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Presidential Decree No. 28/2003 On The Declaration of a State of Emergency with the Status of Martial Law in Nanggroe Aceh Darussalam Province
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Presidential Decree No. 28/2003 On The Declaration of a State of Emergency with the Status of Martial Law in Nanggroe Aceh Darussalam Province

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering:

a. that a series of amicable efforts made by the government,either by means of the stipulation of special autonomy for the Province of Nanggroe Aceh Darussalam, as an integrated approach in a comprehensive development plan or as dialog held overseas, has failed to stop the intention and actions by the Free Aceh Movement (GAM) to secede from the unitary State of the Republic of Indonesia and declare its independence;

b. that such a situation and intensified armed violence that has been increasingly geared toward acts of terrorism by the Free Aceh Movement (GAM), have not only disrupted public order and peace, as well as the smooth running of the local administration and the implementation of various development programs, but also has led to widespread and heavy difficulties for the Acehnese community and other communities in the Province of Nanggroe Aceh Darussalam in general;

c. that the situation would eventually disrupt the integrity of the Unitary State of the Republic of Indonesia and thus cannot be allowed to continue, but must immediately be ended through integrated efforts to ensure that public life and the running of the administration can be restored;

d. that in conformity with the mandate in the 1945 Constitution that the President is required to protect the entire nation and the entire motherland of Indonesia, and also in accordance with the authority that the President holds on the basis of the Emergency Law, and after listening to and considering thoroughly all the views and support expressed by the Leadership of the House of Representatives of the Republic of Indonesia, the factions and Commissions I and II of the House of Representatives of the Republic of Indonesia, as jointly decided upon at the conclusion of a consultation meeting on May 15, 2003, between the President and the entire Leadership of the House of Representatives of the Republic of Indonesia, the factions and the two Commissions referred to earlier, and further to this, after observing the development of circumstances and the attitude of the Free Aceh Movement (GAM) in the days after said consultation meeting, which failed to change for the better, it is deemed necessary to declare an emergency at the level of martial law for the entire territory of the Province of Nanggroe Aceh Darussalam;

In view of:

1. Subarticle (1) of Article 4, Article 10 and Article 12 of the 1945 Constitution, as already amended by the Fourth Amendment to the 1945 Constitution;

2. Law No. 23 Prp/1959 on a state of emergency (Statute Book No. 139/1959, Supplement to Statute Book No. 1908) as already amended twice, the latest by Law No. 52 Prp/1960 (Statute Book No. 170/1960, Supplement to Statute Book No. 2113);

3. Law No. 2/2002 on the Police Force of the Unitary State of the Republic of Indonesia (Statute Book No. 2/2002, Supplement to Statute Book No. 4168);

DECIDES

To stipulate:

A PRESIDENTIAL DECREE ON THE DECLARATION OF A STATE OF EMERGENCY WITH THE STATUS OF MARTIAL LAW IN THE PROVINCE OF NANGGROE ACEH DARUSSALAM

Article 1

The entire territory of the Province of Nanggroe Aceh Darussalam is declared to be in a state of emergency with the status of martial law.

Article 2

(1) The President, as the central martial law ruler, shall exercise the highest authority at the level of martial law, as referred to in Article 1.

(2) In exercising the authority of a state of emergency with the status of martial law, the President shall be assisted by the martial law central board of executives in charge of day-to-day operations, which shall comprise:

1. Chairman:

Coordinating Minister for Political and Security Affairs

2. Members :

a. Coordinating Minister for the Economy;

b. Coordinating Minister for Public Welfare;

c. Minister of Social Affairs;

d. Minister of Home Affairs;

e. Minister of Foreign Affairs;

f. Minister of Defense;

g. Minister of Justice and Human Rights;

h. Minister of Health;

i. Minister of National Education;

j. Minister of Manpower and Transmigration;

k. Minister of Resettlement and Regional Infrastructure;

l. Minister of Religious Affairs;

m. Minister of Transportation;

n. Minister of Finance;

o. State Minister of Communications and Information;

p. Commander-in-Chief of the Indonesian Military;

q. Chief of the Police of the Republic of Indonesia

r. The Attorney General;

s. Chief of the State Intelligence Agency;

t. Chief-of-Staff of the Army of the Indonesian Military;

u. Chief-of-Staff of the Navy of the Indonesian Military; and

v. Chief-of-Staff of the Air Force of the Indonesian Military.

Article 3

(1) Martial law in the territory of the Province of Nanggroe Aceh Darussalam shall be exercised by the commander of the Iskandar Muda Military Command, as the regional martial law authority.

(2) In exercising martial law in the region, the chief of the Iskandar Muda Military Command shall be assisted by:

1. the governor of the Province of Nanggroe Aceh Darussalam;

2. the chief of the regional police of the Province of Nanggroe Aceh Darussalam;

3. the chief of the provincial prosecutor's office of the Province of Nanggroe Aceh Darussalam.

Article 4

The Province of Nanggroe Aceh Darussalam, as referred to in Article 1, shall be subject to the provisions of martial law as referred to in Law No. 23 Prp/1959 on a state of emergency, as already amended twice, the latest by Law No. 52 Prp/1960.

Article 5

All expenses arising from the enforcement of this presidential decree shall be borne by the state budget and the regional budget of the Province of Nanggroe Aceh Darussalam.

Article 6

This presidential decree shall take effect as from 00.00 Western Indonesia Standard Time on May 19, 2003, for a period of 6 (six) months, unless extended by virtue of a separate presidential decree.

For public knowledge, this presidential decree shall be published in the Statute Book of the Republic of Indonesia.

Stipulated in Jakarta

On May 18, 2003

PRESIDENT OF THE REPUBLIC OF INDONESIA

sgd.

MEGAWATI SOEKARNOPUTRI

Proclaimed in Jakarta

On May 18, 2003

STATE SECRETARY OF

THE REPUBLIC OF INDONESIA

sgd.

BAMBANG KESOWO

STATUTE BOOK OF THE REPUBLIC OF INDONESIA NO. 54/2003

Copied true to the original

Deputy Secretary of the Cabinet

for Laws and Legislation

sgd.

Lambock V. Nahattands

(Seal of the Secretariat of the Cabinet of the Republic of Indonesia over signature)