STATUTES
AND RULES OF ASSOCIATION
LEMBAGA ADVOKASI HAK ASASI MANUSIA
(Advocation for human rights
organization / NGO)
FIRST PART
STATUTES
LEMBAGA ADVOKASI HAK ASASI
MANUSIA
(Advocation for human rights
organization / NGO)
PREFACE :
On Article 1 Paragraph 1 The Law Number 26 Year 2000
about Human Rights Jurisdiction, declare if the aimed of Human Rights is: A set
of rights that adhere into essence and existence of human being as the creature
of The Mercy of God and forms of gift from God, which must be honored, revered
and protected by state, law, and everybody on the honor and protection of human
being level and prestige.
Protection of human rights able performed by
establishment of National Commission of Human Rights, Human Rights
Jurisdiction, Commission of Truth and Reconciliation. In order to assist the
government in protection efforts of human rights, then as the society elements
feel called in order to establish an organization in the form of LSM (NGO), Non
Political Society Organization, which able become an organization that pay
attention to human rights matter. With expectation will be produced justice,
the existence of law supremacies on the middle of Indonesian nation life, and
also will be produced a condition of safe, conducive and peaceful.
By see the law development, even viewed from
national interest or international interest, then for settle a heavy violation
of human rights matter, also for return safety and peace in Indonesia. So,
Indonesian society is need to take a part and have important role in order to
assist government boy such as Human Right Jurisdiction, in order to Indonesian
Nation not too hang themselves to world organization for settle intern
conflict, including in connection of human rights matter. Hereto our nation is
free deciding their choice for Indonesian society interest, not based on
direction toward other nation.
Human rights is one of aspect of nation life, which
must be revered, protected, honored and appraised, so our nation is not seen
with only one half eye by other nation. Protection of human rights is one of
government efforts, even national or in international world.
Realize of struggle of everybody will be granted due
to gift and mercy of God pass through a seriously and continuously efforts,
then regarded very needed in order to establish NGO in order to struggle Human
Rights of Indonesian society, without see then ethnical group, religion, race
and group, with name Lembaga Advokasi Hak Asasi Manusia (Advocation for
human rights organization / NGO).
CHAPTER
I
NAME,
TIME AND LOCATION
Article
1
This organization have name:
Lembaga Advokasi Hak Asasi Manusia (Advocation for human rights organization /
NGO) shorten L E M S I H A M
Article
2
1.
Established on date 05th September 2007.
2.
PP LEMSIHAM is located on Batam.
CHAPTER
II
PRINCIPLE,
BASE AND CHARACTERISTIC
Article
3
LEMSIHAM have principle of
Pancasila (Five
Principle) and based on UUD 1945 (Constitution 1945).
Article
4
LEMSIHAM is organization
with national characteristic and opened for public, without differ the
background, ethnical group, religion, race and inter-group.
CHAPTER
III
PURPOSE
AND OBJECTIVE
Article
5
LEMSIHAM have purpose and
objective: struggle and protect for Human Rights, keep the wholeness of
Republic Indonesian Unitary State, the produced of political stability, social
culture, existence of
law supremacies, produced of clean and authority government, for the shake of
nation desire for achieved the society of prosperous, safe, fair and luxurious.
CHAPTER
IV
FINANCES
Article
6
Financial of LEMSIHAM obtained
from:
1)
Assistance or contribution from personal, government
instance or private sector, which pay attention to activities in connection
with human rights protection.
2)
Other legal and rightful income from every LEMSIHAM activities.
CHAPTER
V
MANAGEMENT
BOARD
Article
7
1.
LEMSIHAM managed and led by Management Board at
least The Head, Secretary and Treasurer.
2. The member of Management Board, chosen and appointed by
Founder for time period of 5 (five) year, and able appointed maximum for 1
(one) more time.
3.
Management that already expiry his/her occupation, due
to 2 (two) times become management able appointed / chosen again after break
time for 1 (one) period of management.
4.
The member of Area Management Board, chosen and
appointed by Founder Board and stipulation about Central Management Board also
valid for Area Management Board.
5. If regarded need, Central Management Board able formed
Expert Board, which the composition regulated by Central Management Board.
CHAPTER
VI
MEMBERSHIP
OF MANAGEMENT BOARD
Article
8
1.
Membership of management board is finished, because of:
a.
His/her occupation time period expired and not
appointed anymore.
b. Pass
away.
c. Resign
on his/her own request in written.
d.
Terminated based on decision of Management Board
Meeting.
2.
Management member that terminated as aimed in paragraph
1 sub d above, given a chance in 1 (one) month time period after that
termination, in order to proposing self-defense in Federation Meeting of
Management Board and Founder Board.
CHAPTER
VII
RIGHTS
AND OBLIGATION OF MANAGEMENT BOARD
Article
9
1.
Management Board is obliged for revered and carry out
stipulations on The Statutes and Rules of Association LEMSIHAM, also
perform any efforts in order to the existence of purpose and objective of this
organization.
2. Management Board arrange as needed in rules of
association, about implementation stipulations from this Statutes and makes
also arrange that stipulations cannot in contradiction with this Statutes.
3. Stipulations aimed on paragraph 2 above, regarded legal
after obtain approval from Founder Board Meeting.
CHAPTER
VIII
MEETING
Article
10
1.
Management Board is obliged perform meeting at least 3
(three) times in a year, and in every time if regarded needed by The Head of
Management Board based on request at least ½ (a half) of management board
amount, which give their written order.
2.
Every meeting led by the Head, if the Head cannot
attend led by the Vice Head, and if Vice Head cannot attend, then meeting led
by one of member who attends.
3.
Without release other stipulations from this Statutes,
then Management Board Meeting is regarded legal if attended by at least ½ (a
half) of management board member.
4.
If meeting attended by not enough as regulated on
paragraph 3, then Chairman Meeting able call for new meeting at fastest 1 (one)
week and at latest 2 (two) week after first meeting, in meeting that able make
a legal decisions about first meeting program, without concern the amount of
management board member who attend.
5.
Every decision made based on majority vote like
usually, and if the vote of agree and disagree are have same amount, then Head
of Management Board will be deciding.
Article
11
Founder Board is obliged perform
meeting at least 1 (one) time in a year, and in every time if regarded needed
based on request at least 2 (two) member of Founder Board, included short
explanation about matter will be talking about.
CHAPTER
IX
CHANGING
OF THE STATUTES /
RULES OF ASSOCIATION
Article
12
Changing of the Statutes and Rules
of Association only able performed in Federation Meeting, which attended by
founder and management.
CHAPTER
X
DISSOLUTION
Article
13
If Lembaga Advokasi Hak Asasi
Manusia (Advocation
for Human Rights Organization) dispersed, then Management obliged in order to
settle everything including if there are any debt or any rest of property or
financial, which the using decided by the Founder with concerning Purpose and
Objective of this organization establishment.
CHAPTER
XI
CLOSING
Article
14
Anything that not regulated yet in
this Statute will be arranged in Rules of Association or other Stipulations,
which have not contradiction with this Statute.
SECOND PART
RULES OF ASSOCIATION
LEMBAGA ADVOKASI HAK ASASI
MANUSIA
(Advocation for human rights
organization / NGO)
__________________________________________________________________________
CHAPTER
I
SYMBOL
Article
1
The meaning of symbol as follows:
1.
Five Sided Frame, symbolizing this organization have
principle of Pancasila (Five
Principle).
2. Star Sign, symbolizing a glorious desire as high as
star in the sky, which never dim as long as the time.
3. Pair of Scales, symbolizing a struggle for uphold the
law supremacies, maintain the justice and struggle for protection of human
rights.
4. Opened Book, symbolizing a struggle to wipe out
stupidity in order to raise poverty in Indonesian people life.
5.
Letter of Lembaga Advokasi Hak Asasi Manusia (Advocation for Human Rights
Organization), have meaning progress and struggle move of LEMSIHAM is in
order to uphold the justice and truth and protection for human rights based on
Pancasila (Five Principle) and UUD 1945 (Constitution 1945).
CHAPTER
II
MEMBERSHIP
Article
2
Membership
Qualifications
1.
Indonesian citizen.
2.
Give priority to someone who passes BA degree of Master
of Law.
3.
Able following designated activities by LEMSIHAM organization.
4.
Accepting LEMSIHAM Pledge: Struggle for Nation
and All of Indonesian People, and Uphold the Justice Although the Sky Fall Out,
also Protecting and Struggling Human Rights.
5.
Not involved with forbidden organization, even directly
or indirectly, even national or international level.
Article
3
Member
Obligation
Every member is obliged:
1.
Inspire and practice the tenets of Pancasila (Five Principle) and
UUD 1945 (Constitution 1945).
2.
Inspire and practice LEMSIHAM Pledge.
3.
Assist the Head in performs organizational duty, even
requested or not requested.
4.
Practice and struggling all of vision, mission and work
program of LEMSIHAM organization.
5.
Defied every efforts or activities that damaging
LEMSIHAM.
6.
Attending meetings and all of LEMSIHAM activities.
Article
4
Member
Rights
1. Obtain
same treatment in LEMSIHAM organization.
2. Cast
on opinion and proposing motion, suggestion, also question, even oral or
written.
3. Choosing
or chosen as management.
4. Obtain
guidance from LEMSIHAM organization.
5. Represent
organization, in order to following activities out side of LEMSIHAM suitable
with direction and decision of LEMSIHAM organization.
6. And
as arranged in LEMSIHAM organization.
Article
5
Organization
Stipulations
1.
Member of LEMSIHAM organization are forbid become
member of forbidden organization, likewise to Forbidden Party that already
decided by government.
2.
Member or management of LEMSIHAM organization must be
obey to the Head of higher organization structure, in cases not contradiction
with the Statute / Rules of association.
Article
6
Member
Termination
Member or Management of LEMSIHAM
organization is decided terminated if:
1.
Based on own request stop become member of LEMSIHAM
organization, which submit in orally or written to head of organization that
strengthened by one witness.
2.
Pass away.
3.
Terminated.
Article
7
Stipulations
of Member Termination
1.
Member of LEMSIHAM organization able temporary
terminated or terminated, due to perform action in contradiction with the
Statute / Rules of association LEMSIHAM or in expressly not perform his/her
obligation as member of LEMSIHAM organization, or violate the organization
discipline, also defiled honor and good name of organization.
2.
Before terminated, the connection member given written
warning as much as 3 (three) times by Head of Organization Management, where
he/she registered as member. Time period
from first written warning and next warning is at least three days.
3.
If in 15 days time period after last warning not
concerned, then the connection person will be temporary terminated for 3
(three) months.
4.
The temporary terminated member able become fixed
member again or terminated for continuously after obtain consideration that
decided by plenary meeting.
5.
Decision of temporary or fixed termination of LEMSIHAM
member, in central level performed by central management based on written
motion by area/branch management that decided by plenary meeting.
6.
Member who temporary or fixed terminated able proposing
appeal, for central management, area and branch, for area member performed in
area meeting and branch meeting.
7.
The authority of termination of Province Area / Special
Area Management performed by Head of Central Management based on motion of Head
of Province Area / Special Area Management.
Article
8
Freezing
The Management
1.
Head of Central Management able freeze the Province
Area Management and Special Area Management on their bottom level, which the
decision-making decided by at least by Central Management Meeting.
2.
The reason of freezing must be suitable with The
Statute / Rules of association of LEMSIHAM.
3.
After freezing happened, then management of frozen Head
Organization Management of LEMSIHAM occupied by central management.
4.
The temporary management as aimed by paragraph 4 of
this article, has duty in order to prepare meeting implementation based on
level that will choose the new management.
5.
At the latest 3 (three) months after freezing, must be
implemented meeting based on level in order to choose the new management.
CHAPTER
III
EXPERT
BOARD
Article
9
Structure of Expert Board
1.
Member of Expert Board is the Collective Organization
Advisor, where organization of he/she is registered as Expert Board suitable
with the level in implementing and controlling every efforts of LEMSIHAM
organization.
2.
The amount of Expert Board of Central Management (PP)
as much as 10 people, Province Area Management (PDP) as much as 5 people, and
Special Area Management (PDH) as much as 3 people.
CHAPTER
IV
ORGANIZATION
STRUCTURE
Article
10
Central
Management
1.
Central Management is the highest head of LEMSIHAM
organization with collective characteristic.
2.
Central Management have authority:
a.
Deciding LEMSIHAM organization policy for National
level suitable with the Statute and Rules of association, also others LEMSIHAM
organization stipulations.
b.
Legalize composition of Province Area Management /
Special Area Management.
c.
Freezing management of head of Province Area Management
(PDP) and head of Province Area Management (PDP) Special Area Management (PDH)
on bottom level based on the Statute and Rules of association.
3.
Central Management have obligation:
*
Perform every stipulation and policy of
LEMSIHAM organization suitable with the Statute and Rules of association, and
other LEMSIHAM organization stipulation.
Article
11
Province
Area Management
1.
Province Area Management is the head of LEMSIHAM with
collective characteristic for Province Area.
2.
Province Area Management have authority:
a.
Deciding LEMSIHAM organization policy for Province Area
level suitable with the Statute and Rules of association.
b.
Give recommendation to head of Central Management in
order to legalize composition of Province Area Management.
3.
Province Area Management have obligation:
a.
Perform every stipulation and policy of LEMSIHAM
organization suitable with the Statute and Rules of association.
b.
Make a routine report to Central Management.
Article
12
Special
Area Management
1.
Special Area Management is the head of LEMSIHAM with
collective characteristic for Special Area.
2.
Special Area Management have authority:
a.
Deciding LEMSIHAM organization policy for Special Area
level suitable with the Statute and Rules of association.
b.
Give recommendation to head of Central Management in
order to legalize composition of Special Area Management.
3. Special
Area Management have obligation:
a.
Perform every stipulation and policy of LEMSIHAM
organization suitable with the Statute and Rules of association.
b.
Make a periodically report to Central Management.
Article
13
Structure
of Central Management
The structure of central
management is:
a.
Head
b.
Vice Head
c.
Secretary
d.
Vice Secretary
e.
Treasurer
f.
Vice Treasurer
CHAPTER
V
CLOSING
STIPULATION
Article
14
1.
Anything that not regulated yet in this Rules of
Association will be arranged in advanced by Head of Central Management by
Decisions and Stipulations of Lembaga Advokasi Hak Asasi Manusia (Advocation for Human Rights
Organization) LEMSIHAM.
2.
This
Rules of Association is valid since the decided date.
Batam,
5th September 2007
Lembaga Advokasi Hak Asasi
Manusia
Advocation for Human Rights
Organization
LEMSIHAM – BATAM
YULMIA MAKAWEKES, SH
Executive Director
