Equipo Nizkor - Indonesia: Decree No M.01-PR.09.01 on the establishment of the Permanent Committee on the implementation and research of International Humanitarian Law.

MINISTER OF JUSTICE:

Considering:

a. that Humanitarian Law needs to be analyzed, developed, and constructed continuously and comprehensively, both for its implementation and to formulate government policy concerning the international rules relating to International Humanitarian Law;

b. concerned with the provision mentioned above, it is necessary to establish a Permanent Committee on the Implementation and Research of International Humanitarian Law;

In view of :

1. The Law Nr. 59 / 1958 concerning the ratification of the Republic of Indonesia to the Geneva Conventions of 12 August of 1949 (State Gazette of the Republic of Indonesia Nr. 109 of 1958, Additional State Gazette Nr. 1644);

2. The Presidential Decree Nr. 14 of 1974 concerning the rules of Department Organization;

3. Presidential Decree Nr. 45 of 1974 concerning the structure of the Department Organization;

DECIDES :

To stipulate : The establishment of the Permanent Committee on the implementation and Research of International Humanitarian Law.

CHAPTER I
STATUS, RESPONSIBILITY, FUNCTION AND DUTY

Article 1

The Permanent Committee on the Implementation and Research of International Humanitarian Law namely Humanitarian Law Committee is domiciled at Department of Justice and in implementing its duty, is responsible to the Minister of Justice.

Article 2

The function of the Humanitarian Law Committee is providing recommendation and consideration to the Minister of Justice concerning with the government policy to the Geneva Conventions of 1949 and its Additional Protocols of 1977 and as well as other international rules related to International Humanitarian Law.

Article 3

The duties of the Humanitarian Law Committee are :

a. to formulate the basic government policy dealing with the legal issues of the International Humanitarian Law;

b. to conduct research and study concerning the implementation and development of national conception on International Humanitarian Law related to the armed conflicts;

c. to formulate the policy concerning the dissemination uniformity of International Humanitarian Law through education and information.

CHAPTER II
STRUCTURE, ORGANIZATION AND JOB DESCRIPTION

Article 4

The structure of the Humanitarian Law Committee is as follows :

a. The Chairperson also holds the position of the member of the Department of Justice;

b. The Vice Chairperson also holds the position of the member of the Department of Justice;

c. The Secretary also holds the position of the member of the Department of Justice;

d. The Members consist of representatives of :

(1) the Department of Internal Affairs;
(2) the Department of Foreign Affairs;
(3) the Department of Defense and Security;
(4) the Department of Justice;
(5) the Department of Information;
(6) the Department of Education and Culture;
(7) the Department of Health;
(8) the Department of Social Affairs;
(9) the Indonesian Red Cross Society.

e. The Advisers, based on their expertise, assigned by the Minister of Justice.

Article 5

1. For accelerating the implementation of its duties, the Humanitarian Law Committee is divided into the working groups.

2. Those working groups are :

a. Working Group on Policy Formulation, namely the First Working Group;

b. Working Group on Research and Study for Implementation and Development, namely the Second Working Group;

c. Working Group on Dissemination, namely the Third Working Group.

3. The Chairperson, if necessary, may establish other working groups.

4. Each of working groups consists of a Chairperson, a Secretary and Members.

Article 6

The duty of the First Working Group is to formulate the basic government policy dealing with international Humanitarian Law issues.

Article 7

The duty of the Second Working Group are :

1. to conduct research and study on the implementation and development of national conception concerning International Humanitarian Law related to the armed conflicts;

2. to collect and evaluate the regulation of national legislation related to Humanitarian Law;

3. to formulate the policy for the implementation of the Geneva Conventions of 1949 and other international law which has ratified by Indonesia.

Article 8

The duties of the Third Working Group are :

1. to formulate materials uniformity for education and teaching on International Humanitarian Law;

2. to formulate materials uniformity for information on International Humanitarian Law to the public through mass-media.

Article 9

Those working groups stipulated in Art. 5 para. (2) determine their job description by themselves.

Article 10

The membership structure of each working group as stipulated in Art. 5 para. (2) is determined by the Chairperson of the Humanitarian Law Committee by considering the Committee member's opinion.

Article 11

1. The decision of the Humanitarian Law Committee shall be decided through the plenary session;

2. The decision taken by the plenary session is lawful, if the session attended by more than a half of the members of the Committee;

3. The decision is decided by consensus and unanimously;

4. The result of each working group is discussed and authorized by the plenary session.

CHAPTER III
DUTIES, COMPETENCY AND RESPONSIBILITY OF THE CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY AND ADVISERS

Article 12

The Chairperson leads the Humanitarian Law Committee, gives the direction for the fulfillment of the Humanitarian Law Committee and the Working Groups duties, organizes and coordinates the communication within the institutions or persons; appoints vice-Chairperson or other members to represent him/her if absent; provides recommendation, consideration and responsibility of the Humanitarian Law Committee to the Minister of Justice.

Article 13

The Vice-Chairperson represents the Chairperson if the former absent; leads daily working of the Humanitarian Law Committee; coordinates the working group activities and shall be responsible to the Chairperson.

Article 14

1. The secretary leads the secretariat; collects and prepares materials, minute of the meeting, settles administration issues related to the decision of the Humanitarian Law committee; coordinates administration activities of the working groups; and shall be responsible to the Chairperson;

2. The secretary is assisted by the secretariat staff, consists of 5 (five) persons.

Article 15

The advisers provides recommendation and consideration to the Humanitarian Law Committee and the Working Groups, whether requested or not.

Article 16

1. The Chairperson of the working group leads the working group and shall be responsible to the Chairperson of the Committee;

2. The secretary of the working group prepares the minute of the meeting and organizes the administration of the working group.

CHAPTER IV
RELATION

Article 17

Humanitarian Law Committee may organize relation and activities to the institutions or persons in relation with its duty fulfillment.

CHAPTER V
BUDGET

Article 18

The budget of the Humanitarian Law Committee will be borne by the Budget of the Department of Justice.

CHAPTER VI
CLOSING PROVISION

Article 19

Matters not yet regulated in this Decision, shall subsequently be regulated in the separate decision.

Article 20

This Decree shall come into force on the date of stipulation and retroactive until April 1 of 1979.

Stipulated in Jakarta, 2 January 1980.

Minister of Justice (Mudjono)

c.c. :
1. Minister of Internal Affairs.
2. Minister of Foreign Affairs.
3. Minister of Defense and Security.
4. Minister of Information.
5. Minister of Education and Culture.
6. Minister of Health.
7. Minister of Social Affairs.
8. The President of the Indonesian Red Cross Society.
9. State Secretariat.
10 The Body for the Investigation of Finance.
11. The Directorate General of Budget.
12. The Directorate of State Treasury.
13. The National Supervision and Development Body.
14. The person concerned.
15. Archive.

02Jan80 - IDN

Decree No. M.01-PR.09.01 on the establishment of the Permanent Committee on the implementation and research of International Humanitarian Law

[Source: National Implementation of IHL Database, International Committee of the Red Cross.]

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