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INDONESIA. Elucidation on Law of the Republic of Indonesia, Number 10/1992 on the Development of Population Affairs and the
Upbuilding of Prosperous Families.
General
1.
The main target of the Long-Term Development is the realization of the quality of Indonesian man and the quality of Indonesian
community, which is advanced, in a spiritually and physically peaceful and prosperous atmosphere in the community life system, the
nation life system and the state life system on the basis of Pancasila and the 1945 Constitution in a life atmosphere of the Indonesian
nation which is all harmonious, compatible and balance in human relationships, in the relationship between man and his society and man
and the environment as well obedient to God the Almighty.
2.
In the effort to attain the said main target it is necessary to make efforts to develop population affairs and the upbuilding of
prosperous families with a view to the realization of harmony, compatibility and balance among number, quality and spread of population
and the realization of the quality of prosperous families in developing the Indonesian man totally.
Population large in number and good in quality constitutes an asset for the implementation of development and potency for the
improvement of development in every field. However, a large number of population if not coupled with quality development may
become a burden to development and may reduce the results of development which may be enjoyed by people. To control and at the
same time utilise the large number of population it is necessary to make efforts to regulate the development of the quality of the
population and the quality of families the implementation of which is conducted comprehensively and in an integrated manner among all
sectors of Government and between the government and the community.
3.
In view of the policy of population affairs and prosperous families encompassing various aspects, among other things, citizenship,
population census, health, manpower, transmigration, marriage, social welfare, children welfare, the environment, already provided for in
various laws, this Law provides for the aspects of population affairs development and the upbuilding of prosperous families.
4.
Policies in the development of population affairs and the upbuilding of prosperous families are geared towards the control of
population quality, the development of population quality and family quality and the orientation of population mobility as human
resources so that people shall become a force for the development of the nation and shall be effective in an effort to realize the quality of
community life which is always on the increase in a more integrated manner. Policies in the development of population affairs and the
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upbuilding of prosperous families are implemented to attain harmony, compatibility and balance between quantity and quality, and
between the spread of population and the supporting capacity and the accommodating capacity of the environment.
Efforts to develop prosperous families, including planned parenthood, are intended not only for the regulation of births but also for the
creation of happy and prosperous families. Efforts to regulate births lead to the creation of small, healthy, happy and prosperous families,
and provide and foundation for the fulfillment of the norm regarding the ideal number of family members, which enables the realization
of happiness and prosperity of families and community.
Efforts to develop population affairs and the upbuilding of prosperous families are still based on awareness, a sense of responsibility and
voluntariness by taking into account the religious values and social norms as well as the norm of decency.
5.
The scope of regulation of this Law encompasses all people residing in the territory of the Republic of Indonesia. On the basis of
the prevailing stipulations and laws, residents in Indonesia consist of citizens of the Republic of Indonesia, foreign citizens and foreign
diplomats representing their respective countries. The Law applies to citizens of the Republic of Indonesia and to foreign citizens who
are stated as Indonesian residents by virtue of the laws, while foreign diplomats as Indonesia residents shall be subjected to the prevailing
stipulation and laws and/or conventions.
6.
In connection with the above, to provide flexibility in the regulation of problems related to population affairs, in particular the
development of population affairs and the upbuilding of prosperous families through the implementation of planned parenthood, this Law
shall formulate things which are general in nature, thus making it easy for adjustment in case of the development of circumstances in
future.
Article by Article
Article 1.
The terms formulated in this Article are intended for uniformity in interpretation of this Law and its implementation
regulations:
1.
Referred to as a particular time is at least six months of residence or deliberately residing in that place.
2.
The main feature of population affairs includes, among others, structure, age, six, education, profession, ethnic group and religion.
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3.
Sufficiently clear.
4.
Sufficiently clear.
5.
Sufficiently clear.
6.
Sufficiently clear.
7.
The term of spatial aspect is the same as spatial, namely, being concerned with space and place. Including in the sense of mobility is
migration, which is a change in people's residence.
8.
Sufficiently clear.
9.
Sufficiently clear.
10. Referred to in this sense as a family in a nucleus family. In the family system in Indonesia a family accommodates also
grandparents and relatives. Those family members remain the responsibility of the family concerned.
11. Sufficiently clear.
12. Sufficiently clear.
13. Sufficiently clear.
14. Sufficiently clear.
15. Spiritual, mental and psychological ability includes the comprehension of Pancasila ideology, cultural strength and religious
conviction.
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16. The popularisation of the norm of a small, happy and prosperous family in an individual, family and community is undertaken on
the basis of awareness, voluntariness and a sense of responsibility to the present generation and the generation to come, by taking into
account religious values and socio-cultural values.
A small family is a family consisting of an ideal number of member so that it enables the realization of prosperity and happiness for both
the family and the community.
17. Included in the sense of the environment is a natural environment, a development environment and a special environment. A
development environment is an environment made by man or a physical environment already changed for the welfare of people with
resort to science and technology. A social environment encompasses the relationship between man and institutes and social institutions,
culture and religion.
18. Sufficiently clear.
19. Sufficiently clear.
20. Sufficiently clear.
Article 2.
The principle of living in balance is intended to keep the balance between interests with regard to the efforts to develop
population affairs and the upbuilding of prosperous families, namely, between material and spiritual interests, and between the interests
of each dimension of population affairs.
The principle of benefit is the foundation so that all efforts referred to in this Law shall provide the greatest benefits for the population in
all their dimensions.
The principle of sustainable development is connected with the relevancy and sustainability of development of generations in all aspects,
including the sustainability of the other principles of national development such as just and even principle, the principle of law awareness
and the principle of self-confidence. National development, which encompasses efforts to develop population affairs and the upbuilding
of prosperous families have a long-term effect on the future generation of the Indonesian population as well as the supporting capacity
and the accommodating capacity of the environment which supports their life.
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Sustainable development is development which guarantees harmony, compatibility and balance between population and the environment
so that it can support the life of the nation from generation to generation at all times. Such development constitutes conscious and
planned efforts in using and managing natural resources and human resources wisely.
Article 3.
Sub-article (1). Population in all their dimensions constitutes one of the productive basic assets and human resources for national
development in all fields, if population develops in proper-quantity, high-quality, and spreads in keeping with the supporting capacity and
the accommodating capacity of the environment, the condition of such population shall become an element for national resilience which
is strong and able to face and surmount all threats, challenges, obstacles and disturbances for the continuity of the life of the nation and
the state.
Therefore, efforts to develop population affairs must be geared towards the control of population number, the development of population
quality and the orientation of population mobility together with efforts for the upbuilding of prosperous families through planned
parenthood geared towards the development of family quality.
Control of population number encompasses efforts connected with the growth, number and main characteristics of population. Apart
from planned parenthood, efforts to control population number is also supported by various efforts in other fields, including health,
education, the improvement of the role of women and the distribution of population.
Sub-article (2). Sufficiently clear.
Article 4.
Sub-article (1). Harmony, compatibility and balance between population number and the environment concerns the ideal ratio between
the number of people and the supporting capacity as well the accommodating capacity of the environment.
Harmony, compatibility and balance between the quality of population and the environment concerns the capacity of population in
utilising and making efficient use of the supporting capacity and the accommodating capacity of the environment to fulfil their life needs
without damaging the continuity of the function of the environment.
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Population of high quality can improve the supporting capacity and the accommodating capacity of the environment so that optimum
benefits can be obtained. For example, through the application of science and technology the productivity of land may be improved for
the construction of houses, the development of agriculture, industries and other things so that more people may benefit form the land.
Harmony, compatibility and balance between the spread of population and the environment concerns the distribution of population
number in the regions in accordance with the supporting capacity and the accommodating capacity of the environment and population
mobility.
Sub-article (2). Sufficiently clear.
Article 5.
Sub-article (1). Equal rights mean that every resident irrespective of ethnic groups, religion, racial category and tribe have rights in the
efforts to develop population affairs and the upbuilding of prosperous families in keeping with the rights of population connected with
the dimension of population as provided for in this Law.
Sub-article (2). The group of quantities is population as a macro number detailed into demographic features, among others, age and sex.
Article 6.
The rights in this article hold good also for foreign citizens who are Indonesian residents with the provisions as laid down in the existing
laws.
Letter a:
The right to develop oneself includes choosing and taking education and training all life long in accordance with talent ability
and ambition, having work and professional field and a field of interest which may be concentrated on in accordance with one's ability to
realize one's aspirations and obtain physical and spiritual satisfaction in one's life.
Letter b:
The right to make use of an area left by custom provides a guarantee that a group of people who have for generations
cultivated an area according to custom will not lose their interests because of new-comers. for example, several tribes or groups with
unique life style cannot be forced to change their way of living so that it shall be the same with the way of living of other people. The
change shall be in keeping with the change they desire themselves.
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Letter c:
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Every citizen has standards and dignity which are equal, regardless of status, education, economic ability and conditions,
including physical or non-physical disability.
Indigenous residents here are not only in the sense of tribal, racial or religious factor but also the factor of the time spent residing in a
particular area in line with local socio-cultural life.
Letter d:
In development planning, including the planning of the development of population affairs, every demographic group must be
included as population in a macro way. For example, in the registration and census of population, the distribution of areas, the
determination of the target for the development of population affairs, the determination of the number of representatives in general
election, the provision of village assistance, and others regardless of tribe, religion, racial group, age, and sex. The implementation of the
exercise of rights as group of quantities has brought in conformity with the prevailing laws.
Article 7.
Every family may determine how many children they would like to have, in accordance with their condition and ability, by
realizing their responsibility to the society and the development of children. The implementation of child adoption as referred to in this
article is based on the prevailing laws.
Other rights are mentioned to accommodate the rights to develop in the future in realizing prosperous families as a result of the
development of the era. The success of development in a certain period of time leads to the improvement of family aspirations to obtain
better quality of life and extend the content of family welfare.
Article 8.
Sub-article (1). Sufficiently clear.
Sub-article (2). The regulation of the ideal size of family, family education, development of the quality of residential environment
constitutes a need in an effort to develop quality. Therefore, this obligation constitutes an obligation inseparable from the development
of population quality in all dimensions.
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Sub-article (3). Apart from the obligations as referred to in sub-article (2), in the interest of data taking and planning of the development
of population quality, every resident is obligated to make records of births, deaths, changes of addresses, marriage and other obligations
in line with the existing laws for the recording of every activity connected with population affairs.
Article 9.
Sub-article (1). Sufficiently clear.
Sub-article (2). Efforts to upbuild prosperous families are implemented through improvement of knowledge and a change in attitude
and behaviour by taking into account the plurality of the Indonesian society.
Sub-article (3). The integration of efforts to develop population affairs and the upbuilding of prosperous families implemented by the
Government and the community must be provided for to obtain optimum results.
The integration is horizontal and inter-sector in nature or vertical between central institutions and regional ones. The said integration
includes also the co-ordination between the Government and the activities of the community. The supporting capacity of natural
environment is reflected in the number of people which may fulfil their basic life demand by the natural resources utilisable without
disrupting the balance between the function of ecosystem in the said area.
The accommodating of development environment of an area is reflected in the physical density of population, that is the number of
people whose life needs may be served properly by space, infrastructures, facilities, residential areas, facilities and services available.
social environmental accommodating capacity is reflected in the balance and spatial harmony, that is the capacity to manage social
density and common life resources, and surmount differences between population groups, such as between ethnic groups, religious
groups, economic groups, residential areas and so forth.
Article 10.
Sub-article (1). Sufficiently clear.
Sub-article (2). Sufficiently clear.
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Sub-article (3). Sufficiently clear.
Sub-article (4). Sufficiently clear.
Article 11.
Sub-article (1). The development of the quality of population is in principle already provided for in various laws for example the Law
on Education, Law on Health, Law on Transmigration, Law on Manpower and so forth. Therefore in the determination of policies
regarding the development to population quality, the stipulations mentioned above are inter-related and their implementation must be
done in an integrated and comprehensive manner.
Sub-article (2). Sufficiently clear.
Sub-article (3). Physical quality includes fitness related to physical fitness, health, and physical stamina so that one can undertake
productive activities.
Non-physical quality includes the quality of identity: intelligence, mental resilience and independence; quality in socializing; social
solidarity and the ability to live in a society; quality of work: productivity, tenacity and work achievement; quality of environmental
concept as well as the quality of religion: faith, strength of ethics and morality.
Article 12.
Sub-article (1). Population potential is different from one person to another. some people have a better potential in physical qualities
while others have a better potential in non-physical qualities.
However, every person has his own potential, for example a blind man may have a better hearing, a more sensitive artistic feeling or a
higher ability for abstraction. Therefore, quality development must be done personally towards one's optimum quality potential.
Sub-article (2). Referred to as education in this sub-article is education in a broad sense, including life long education to improve
capacity and fulfil community aspirations. Facilities and means include, for example, access by the community to data base, and the
provision of public sports fields in every location of residence or for a certain number of people.
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Sub-article (3). Ethical and religious values should serve as a filter before applying or accepting development technology, such as the
use of medicine to form the ability of the brains and muscles to get the best achievement in sports.
Article 13.
Sub-article (1). Vulnerable community includes a group of people who do not have or do not have enough opportunities to develop as a
result of their physical and non-physical condition, for example group of poor people, people in isolates areas and people in an area with
critical environment, working in a vulnerable position, neglected children and disabled people.
Sub-article 2. the form of facilities is, for example, the supply of special stairs for wheel-chairs in a building, school and means of public
transport sign language as complement in a TV educational program, the obligation to make available toilets for women in proper ratio
with the number of working women in a factory.
The type of facility is related to the type of obstacle to be surmounted. the nature of facility includes subsidy, leniency in requirements,
for example with regard to entry to schools for children from areas whose quality must be improved, and forth.
Article 14.
Sub-article (1). Population mobility and/or the distribution of population may be in form of migration, through Government's policy
such as transmigration or on one's own free will. the policy regarding the orientation of population mobility and or the distribution of
population is closely linked with the policy concerning the distribution of development activities which encourage the occurrence of
spatial movement between regions.
Therefore, development policies must take into account of the consequence of the spread of population in an optimum way. The
government may determine an area as a closed area if entry migration is not compatible with the supporting capacity and the
accommodating capacity of the environment.
Article 15.
Sub-article (1). Sufficiently clear.
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Sub-article (2). Sufficiently clear.
Sub-article (3). Sufficiently clear.
Article 16.
Sub-article (1). Referred to as the effort to set up planned parenthood is the effort to for a small prosperous family. the upbuilding of a
small prosperous family has stages, regarding targets, activities and time dimension.
Sub-article (2). Sufficiently clear.
Sub-article (3). Sufficiently clear.
Sub-article (4). Sufficiently clear.
Article 17.
Sub-article (1). The implementation of the regulation of births must always take into account the standard and dignity of man as well as
pay heed to the religious and socio-cultural values existing in the community.
Sub-article (2). To avoid matters with a negative impact, all devices, medicines and methods used to regulate pregnancy must be
medically safe and must be justified in terms of religious, morality and ethics.
Article 18.
Sub-article (1). Sufficiently clear.
Sub-article (2). Sufficiently clear.
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Article 19.
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Husband and wife must be in agreement as regards the regulation of births and the method adopted so that the objective
shall be well reached. A decision or an action unilaterally taken may lead to failure or may cause a problem in future. Equal obligation
shared by both also means that if the wife cannot use the device, medicine and method to regulate pregnancy, for example owing to
health reasons, the husband shall use the device, medicine and method designated for men.
Article 20.
Sub-article (1). As the implementation of using the device, medicine and method to regulate pregnancy is related closely to health
problems, the device, medicine and method to regulate pregnancy must be used with advice from and or by health personnel in order to
avoid danger to health.
Therefore, the human right of the participants of planned parenthood will remain guaranteed with the
implementation of good and professional measures by health personnel.
Health personnel providing services in planned parenthood shall obtain legal protection in performing their tasks in keeping with the
professional standard already set. Everyone may obtain compensation as a result of neglect or error committed by health personnel in
providing services in planned parenthood.
Sub-article (2). Sufficiently clear.
Article 21.
This article is intended to protect the community against measures which may lower the morality of the Indonesian nation.
Although this Law allows the showing and or display of devices, medicine and method to regulate pregnancy, in its implementation this
is limited only for the purpose of planned parenthood performed by authorised personnel with due observance of the system of values of
the Indonesian people in their life. Proper place and proper method mean that showing or displaying devices must be conducted at a
proper place or a place assumed to be proper for this purpose with planned parenthood as the objective, while the participants must be
able to assume or should know or should practise planned parenthood using the devices, medicine and method to regulate pregnancy.
Article 22.
Sub-article (1). The regulation here is intended so that the need for devices and medicine to regulate pregnancy shall be fulfilled, both
quantitatively and qualitatively, so that the objective of planned parenthood may be attained.
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Supply encompasses also the production of devices and medicine to regulate pregnancy so that the supply may fulfil the need of the
community evenly.
sub-article (2). Sufficiently clear.
Article 23.
Sub-article (1). The service given encompasses also the handling of errors or complications arising from the services provided.
Sub-article (2). Sufficiently clear.
Article 24.
Sub-article (1). The participation of the community in developing population affairs and upbuilding prosperous families is very
necessary, in view of the fact that efforts to develop population affairs and upbuild prosperous families cannot be undertaken only by the
Government. To this end the participation of the community is needed so that the burden of implementing development can be
shouldered together by the Government and the community.
It is necessary to create an atmosphere which more and more increases the active role and the dynamic role of all people in an effort to
implement national development. The participation of the community can be done voluntarily and independently in line with the
capacity of each.
Sub-article (2). Self-help institutions and social organisations referred to in this sub-article are those with activities in the development
of population affairs and the upbuilding of prosperous families encompassing:
a.
professional groups, which on the basis of profession are moved to handle problems of population affairs and prosperous families;
b.
groups of interest, which are interested to do something for the development of population affairs and the upbuilding of prosperous
families.
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In performing their roles as auxiliaries, self-help institutions and social organisations shall make efficient use of themselves as means for
the participation of as many members of the community as possible to attain the objective of the development of population affairs and
the upbuilding of prosperous families.
Article 25.
Sub-article (1). Sufficiently clear.
Sub-article (2). Referred to as efforts are among others education for mothers, improvement of the use of maternal milk, improvement
of the development of the welfare of babies and children under five years old, improvement of families earnings, and improvement of the
role of women in general.
Sub-article (3). The process of the development of population affairs and the upbuilding of prosperous families shall take place
naturally and will be influenced also by other factors outside efforts of development so that the process can go towards different
conditions that what has previously estimated. For example, the growth of population which far exceeds the target, will disrupt the
balance between man and the environment and will influence the target to be attained by development efforts. Therefore, it is necessary
to set the target to be attained periodically.
The development of the service for population affairs and prosperous families encompasses, among others, clinics, impact clinics,
consultations on mental resilience and so forth. Intervention shall be conducted preventively if there is a tendency leading to a condition
which does not support the implementation of the objectives of the development of population affairs and the upbuilding of prosperous
families as referred to in Article 4, or which is repressive if when there is revision from the objective set. Control of impact does not
concern only impact on physical environment but also impact on non-physical environment, including social and cultural aspects.
Sub-article (4). Efforts of communication, information and education for people on the development of population affairs and the
upbuilding of prosperous families include also information on the technology available for the community, education and consultation on
the upbuilding of family life, including education on sex and the service for the fulfillment of the needs of people and or families.
This education includes the improvement of knowledge, change in attitude and behaviour towards families and the community regarding
the significance of reproduction in a healthy way so that this shall become part of proper way of living. The service for the fulfillment of
the need of people and or families includes, among others, the service of information, contraception devices, including services of
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reference in handling the side-effects, complications, failures, medical guidance, development of under-five-year-old children and so
forth.
Sub-article (5). Sufficiently clear.
Article 26.
Sub-article (1). Measures and actions to stimulate and encourage efforts to develop population affairs and the upbuilding of prosperous
families shall be implemented with an incentive system and the awarding of appreciation. Incentive stimulates the community to practice
efforts or behaviour of population which can be in various forms, including tax leniency, credit facilities and licensing for activities
supporting policies in controlling the n umber of population, the development of population's quality and or the orientation of population
mobility; for example for the opening of new businesses in areas where there is potentially high supporting capacity so that this shall
encourage mobility of people from areas with low supporting capacity.
Actions and measures as mentioned in this article can also be geared to the awarding of appreciation to everyone with merit in the
development of population affairs and the upbuilding of prosperous families.
Article 27.
Sufficiently clear.
Article 28.
Sufficiently clear.
Article 29.
Sufficiently clear.