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.
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.
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 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.
BOOK I.
General Provisions.
CHAPTER I
Extent of operation of the statutory penal provisions.
Article 2.
The Indonesian statutory penal provisions are applicable to any person who is guilty of a punishable act within Indonesia.
BOOK I.
General Provisions.
CHAPTER I
Extent of operation of the statutory penal provisions.
Article 4.
The Indonesian statutory penal provisions are applicable to any person who outside Indonesia is guilty of :
1st, one of the crimes described in articles 104, 106, 107, 108, 110, 111 bis, under 1st, 127 and 131 ;
BOOK I.
General Provisions.
CHAPTER I
Extent of operation of the statutory penal provisions.
Article 4.
4hly. one of the crimes described in articles 433. 444 -446, as far as they concern piracy, and those crimes described in article 447 relating to the surrender of a vessel to pirates, and article 479 j relating to the unlawful exercise"' of control of aircraft, article 479 1, in, n and o relating to crimes which jeopardize the safety of civil aviation.
BOOK I.
General Provisions.
CHAPTER I
Extent of operation of the statutory penal provision
Article 5.
The Indonesian statutory penal provil,-..,ns are applicable to an Indonesian National who outside Indonesia commits :
1st, one of the crimes described in Chapters I and II of the second Book, and in articles 160, 161, 240, 270, 450 and 451 ;
2ndly, an act deemed by the Indonesian statutory penal provisions to be a crime and on which punishment is imposed by the law of the country where it has been committed.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.