Posted on 2005-09-22
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