LAW OF THE REPUBLIC OF INDONESIA (Number 10 of 1992) Elucidation of law


	PREFACE
	FORWARD
	Contents
	Chapter I
	Chapter II
	Chapter III
	Chapter IV
	Chapter V
	Chapter VI
	Chapter VII
	Chapter VIII
	Chapter IX
	Elucidation of law

ELUCIDATION OF
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 10 OF 1992

CONCERNING

POPULATION DEVELOPMENT AND THE DEVELOPMENT
OF HAPPY AND PROSPEROUS FAMILIES

GENERAL

The primary goal of Long Term Development is to create quality humans and a progressive Indonesian society of quality in an atmosphere of peacefulness and spiritual and material welfare, within the framework of social, national and state life based on the Pancasila and the 1945 Constitution, in an atmosphere of national Indonesian life which is at once harmonious, proportional, and balance in the relations between people, between people and society and between people and their natural environment, as well as being devoted to God Almighty.
In the scope of achieving the primary goal mentioned above, efforts are needed for population development and the development of happy and prosperous families with the objective of realizing harmony, proportion, and balance in population size, quality and distribution as well as realizing quality family welfare in the scope of developing the Indonesian people in its entirety.

A large and high quality population constitutes asset for the implementation of development and potential for the improvement of development in all fields. However, a large population which is not accompanied by efforts to develop its quality may become a burden on development and may detract from the results of development which can be enjoyed by the people. Therefore in order to control and at the same time benefit from the large size of the population, efforts are required to regulate the development of population quality and family quality which must be carried out comprehensively and in an integrated manner among Government sectors, and between the Government and society.
Bearing in mind that policies on population affairs and family welfare comprise various aspects, among others citizenship, population census, health, manpower, transmigration, marriage, social welfare, children's welfare, environment, which have been regulated in various laws, this Law regulates the aspects of population development and the development of happy and prosperous families.
Policies for population development and the development of happy and prosperous families are directed towards the control of the size of the population, development of population quality and family quality, and guidance of population mobility as human resources so that they will become strengths of effective national development in the scope of realizing a quality of social life which will always be improving in an integrated manner. Policies for population development and the development of happy and prosperous families are carried out to achieve harmony, proportion, and balance between population size, quality, and distribution and the supportive and accommodational capacity of the environment.

Efforts to develop happy and prosperous families, including family planning, are not merely for birth control, but are also intended to create happy and prosperous families.

Birth control efforts are aimed as small, healthy, happy and prosperous families which have been implemented through development of the norm of the small, happy and prosperous family, providing a foundation for attaining the ideal family size that enables families and society to become happy and prosperous.

Efforts of population development and the development of happy and prosperous families remain based on awareness, sense of responsibility, and voluntary methods, with due regard to religious values as well as social norms and propriety.
The regulations of this Law apply to all persons who reside in the territory of the Republic of Indonesia. On the basis of prevailing laws and regulations, persons in Indonesia are categorized as citizens of the Republic of Indonesia, foreign citizens, and diplomatic representatives of foreign states.

This law applies to citizens of the Republic of Indonesia and foreign citizens which according to laws and regulations are declared to be residents of Indonesia, where as with respect to foreign diplomats as residents of Indonesia the provisions of prevailing laws and regulations and or conventions shall be applied.
In connection with the above mentioned matters, in order to provide for flexibility in regulating problems related to population affairs, in particular to population development and the development of happy and prosperous families through family planning efforts, this Law only defines matters of a general nature, such that adaptation will be facilitated if changed conditions occur in the future.

ARTICLE BY ARTICLE

Article 1

The terms defined in this Article are intended to provide uniform interpretations of this Law and its ancillary regulations:

The phrase 'at a particular time' means domiciled for at least six months or residing in a place with the intention to remain in that place.
The main characteristics of the population include among others structure, age, gender, education, occupation, ethnicity, and religion.
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The term 'keruangan' has the same meaning as 'spatial,' namely related to space and place. The meaning of 'mobility' includes migration which constitutes a change in a person's residence.
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The meaning of family in this definition is the nuclear family. In the Indonesian systems of kinship, this family also accommodates the grandfather, grandmother, and family members who have kinship relationships. Such members of the family remain dependents of the family concerned.
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Spiritual psychological-mental capabilities include observance of the Pancasila ideology, cultural strength, and religious belief.
The inculcation of the norm of the small, happy and prosperous family in individuals, families and society on awareness, volunteerism, and a sense of responsibility to present and future generations, with due regard to religious and socio-cultural values.
The meaning of environment includes the natural environment, the constructed environment, and the social environment.
The constructed environment is the man-made environment or the physical environment which has been changed for the welfare of the population through the use of science and technology.
The social environment includes the relationships between people with social, cultural and religious institutions and values.
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Article 2

The principle of balanced life is intended so that all efforts for population development and development of happy and prosperous families will preserve a balance among interests, namely among material and spiritual interests, and among the interests of each dimension of the population with other dimensions.

The principle of benefit is the basis for all efforts intended by this Law to provide the greatest benefit to the population in all of its dimensions.

The principle of continuous development is related to the continuity of inter-generational development in all its aspects, including the continuity of other national development principles such as the principle of justice and equity, the principle of legal awareness, and the principle of self-confidence. National development, which includes efforts for population development and the development of happy and prosperous families, has a long term influence on future generations of the Indonesian people and on the capability of the environment to support and accommodate them.

Continuous development is development which guarantees harmony, proportion, and balance of the population with the environment, so that it can support national life from generation to generation throughout time. Such development constitutes a conscious and planned effort to wisely utilize and manage natural resources and human resources.

Article 3

Section (1)

The population in all its dimensions represents a primary asset and a productive human resource for national development in all fields, if it develops to a reasonable size, a high quality and an appropriate dispersion in accordance with the capability of the environment to support and accommodate it. Such conditions of the population represent elements of a strong national resilience which will be able to encounter and overcome all threats, challenges, obstacles, and interferences to the survival of the national and the state.

Therefore, efforts for population development must be directed towards control of population size, development of population quality, and guidance of population mobility, together with efforts for the development of happy and prosperous families through family planning aimed at the development of family quality.

Control of population size includes efforts related to the growth, number, and main characteristics of the population. Besides family planning, efforts for the control of population size are also supported by various efforts in other fields, including health, education, improving the role of women, and population dispersal.

Section (2)

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Article 4

Section (1)

Harmony, proportion and balance among population size with the environment involves ideal ratios between the number of people with the capability of the environment of support and accommodate them.

Harmony, proportion and balance among population quality with the environment involves the ability of the population to effectively utilize the support and accommodation of the environment to meet basic needs without damaging the continuing functions of the environment. A high-quality population should be able to improve the capability of the environment for support and accommodation, so that it will provide the optimal benefits. For example, by the application of science and technology, the productivity of land can be increased for purposes of developing housing, agriculture, industry, etc., such that it will be able to support livelihoods of more people.

Harmony, proportion and balance among population distribution with the environment involves the inter-regional division of total population in accordance with the capability of the environment for support and accommodation as well as with population mobility.

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Article 5

Section (1)

Equal rights means that every person regardless of tribe, religion, race, and ethnicity has rights in the population development and the development of happy and prosperous families in accordance with the rights of people related to the dimensions of the population as regulated in this Law.

Section (2)

Collectivities of quantities is the population in macro numbers, as detailed by demographic characteristics, among others age and gender.

Article 6

The rights in this article also apply to foreign citizens resident in Indonesia under provisions as regulated in prevailing laws and regulations.

Point a
The rights to develop one's own qualities includes the rights to choose and take part in education and training throughout one's life according to one's talents, capabilities and aspirations, to have an occupation, profession and fields of interest to be engaged in according to one's abilities, to realize one's aspirations and achieve material and spiritual satisfaction in one's life.

Point b
The rights to utilize indigenous land provides a guarantee that groups of people which have traditionally developed an area for generations will not be overwhelmed by newcomers. If such an indigenous land is developed for development activities, the original inhabitants shall be given priority to enjoy the enhanced value of their territory, for example through new job opportunities and so forth.

The rights to preserve and develop the behavior of cultural life, covers physical aspects (relating to land) and non-physical aspects, including socio-cultural aspects such as particular ways of life. As an example, several tribes or groups which have special ways of behavior cannot be forced to change their ways of life to conform with others. Such changes must be in accordance with the development which they themselves desire.

Point c
Every citizen has equal dignity and status, regardless of his/her status in life, education, economic capabilities, and conditions, including physical or non-physical disabilities.

Every citizen has equal rights and status, and therefore the rights of original inhabitants to occupy their life space needs to be protected:

Original inhabitants for this purpose is not merely defined base on factors of tribe, race, or religion, but also on the factor of the length of an inhabitant's residence in a particular area in accordance with local socio-cultural life.

Point d
In planning development, including the planning of population development, every demographic group must be included in the calculation of the population on a macro scale. For example, in population registration and census, territorial divisions, setting of targets for population development, determination of the number of representative in general elections the granting of village subsidies, and so forth, there shall be no discrimination on the basis of tribe, religion, race, age, gender. The exercise of rights as collectivities of quantities shall be implemented in accordance with prevailing laws and regulations.

Article 7

Every family may decide whether it will have children and in what number, based on its respective condition and capabilities, recognizing its responsibility to society and the development of the child. The adoption of children as intended by this article shall be based on the provisions of prevailing laws and regulations.

Other rights are referred to in order to accommodate rights which develop in the future to realize family welfare as a result of future developments, The success of development in one period of time gives rise to increase aspirations of families to attain a better quality of life, and to expand the scope of family welfare.

Article 8

Section (1)

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Section (2)

Regulation of the ideal family size, family education, development of the quality of residential environments is required to accomplish the efforts to develop family quality. Therefore, this obligation constitutes an obligation which is inseparable from the development of population quality in all its dimensions.

Section (3)

In addition to the obligation intended by section (2), for purposes of data collection and planning the development of population quality, every person is also obligated to carry out the registration of births, deaths, moves, marriages, and other obligations in accordance with the provisions or prevailing laws and regulations with regard to the registration of any activity related to population affairs.

Article 9

Section (1)

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Section (2)

Efforts for the development of happy and prosperous families hall be implemented by improving knowledge and changing attitudes and behavior, with due regard to the diversity of Indonesian society.

Section (3)

The integrated implementation of efforts for population development and the development of happy and prosperous families carried out by the Government and society must be regulated to achieve optimal results.

Such integration is horizontal among sectors and vertical among central and regional institutions.

Such integration also comprises coordination of Government activities with the activities of society.

The supportive capacity of the natural environment will be reflected in the size of the population which can meet its basic needs from natural resources which can be utilized without interfering with the balance and functions of the eco-system in the area concerned.

The capacity of the constructed environment to accommodate is reflected in social harmony and balance, i.e., in the ability to manage social density and mutual sources of livelihood, and to overcome the differences between populations groups, such as for example between ethnic groups, religious groups, economic groups, inhabited areas, and so forth.

Article 10

Section (1)

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Section (2)

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Section (3)

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Section (4)

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Article 11

Section (1)

The development of population quality has in principle been regulated in various laws and regulations, for example in Education Laws, Health Laws, Transmigration Laws, Manpower Laws, etc: Therefore, in enacting policies on the development of population quality, such mutually related provisions must be implemented in a comprehensive and integrated manner.

Section (2)

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Section (3)

Physical quality consists of physical fitness, health, and physical endurance which enables productive activities to be carried out.

Non-physical quality consists of personal qualities: intelligence, mental stamina, and self-reliance; social qualities: social solidarity and the ability to live in society; work qualities: productivity, dedication, and accomplishment; qualities of environmental awareness; and religious spiritual qualities: faith, ethical integrity, and morality.

Article 12

Section (1)

Potentials differ from one person to another. Some have higher potential in physical qualities, while others have greater potential in non-physical qualities.

However, each person has his/her own potential, for example a blind person may have a much sharper sense of hearing, more artistic sensitivity of a greater ability to think abstractly. Therefore, the development of qualities must be carried out according to each persons potential for achieving optimum quality.

Section (2)

Education in this section is meant in the broad sense of the work, including lifetime education to improve the capabilities and meet the aspirations of society. Resources and facilities including for example information media, tax relief for books and paper, libraries, public access to data bases, and the provision of public sports facilities in each residential location and for each specific group of people.

Section (3)

Religious and ethical values must function as a filter before technologies for development of quality are applied or accepted, such as the use of drugs to foster mental and physical capabilities or to enhance performance in sports.

Article 13

Section (1)

Vulnerable societies include groups which lack or which do not have opportunities to develop as a result of physical and non-physical conditions, for example, poor people, people in isolated places and regions with critical environments, women working in difficult situations, neglected children, and disabled people.

Section (2)

The form of facilities, for example the provision of special stairways for wheel chairs in buildings, schools, and public transport; sign language as a complements to educational programs on television; requirements to provided women's toilets in proportion to the number of women working in a factory.

The type of a facility shall be related to the type of obstacle to be overcome.

The nature of facilities including subsidies, relief from requirements such as school entrance for children from regions which need promotion of quality, and so forth.

Article 14

Section (1)

Population mobility and or population dispersal may take the form of migration, both through Government policies such as transmigration and through private action.

Policies to guide population mobility and or population dispersal are closely related to policies for the distribution of development activities which encourage spatial movements among regions. In this way, development policies must consider the consequences of optimal population distribution.

The Government may stipulate a region as a closed region if inward migration is not in balance with the what the environment can support and accommodate.

Section (2)

Policies at the national level comprise guidance for population mobility or population dispersal between provinces, while policies at the regional level comprise population mobility and or dispersal between regencies and municipalities.

The policies as intended in section (1) are not meant to be permanent, but rather may be changed at any time deemed necessary, in accordance with the capacity of the environment for support and accommodation.

Section (3)

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Article 15

Section (1)

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Section (2)

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Section (3)

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Article 16

Section (1)

Family planning efforts are intended to mean the carrying out of efforts to form small, happy and prosperous families. The development of small, happy and prosperous families is carried out in phases related to targets, activities and time dimensions.

Section (2)

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Section (3)

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Section (4)

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Article 17

Section (1)

The implementation of birth control must always pay attention to human dignity and status as well respect religious and socio-cultural values prevailing in society.

Section (2)

In order to avoid negative consequences, every device, drug, and method used for contraception must be medically safe and be justified by religion, morality, and ethics.

Article 18

Section (1)

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Section (2)

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Article 19

The husband and wife must agree on birth control and the method to be used so that their objectives can be properly achieved. Unilateral decisions or actions may give rise to failures or problems in the future. Equal obligations between the two of them also means that if the wife cannot use a contraceptive device, drug, and method, for example due to health reasons, then the husband can use a device, drug, and method intended for use by males.

Article 20

Section (1)

Considering that the use of contraceptive devices, drugs, and methods is closely related to health problems, such use or method of implementation should be carried out under the direction of and or by health personnel, in order that the use of such contraceptive devices drugs and methods does not give rise to health risks.

In this way the fundamental rights of members of the family planning program are guaranteed in the implementation of proper and professional actions by health personnel.

Health personnel in this regard are as intended by laws and regulations in the field of health and therefore health personnel must always base the performance of their duties on prevailing professional health standards.

Health personnel which provide family planning services shall be protected by law in the performance of their duties in accordance with stipulated professional standards.

Every person shall be entitled to receive compensation as a result of the fault or negligence of health personnel in providing family planning service.

Section (2)

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Article 21

This article is intended to protect society from actions which could detract from the morality of the Indonesian nation. Even though this Law allows for the display and or demonstration of contraceptive devices, drugs, and methods, in practice this must be limited to family planning purposes performed by competent personnel, and with due regard for Indonesian national systems of values.

The proper place and proper way means that the display or demonstration of devices appropriate or presumed to be appropriate for the display and or demonstration for family planning purposes, but also the participants must be able to; know about or be presumed to be able to know about or to carry out family planning using contraceptive devices drugs, and methods.

Article 22

Section (1)

Regulation in this regard is intended to meet the needs for contraceptive devices and drugs, both in quality and in quantity, so that family planning objectives can be achieved.

Supply also covers the production of contraceptive devices and drugs, so that supplies can equitably meet the needs of society.

Section (2)

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Article 23

Section (1)

The services provided also Include the correction of mistakes or complications arising from the services rendered.

Section (2)

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Article 24

Section (1)

The participation of society in population development and the development of happy and prosperous families is imperative, considering that population development and the development of happy and prosperous families cannot possibly be carried out only by the Government. Therefore the participation of society is necessary so that the burden of carrying out development duties can be borne by both the Government and society. It is necessary to create an atmosphere that can further enhance the active and dynamic participation of the entire population in the efforts of carrying out national development.

Participation of the society may be undertaken voluntarily and independently in accordance with individual capabilities.

Section (2)

Self-supporting institutions and social organizations as intended by this section are those active in the field of population development and the development of happy and prosperous families including:

a. professional groups, which on the basis of their profession are called to handle problems of population affairs and family welfare;

b. interest groups, which are interested in doing something for population development and the development of happy and prosperous families.

In carrying out their supporting role, self-supporting institutions and social organizations should make themselves effective as a means for participation of the greatest number of members of society in achieving the objectives of population development and the development of happy and prosperous families.

Article 25

Section (1)

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Section (2)

Other efforts is intended to mean among others education of mothers, increasing the use of mother's milk, improving the welfare of infants and small children, increasing family income, and improving the role of women in general.

Section (3)

The process of population development and the development of happy and prosperous families occurs naturally and is also influenced by other factors outside of development efforts, such that it may tend towards conditions which differ from those originally expected. For example, population growth which greatly exceeds targets will change the balance of humans with the environment and will influence the targets which must be achieved for development. Therefore, it is necessary periodically to set targets for the balances to be achieved.

The development of population and family welfare services includes clinics, impact clinics, mental stamina consultations, and so forth.

Intervention shall be carried out as a preventive measure if there are signs which point to the emerge of a condition which does not foster implementation of the objectives of population development and the development of happy and prosperous families as intended by Article 4, or as a repressive measure if deviations from such objectives has occurred.

The control of impact does not only relate to the impact on the physical environment, but also the impact on the non-physical environment, including the socio-cultural environment.

Section (4)

Efforts to communicate with, inform and educate the public concerning population development and the development of happy and prosperous families includes information on technologies available to the public, education and consultation on the development of family life, including education on sexual problems and services to meet the needs of the population and or the family.

Such education includes improving knowledge, changing attitudes and behavior towards the family and society concerning the importance of healthy reproduction so that it becomes a part of a viable way of life. Services to meet the needs of the population and or the family include among others information services, services on contraception devices including referral services to overcome side effects, complications due to failure, medical protection, development of families with children under five, and so forth.

Section (5)

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Article 26

Section (1)

Actions and steps to encourage and promote efforts for population development and the development of happy and prosperous families shall be carried out through rewards and incentive systems.

An incentive is an encouragement for society to carry out efforts or population behavior which is in accordance the direction of policies, as well as to prevent inappropriate behavior. Encouragement may be provided in various forms, including tax relief, credit facilities, and licensing of activities which support policies for control of population size, development of population quality, and or guidance of population mobility; for example, the opening of new enterprises in regions having a high potential for support, such that the mobility of the population from regions with low capacity for support will be fostered.

Action and steps as referred to in this article may also be directed towards the giving of awards for any people who have contributed to population development and the development of happy and prosperous families.

Section (2)

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Article 27

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Article 28

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Article 29

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SUPPLEMENT TO THE STATE GAZETTE
OF THE REPUBLIC OF INDONESIA
NUMBER 3475