Indonesia: Presidential Decree No. 50 of 1993 The National Commission on Human Rights
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Date:
7 June 1993
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering :
a. That indeed human being, as a creature of God, lives in a society, nation and state, and is naturally endowed with inalienable rights so that he can develop his personal self, and role and contribution to his society, country and the world;
b. That the Indonesian nation as part of the international community of nations respects the United Nations Charter and the Universal Declaration of Human Rights;
c. That in order to promote and protect these human rights, and in accordance with the state principles based on the rule of law, their implementation needs to be enhanced and strengthened;
d. That in order to fulfil the objectives in points a, b, and c, it is deemed necessary to establish a National Commission on Human Rights;
Mindful of : Article 4 verse (1) 1945 Constitution
HAS DECIDED TO PROMULGATE
THE PRESIDENTIAL DECREE ON
THE NATIONAL COMMISSION ON HUMAN RIGHTS
CHAPTER I
NAME, PHILOSOPHICAL BASIS, NATURE AND OBJECTIVES
Article 1
In order to enhance the implementation of human right in Indonesia, a Commission, national in nature, which shall be called the national Commission on Human Rights, hereinafter referred to as the national Commission, is hereby established.
Article 2
The philosophical basis of the National Commission shall be the Pancasila.
Article 3
The National Commission shall be an independent body.
Article 4
The National Commission shall have the following objectives;
a. To help develop a national condition which conductive to the implementation of human rights in conformity with the State Philosophy of Pancasila, the 1945 Constitution, the United Nations Charter and the Universal Declaration of Human Rights; and
b. To enhance the promotion and protection of human rights in order to help achieve national development goals, namely, the full development of the Indonesians person and the overall development of the Indonesian society.
CHAPTER II
ACTIVITIES
Article 5
To realize the objectives provided for in Article 4, the National Commission shall conduct the following activities:
a. disseminate information on the national as well as international outlook on human rights both to the Indonesian society and to the international community;
b. examine various united Nations instrument on human rights with a view to presenting suggestions regarding the possibility of accession to and/or ratification of these instruments;
c. monitor and investigate the implementation of human rightsand present views, considerations and suggestions to state institutions on the implementation of human rights; and
d. foster regional and international co-operation in the promotion and protection of human rights.
CHAPTER III
ORGANIZATION AND MEMBERSHIP
Article 6
The National Commission shall have the following components:
1.Plenary Commission;
2.Sub-Commission; and
3.General Secretariat.
Article 7
The Membership of the national Commission shall consist of prominent figures.
Article 8
1.the Plenary Commission shall consist of 25 members, a Chairperson and twoVice-Chairpersons.
2.The Chairperson and Vice-Chairperson of the Plenary Commission shall be elected by the members of the Plenary Commission and their election shall be confirmed by the President.
3.Initially the members of the Plenary Commission shall be appointed by the President.
4.The procedure for the appointment of subsequent members of the Plenary Commission shall be in accordance with its Statute.
5.The Chairperson, Vice-Chairpersons and members of the Plenary Commission shall serve for a tern of five years and can only be re-elected once.
Article 9
The Plenary Commission shall determine the Statute and Rule of procedure as well as the program of activities of the National Commission.
Article 10
1.The National Commission shall consist of:
a. The Sub-Commission for Education and Dissemination on Human Rights;
b. The Sub-Commission for the Examination of Human Rights Instruments; and
c. The Sub-Commission for the monitoring of the Implementation of Human Rights.
2. Each Sub-Commission shall be headed by a Chairperson who shall assisted by a Vice-person and a staff as warranted.
3. The Chairperson, Vice-Chairperson and the staff of the Sub-Commission shall function on a full-time basis.
Article 11
The General Secretariat shall provide secretarial services for the National Commission.
Article 12
1.The General Secretariat shall be headed by a Secretary General who shall elected by members of the plenary Commission, in addition his appointment and termination of tenure shall be formalized by the Chairperson if the National Commission.
2.the Secretary General shall function on a full-time basis.
Article 13
All expenses incurred in the operations of the National Commission shall be charged to the budget of the State Secretariat.
CHAPTER IV
CLOSING
Article 14
This Presidential Decree enters into force on the day it is promulgated.
Done in Jakarta on 7 June 1993
PRESIDENT OF THE REPUBLIC OF INDONESIA
(Signed)
SOEHARTO Copy (is) in accordance with the original.
Cabinet Secretariat R.I.
Head, Bureau of Law and Legislation
(signed)
Bambang Kesowo, Sh.LL.M.
Considering :
a. That indeed human being, as a creature of God, lives in a society, nation and state, and is naturally endowed with inalienable rights so that he can develop his personal self, and role and contribution to his society, country and the world;
b. That the Indonesian nation as part of the international community of nations respects the United Nations Charter and the Universal Declaration of Human Rights;
c. That in order to promote and protect these human rights, and in accordance with the state principles based on the rule of law, their implementation needs to be enhanced and strengthened;
d. That in order to fulfil the objectives in points a, b, and c, it is deemed necessary to establish a National Commission on Human Rights;
Mindful of : Article 4 verse (1) 1945 Constitution
HAS DECIDED TO PROMULGATE
THE PRESIDENTIAL DECREE ON
THE NATIONAL COMMISSION ON HUMAN RIGHTS
CHAPTER I
NAME, PHILOSOPHICAL BASIS, NATURE AND OBJECTIVES
Article 1
In order to enhance the implementation of human right in Indonesia, a Commission, national in nature, which shall be called the national Commission on Human Rights, hereinafter referred to as the national Commission, is hereby established.
Article 2
The philosophical basis of the National Commission shall be the Pancasila.
Article 3
The National Commission shall be an independent body.
Article 4
The National Commission shall have the following objectives;
a. To help develop a national condition which conductive to the implementation of human rights in conformity with the State Philosophy of Pancasila, the 1945 Constitution, the United Nations Charter and the Universal Declaration of Human Rights; and
b. To enhance the promotion and protection of human rights in order to help achieve national development goals, namely, the full development of the Indonesians person and the overall development of the Indonesian society.
CHAPTER II
ACTIVITIES
Article 5
To realize the objectives provided for in Article 4, the National Commission shall conduct the following activities:
a. disseminate information on the national as well as international outlook on human rights both to the Indonesian society and to the international community;
b. examine various united Nations instrument on human rights with a view to presenting suggestions regarding the possibility of accession to and/or ratification of these instruments;
c. monitor and investigate the implementation of human rightsand present views, considerations and suggestions to state institutions on the implementation of human rights; and
d. foster regional and international co-operation in the promotion and protection of human rights.
CHAPTER III
ORGANIZATION AND MEMBERSHIP
Article 6
The National Commission shall have the following components:
1.Plenary Commission;
2.Sub-Commission; and
3.General Secretariat.
Article 7
The Membership of the national Commission shall consist of prominent figures.
Article 8
1.the Plenary Commission shall consist of 25 members, a Chairperson and twoVice-Chairpersons.
2.The Chairperson and Vice-Chairperson of the Plenary Commission shall be elected by the members of the Plenary Commission and their election shall be confirmed by the President.
3.Initially the members of the Plenary Commission shall be appointed by the President.
4.The procedure for the appointment of subsequent members of the Plenary Commission shall be in accordance with its Statute.
5.The Chairperson, Vice-Chairpersons and members of the Plenary Commission shall serve for a tern of five years and can only be re-elected once.
Article 9
The Plenary Commission shall determine the Statute and Rule of procedure as well as the program of activities of the National Commission.
Article 10
1.The National Commission shall consist of:
a. The Sub-Commission for Education and Dissemination on Human Rights;
b. The Sub-Commission for the Examination of Human Rights Instruments; and
c. The Sub-Commission for the monitoring of the Implementation of Human Rights.
2. Each Sub-Commission shall be headed by a Chairperson who shall assisted by a Vice-person and a staff as warranted.
3. The Chairperson, Vice-Chairperson and the staff of the Sub-Commission shall function on a full-time basis.
Article 11
The General Secretariat shall provide secretarial services for the National Commission.
Article 12
1.The General Secretariat shall be headed by a Secretary General who shall elected by members of the plenary Commission, in addition his appointment and termination of tenure shall be formalized by the Chairperson if the National Commission.
2.the Secretary General shall function on a full-time basis.
Article 13
All expenses incurred in the operations of the National Commission shall be charged to the budget of the State Secretariat.
CHAPTER IV
CLOSING
Article 14
This Presidential Decree enters into force on the day it is promulgated.
Done in Jakarta on 7 June 1993
PRESIDENT OF THE REPUBLIC OF INDONESIA
(Signed)
SOEHARTO Copy (is) in accordance with the original.
Cabinet Secretariat R.I.
Head, Bureau of Law and Legislation
(signed)
Bambang Kesowo, Sh.LL.M.
Comments:
The English version of the Decree was obtained from the Department of Foreign Affairs of the Republic of Indonesia.
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