INDONESIA. Law on Population Development and Prosperous Family of 1992.
Considering: a. whereas, the national development involves all dimensions and aspects of life, including the development of quantity and quality of the people and quality of the families to achieve prosperity, welfare, and happiness for the society.
b. whereas, a large and inappropriate population, and imbalanced with an environment ability to support and accommodate, could influence all segments of life of the society.
c. whereas, in view of the above points, quantity of the people, quality of the people and quality of the families as well as controlled mobility, developed and directed to form a robust source of human resource for national development and resilience.
d. whereas, in the effort to control quantity of the people, the development of quality of the people and quality of the families as well as the directing of the mobility of the people as mentioned above, it is considered necessary to fix the population development and family prosperity with a law.
With view to: Article 5 paragraph (1) and Article 20 paragraph (1) of the 1945 Constitution
With the consent from
the Republic of Indonesia Parliament
(Dewan Perwakilan Rakyat Republik Indonesia)
To ratify: Law on Population Development and Prosperous Family
SECTION I. GENERAL
Article 1. Within this Law, what is meant by:
(1) Population Development is the change in population situation and its characteristics within a period of time, either caused by natural process or caused by the influence of social, economic, cultural, and environmental change, which involves the quantity, growth, quality and mobility.
(2) People is any or a family member that resides in a certain place within the nation territory within a certain period of time.
(3) Population is anything relate[d] to the quantity, main characteristics, growth, disposition, quality, condition of welfare which involves economic, social, culture, religion and environment of the people.
(4) Family is a group of people in the form of the smallest unit in a society, which consists of husband-wife, or husband-wife and their children.
(5) Prosperous Family is a family establishe[d] based on formal marriage, able to properly fulfill their material and spiritual needs, [with] harmonious, well-balanced, and acceptable relationships with the society, environment, nature and God.
(6) Family Planning is an effort to increase the society awareness and participation through delayed-marriage, birth control, development and increment of family welfare, and other efforts to create the family prosperity based on the Small and Prosperous Family Norm.
(7) Small Family is a family that has an ideal number of members which enable them to fulfill their welfare and happiness, both for the family and for the society.
(8) Small and Prosperous Family Norm is a standard institutionalized and culturized within each individual, family, and society, to motivate establishment of an ideal number of members within a family and a fair condition to form the physical welfare and mental happiness.
(9) Family Resilience is an element of national resilience which takes the form of a dynamic condition of a family, including its members, which have the stamina and strength and contains physical-material and psychological-mental abilities for self-reliance and develop himself and his family to live in harmony and love in increasing the physical welfare and mental happiness.
(10) Self-reliance is a mental attitude of an individual, family, and society in the form of efforts to increase the society awareness in development, delayed-marriage, develops and increases family resilience, birth control and the increment of the quality and welfare for himself, his family, and society, with the use of self-reliance as far as possible based on consciousness and responsibility.
(11) Quality of People and Family is the condition of people and family measures with the criteria of education, health, economy, other social-cultural, self-reliance and mental-spiritual and religion, which are bases for development of their ability and to enjoy life as a human being, with culture, personality and in a reasonable condition.
(12) Mobility of People and Family is the [spatial] movement beyond administrative boundary of a county (Daerah Tingkat II).
(13) Disposition of People and Family is the condition of the disposition of people based on space.
(14) Distribution of People and Family is the effort to change the disposition of people to make it harmonious and well-balanced with what the environment could support and accommodate.
(15) Migration of People is the change in people's residence which extends beyond the administrative area of a county.
(16) Environment is an integration of a space with all its resources, power, condition and creatures, including [people] and their behaviour, which affects the livelihood and welfare of human and other living creatures.
(17) Nature's Support is the ability of nature's environment and all its elements and resources to support human and other creatures to live continuously.
(18) Established Environment Support is the ability of human established environment to support people's livelihood.
(19) Social Environment Support is the [ability of humans and different groups of people] to live together as a harmonious, peaceful and orderly society.
(20) National Resilience is the nation's dynamic condition which includes aspects of an integrated national life, containing the stamina and strength, containing the ability to develop national strength in facing and overcoming all challenges, threats, obstacles, and disturbances, whether coming from abroad or internally, which directly or indirectly [endanger] the integrity, identity, continuity of the nation and country, and the struggle for the national course.
SECTION II. PRINCIPLES AND BASES
Article 2. Execution efforts for the population development and family prosperity are based on Pancasila and the 1945 Constitution.
SECTION III. POPULATION DEVELOPMENT
AND PROSPEROUS FAMILY
DIRECTION AND PURPOSE
Article 3.(1) Efforts for the population development [are] directed toward control of quantity of the people, the development of quality of the people and directing the mobility of people as a potential human resource so that it will become a strength for national development and national resilience and could give maximal benefits for the people and raise human dignity from all dimensions.
(2) The development of the prosperous families is directed toward control of quantity of the people, the development of quality of people and quality of the families to achieve family self-resilience heading toward the Small and Prosperous Family Norm.
Article 4.(1) The purpose of the regulations for the population development is to achieve a harmonious, proportionate and acceptable balance between the quantity, quality, and disposition of people with the environment.
(2) The purpose of the regulation for family prosperity is to increase the quality of families so that they can feel secure, peaceful and have future certainty in their aim for a physical welfare and spiritual happiness.
Article 5.(1) In order to realize the direction and purpose of population development as stipulated in Article 3 and Article 4, efforts are made to control the quantity, the development of quality of the people and . . . mobility.
(2) The execution of efforts as meant by paragraph (1) is performed by the Government and/or society as a whole and integrated with other efforts in increasing quality of the people.
(3) Efforts as meant by paragraph (1) above [are] executed by considering the support and accommodation ability of the Established Environment Support and Social Environment Support.
(4) To realize the direction and purpose of the development of prosperous families as meant by Article 3 paragraph (2) and Article 4 paragraph (2) efforts are made to control the quantity [and] the development of the quality of the people and families.
SECTION IV. MOBILITY OF PEOPLE AND FAMILY
Article 6.(1) The Government establishes policies for directing the mobility and/or distribution of the people and families in order to obtain an optimal disposition of people and families.
(2) Policies as meant in paragraph (1) [are] based on the balance between the number of population and families with the ability to support and accommodate.
(3) Policies for the mobility of people and families as meant by paragraph (1) [are] fixed from time-to-time by taking into consideration policies as stipulated in paragraph (2).
(4) Regulations on the direction of the mobility and distribution of people and families [are] fixed by Government regulation.
SECTION V. FAMILY PLANNING
Article 7.(1) With the aim to achieve family prosperity, the Government set up policies on family planning execution efforts.
(2) Policies as meant by paragraph (1) [are] performed with efforts to increase integration and society participation, the development of families and birth control, by considering the harmonious, proportionate and acceptable balance between the number of population, the environment ability to support and accommodate, the condition of socio-cultural development, and the social value in the society.
(3) Policies as meant by paragraph (1) [are] related [to] the determination of ideal number of children, spacing between birth, ideal marriage age, and ideal delivery age.
(4) Setting up of policies as stipulated in paragraph (3) is determined from time-to-time based on regulation stipulated in paragraph (2).
Article 8.(1) Birth control as meant by Article 7 paragraph (2) is performed independently through a procedure which is beneficial and acceptable by husband-wife couple in line with their choice.
(2) Execution of birth control is performed in a responsible way from the health, ethic, and people's religion standpoint, and is performed independently.
Article 9.(1) Each husband-wife couple is free to decide in determining the number of children and the spacing of delivery.
(2) The decision as meant by paragraph (1) is based on the awareness and responsibility toward current and future generations and on the Government policy as stipulated in Article 7 paragraph (3).
Article 10. Husband and wife have balanced and equal rights and responsibilities to decide the method of birth control.
Article 11.(1) The usage of contraceptives that are risky for health could only be performed by authorized health personnel.
(2) Procedure[s] for using contraceptives that are risky for health as meant by paragraph (1) [are] performed based on an accepted professional health standard in accordance with the laws and regulations.
Article 12.(1) Exempted from the regulation of Article 534 of the Penalty Law (KUHP) is the display and/or demonstration of birth control equipment [for the] purpose of achieving family planning as regulated in this Law.
(2) Display and/or demonstration of the birth control equipment can only be performed by health workers or authorized personnel in the field of family planning and executed in a proper place.
Article 13.(1) Government regulates the supply and/or birth control equipment.
(2) Supply and/or distribution of the birth control equipment are performed based on the balance between needs, supply and equalization of service.
(3) Development of the technology for birth control is performed by the Government and/or society based on laws and regulations.
Article 14.(1) To achieve the culturization and institutionalization of a small, happy and prosperous family, the Government performs efforts to increase:
a. Information, development and/or service on birth control;
b. The supply of equipment for service on birth control;
c. Counseling on ideal marriage and delivery age.
(2) Regulations on development of family planning as stipulated in this Law [are] further regulated by Government regulations.
SECTION VI. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES
Article 15.(1) Every [person] has the same rights and obligations in the efforts for population development and family prosperity.
(2) Rights and obligations of each [person] as stipulated in paragraph (1) include [all] dimensions of people, involving personal, family, group, society, citizenship, and quality circles dimensions.
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Article 18.(1) Every [person] as a member of a family has equal rights and responsibilities in the effort to build a prosperous family.
(2) Every [person] as a member of a family has the right for establishing family planning by having an ideal number of children, or [being] childless, or adopt[ing] a child, or giving family-living education for children, and other rights in the effort to achieve family prosperity.
SECTION VII. QUANTITY AND QUALITY OF PEOPLE AND FAMILY
Article 19.(1) Government fixes policies to control the quantity of people.
(2) Fixing of policies as stipulated in paragraph (1) is based on the suitability and/or balance between the number of population, the environment ability to support and accommodate, and the condition of socio-economic and socio-cultural development.
(3) Policies as meant by paragraph (1) [are] related to the determination of the number, structure and composition of an ideal population, through control of death, birth control and the direction of mobility of the people in accordance with the environment['s] ability to support and accommodate.
(4) Fixing of policies as meant by paragraph (3) is performed on national and regional levels and is determined from time-to-time based on regulation in paragraph (2).
Article 20.(1) Government fixes policies on execution of betterment of quality of the people and quality of the family based on valid laws and regulations.
(2) Fixing of policies as meant by paragraph (1) is directed toward achieving the quality of the people and quality of the families, which is characterized by self-reliance and resilience, as well as the family resilience as a potential human source, the use of environment and the development of suitability between people and the environment to achieve continuing development.
(3) Policies as meant by Paragraph (1) [are] performed through the increment in physical, non-physical, financing and/or family service qualities.
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Article 22.(1) For developing the optimum potential of all people and families on an equal level, the Government could provide supports for the increment in qualities for families and vulnerable/weak society.
(2) [The] form, kind, and nature of supports as stipulated in paragraph (1) are regulated by Government regulations.
SECTION VIII. PARTICIPATION OF THE SOCIETY
Article 23.(1) Every people and family have ample rights and opportunities to participate responsibly in the population development and the establishment of family prosperity.
(2) Participation in the population development and family prosperity can be exercised through self-reliance organizations, social organizations, private enterprises or individuals.
(3) Society participation is performed voluntarily and independently in accordance with . . . ability.
SECTION IX. DEVELOPMENT AND CONTROL
Article 24.(1) Government exercises the development and control [of] all activities related to efforts on the population development and efforts on the execution of family prosperity.
(2) Development and control performed by the Government as stipulated in paragraph (1) [have] the objectives to:
a. Oversee that population development and performance of family planning is continuing in accordance with the direction and objective of the population development and objective of the family prosperity;
b. Realize efforts for increments in quality of the people and families which could support the execution of national development.
Article 25.(1) In line with the execution of the development and control as stipulated in Article 24, the Government performs the activities:
a. Fixing of a policy on a merit system;
b. Policy as meant in Article 25 paragraph (1a) could be in the form of providing or [withdrawing], or giving lesser opportunities, privileges, facilities, services, subsidies, gifts, appreciation and obligations;
c. Regulation on the merit system as stipulated in Article 25 paragraph (1a) is determined by laws and regulations.
(2) Other than activities stipulated in Article 25 paragraph (1), the Government also performs:
a. Collection of data related to the population and family prosperity;
b. Monitoring of development on the population and family prosperity;
c. Forecast on the population development and planning for the development of prosperous families from time-to-time;
d. Fixing of the target on the timely-balance;
e. Development of services on the population and family prosperity;
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g. Control [of] the impact of development on people, the impact of population development and the impact of the execution of prosperous family program on development.
(3) Other than activities meant in paragraph (1) above, the Government and/or society also perform the activities:
a. Communication, information, and education for people on the population development and family prosperity;
b. Development that drives the smooth performance of the population development and family prosperity in its various dimensions.
(4) Civil, criminal, and administrative violations to regulations in this Law could be penalized in accordance with valid laws and regulations.
SECTION X. CLOSING
Article 26. Effective with the ratification of this Law, all regulations related to performance of the efforts on population development and establishment of prosperous families still prevail as long as they do not conflict with this Law.
Article 27. This Law is effective as of the date ratified.