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,
Considering:
a. that humans, as creatures of God Almighty that the task
manage and maintain the universe with the full faith and full responsibility
responsible for the welfare of mankind, by his creator-endowed rights to
guarantee the existence of dignity and glory of himself and harmony
environment;
b that human rights are basic rights bestowed by God on self-
humans, are universal and eternal, and therefore must be protected, respected,
maintained, and should not be ignored, reduced, or taken by anyone;
c that in addition to human rights, human beings also have a basic obligation among men
against one another and to society as a whole in
the life of society, nation and state.
d that the nation of Indonesia as a member of the United Nations assumed
moral and legal responsibility to uphold and implement the Declaration
Universal Human Rights established by the United Nations,
and various other international instruments on human rights that have been
accepted by the Republic of Indonesia;
e that based on the considerations set forth in the letters a, b, c, d, in
order to implement the Decree of the People's Consultative Assembly of the Republic of Indonesia
No. XVII / MPR / 1998 on Human Rights, the need to establish the Law
on Human Rights.
Given:
1. Article 5 paragraph (1), Article 20 paragraph (1), Article 26, Article 27, Article 28, Article 29, Article 30,
Article 31 Article 32, Article 33 paragraph (1) and paragraph (3), and Article 34 of the Constitution
1945;
2. People's Consultative Assembly Decree of the Republic of Indonesia Number XVII/MPR/1998
on Human Rights.
With the approval of:
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
DECIDED
Setting:
ACT ON HUMAN RIGHTS
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Act referred to as:
1. Human Rights is a set of rights inherent in the nature and existence
man as a creature of God Almighty and His grace which is mandatory
respected, upheld and protected by the state, law and government, and every
people for the respect and protection of human dignity;
2. Basic human obligation is a set of obligations that if not implemented,
not allow implementation and enforcement of human rights.
3. Discrimination is any restriction, harassment, or exclusion, either directly or
indirectly based on human differences on the basis of religion, ethnicity, race, ethnicity,
group, class, social status, economic status, gender, language, political beliefs,
resulting in reduction, diversion, or removal of the recognition, implementation,
or the use of human rights and fundamental freedoms in the lives of both individual
and collectively in the political, economic, legal, social, and cultural aspects of life
other.
4. Torture is any act done intentionally, so that
causing pain or suffering is great, both physically, and spiritually, in
someone to obtain confessions or information from someone or from someone
third, punishing him for an act he has committed or is alleged to have
performed by a person or a third person, or for any reason based on
any form of discrimination, when such pain or suffering is inflicted by,
at the instigation of, with the consent, or knowledge of any person or officer
politics.
5. A child is every human being under the age of 18 (eighteen) years old and has not
marriage, including children who are still in the womb if it is for the sake of
his interests.
6. Violations of human rights is every act of a person or group of persons
including the state apparatus either intentionally or unintentionally, or omissions that are
against the law to reduce, inhibit, restrict, or revoke the rights and
human person or group of persons insured by this Act, and not
obtain, or feared the law would not obtain a fair settlement
and correct, based on the mechanism of applicable laws.
7. National Commission on Human Rights, hereinafter referred to Komnas HAM is
independent institution whose position on par with other state agencies
carry out assessment work, research, extension, monitoring, and mediation rights
of human rights.
CHAPTER II
PRINCIPLES - BASIC PRINCIPLES
Article 2
Republic of Indonesia recognizes and upholds human rights and freedoms
as basic human rights that are bestowed by God and inseparable from man,
that must be protected, respected, and upheld by an increase in human dignity,
well-being, happiness, and intelligence and justice.
Article 3
(1) Every person is born free with human dignity and equal and
equal and endowed with reason and conscience to live in a society, nation and
state in a spirit of brotherhood.
(2) Every person has the right to recognition, security, protection, and legal treatment
just as well have legal certainty and equal treatment before the law.
(3) Any person entitled to the protection of human rights and fundamental freedoms of man,
without discrimination.
Article 4
The right to life, the right not to be tortured, the right of personal freedom, thought and conscience, the right
religion, the right not to be enslaved, to be recognized as a person and equality
before the law, and the right not to be prosecuted on the basis of a retroactive law is the rights of
humans that can not be reduced under any circumstances and by anyone.
Article 5
(1) Any person recognized as a person is entitled to demand and obtain
equal treatment and protection in accordance with human dignity in front of
the law.
(2) Every person entitled to assistance and protection of fair trial
objective and impartial.
(3) Every person belonging to vulnerable groups of society are entitled to
treatment and greater protection with regard to specialty.
Article 6
In the framework of human rights, differences and needs within the community
customary law should be respected and protected by law, society, and the Government.
The cultural identity of indigenous peoples, including indigenous land rights are protected, consistent
with the times.
Article 7
(1) Every person has the right to use all the efforts of national law and forum
against all violations of international human rights guaranteed by law
Indonesian and international law concerning human rights which has been ratified
Republic of Indonesia.
(2) The provisions of international law ratified by the Republic of Indonesia
concerning human rights into national law.
Article 8
Protection, promotion, enforcement, and the fulfillment of human rights, especially the
responsibility of the Government.
CHAPTER III
HUMAN RIGHTS AND FUNDAMENTAL HUMAN FREEDOM
Part One
Right to Life
Article 9
(1) Every person has the right to life, survival and increase the standard
his life.
(2) Every person has the right to live peaceful, secure, peaceful, happy, prosperous and unseen.
(3) Every person has the right to good environment and healthy.
Part Two
Continuing a family rights and Heredity
Article 10
Every person has the right to form a family and continue the descent through the marriage
are legitimate.
Valid marriage can only take place upon free will future husband and future wife
concerned, in accordance with the provisions of the legislation.
Part Three
Right to Self Development
Article 11
Every person has the right to grow and develop in
feasible.
Article 12
Every person has the right to protection of personal development, to obtain
education, to educate himself, and improve the quality of life in order to be human
a faithful, devoted, responsible, noble, happy, and prosperous in accordance
with human rights.
Article 13
Every person has the right to develop and obtain the benefits of science and
technology, art and culture in accordance with human dignity for the sake of his personal welfare,
nation and mankind.
Article 14
(1) Every person has the right to communicate and obtain information needed to
develop personal and social environment.
(2) Every person has the right to seek, obtain, possess, store, process, and
convey information by using all means available.
Article 15
Every person has the right to fight for her right to development, both personally
and collectively, to build community, nation and country.
Article 16
Every person has the right to do social work and virtue, founded the organization to
it, including education and teaching, as well as raise funds for
that purpose in accordance with the provisions of the legislation.
Part Four
Right to Obtain Justice
Article 17
Everyone, without any discrimination, has the right to obtain justice by filing
requests, complaints and lawsuits, in cases of criminal, civil, and administrative and
tried through the judicial process is independent and impartial tribunal, in accordance with the procedural law
ensure an objective examination by judges who are honest and fair to obtain the decision
a fair and correct.
Article 18
(1) Any person who is arrested, detained, and prosecuted for supposed to do something
crime has the right to be presumed innocent until proved guilty legally
in a court proceeding and given all the necessary legal guarantees to
defense, in accordance with the provisions of the legislation.
(2) Any person convicted should not be prosecuted for or convicted criminal, except under
a legislation that existed before the offense was
do.
(3) Any change in legislation, the applicable provisions
most favorable to the accused.
(4) Any person who examined entitled to legal aid since the time of investigation
until a court decision that has obtained permanent legal force.
(5) Any person not be prosecuted for the second time in the same case on a
deed which has obtained a court ruling binding.
Article 19
Not a violation or any crime punishable with a sentence of deprivation
entire property of the guilty.
No person may be sentenced to the court's decision imprisonment or confinement on the basis
for reasons of inability to meet a debt obligation in the agreement.
Part Five
Right to Personal Freedom
Article 20
(1) No one shall be enslaved or enslaved.
(2) Slavery or servitude, slave trade, trafficking in women, and all
acts of any similar purpose, is prohibited.
Article 21
Every person has the right to personal integrity, both spiritual and physical, and therefore should not be
the object of research without consent from him.
Article 22
(1) Everyone is free to embrace their respective religions and to worship according to
religion and belief.
(2) The State guarantees the freedom of every person embrace their respective religions and to
worship according to his religion and belief.
Article 23
(1) Every person is free to choose and to have his political beliefs.
(2) Every person is free to have, issue and disseminate opinions
according to his conscience, orally or in writing through print and electronic media
with due regard to religious values, morals, public order, public interest, and
integrity of the nation.
Article 24
(1) Every person has the right to congregate, convene, and the association for the purposes
peace.
(2) Any citizen or community group the right to form political parties, institutions
governmental organizations or other organizations to participate in the course of
government and state administration in line with the demands of protection,
enforcement, and promotion of human rights in accordance with the provisions of
the legislation.
Article 25
Every person is entitled to expressing an opinion in public, including the right to strike
accordance with the provisions of the legislation.
Article 26
(1) Every person entitled to own, acquire, replace, or maintain the status
his nationality.
(2) Every person is free to choose their citizenship and are entitled without any discrimination
rights derived and attached to citizenship and is obliged to implement
obligations as citizens in accordance with the provisions of legislation.
Article 27
(1) Every Indonesian citizen has the right to freedom of movement, and
residence within the territory of the Republic of Indonesia.
(2) Every Indonesian citizen has the right to leave and return to the territory of the
Republic of Indonesia, in accordance with the provisions of the legislation.
Part Six
Right to Safety
Article 28
Everyone has the right to seek asylum for political asylum from another country.
Rights referred to in paragraph (1) does not apply to those who commit crimes
nonpolitical or acts contrary to the purposes and principles of the United Nations
The nation.
Article 29
(1) Any person entitled to the protection of the individual, family, honor, dignity, and rights
his
(2) Every person has the right to recognition before the law as a person on the go
it is located.
Article 30
Every person has the right to feel safe and secure as well as protection against threats
fear to do or not do something.
Article 31
(1) Place of residence of anyone should not be disturbed.
(2) Stepping on or entering a residence or entering the yard of a house
contrary to the will of the people who inhabit it, is only allowed in halhal
established by the Act.
Article 32
Independence and confidential correspondence relationships, including communication links
through electronic means should not be disturbed, except by order of a judge or other authority
authorized 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 the dignity of humanity
(2) Every person has the right to be free from enforced disappearance and the disappearance of lives.
Article 34
Every person should not be arrested, detained, tortured, exiled, exiled, or disposed of
arbitrary.
Article 35
Every person has the right to live in society and the state of a peaceful, safe, and
peace, that respects, protects, and implement fully human rights and
basic human obligations as stipulated in this Law.
Seventh rights
The Right to Welfare
Article 36
(1) Every person is entitled to have owned, either alone or together with the
Another development for themselves, family, nation, and society in a way that does not
violate the law.
(2) No one shall be deprived of his property with an arbitrary and
against the law.
(3) The property has a social function.
Article 37
(1) Revocation of proprietary rights over a thing in the public interest, is only allowed
to indemnify and reasonable and immediate implementation in accordance with
provisions of the legislation.
(2) If an object under the provisions of law in the public interest should
destroyed or abandoned, either permanently or temporarily
time then it is done by replacing the losses in accordance with the provisions
legislation unless otherwise specified.
Article 38
(1) Every person is entitled, according to their talents, skills, and abilities, are entitled to
decent work.
(2) Every person has the right to freely choose a job that he liked and well above entitled
conditions of employment.
(3) Any person, whether male or female who does the same job, comparable,
equivalent or similar, are entitled to wages and working conditions of the same agreement.
(4) Any person, whether male or female, in doing the work that is commensurate with
dignity are entitled to fair wages in accordance with his performance and can
ensure the continuity of family life.
Article 39
Every person has the right to establish trade unions and should not be inhibited to be
members to protect and promote its interests and in accordance with
provisions of the legislation.
Article 40
Every person has the right to place to live and decent.
Article 41
(1) Every citizen has the right to social security needed to live decent and
for personal development as a whole.
(2) Each persons with disabilities, elderly people, pregnant women, and children, are entitled
obtain facilities and special treatment.
Article 42
Every citizen who are elderly, physically disabled or mentally disabled and entitled to
care, education, training, and special assistance or expense of the state, to ensure
decent life with dignity, enhance self-confidence,
and the ability to participate in social life, nation and the state.