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Friday, December 22, 2006

Terima Kasih Ibu, Majulah Perempuan Indonesia

......pengajaran dan pendidikan anak perempuan, bukan untuk menjadi saingan laki-laki. Tapi ....agar wanita lebih cakap melakukan kewajibannya, kewajiban yang diserahkan alam sendiri ke tangannya yaitu menjadi ibu, pendidik manusia yang pertama-tama. [dikutip dari Surat Kartini kepada Prof. Anton dan Nyonya, 4 Oktober 1902]

22 Desember, 78 tahun yang lalu tepatnya pada tahun 1928, para pejuang perempuan Indonesia untuk kali pertama bekumpul dalam sebuah kongres perempuan yang diselenggarakan di Yogyakarta di sebuah gedung yang sekarang dikenal Mandalabhakti Wanitatama. Kongres yang menghasilkan Kongres Wanita Indonesia (KOWANI) ini di anggap sebagai tonggak sejarah perjuangan perempuan Indonesia. Sebagai simbul perjuangan kaum perempuan, Presiden Sukarno melalui Dekrit Presiden Nomor 316 Tahun 1959 menetapkan tanggal 22 Desember sebagai Hari Ibu. Meski demikian, hari itu bukan awal dari pergerakan perempuan Indonesia.


Jauh sebelumnya, muncul sejumlah pejuang pemajuan perempuan Indonesia. R.A. Kartini, misalnya, melalui surat-suratnya telah membuka mata dunia tentang pentingnya memperjuangkan hak perempuan sesuai kodratnya untuk bersama laki-laki memperbaiki kualitas hidup manusia. Tulisan-tulisan emasnya tersebut dikumpulan dalam sebuah buku
yang berjudul Door Duisternis Tot Licht- dari gelap kepada cahaya (diilhami dari Minazh-Zhulumaati ilan Nuur, surah Al-Baqarah ayat 257).

Tinta sejarah juga mencatat nama Dewi Sartika. Pejuang pemajuan perempuan melalui pendirian Sakola Istri (kemudian berubah menjadi Sakola Kautamaan Istri- Sekolah Keutamaan Perempuan) pada tahunn 16 Januari 1904. Atau, Nyai Achmad Dahlan, yang mendirikan pengajian wanita Sopo Tresno (siapa cinta) tahun 1914 yang kini menjadi organisasi Aisyiyah sebuah organisasi perempuan yang terus memperjuangkan hak-hak perempuan di Indonesia hingga saat ini. Atau, deretan nama lain yang tidak kalah kukuhnya memperjuangkan hak perempuan di Indonesia jauh sebelum kemerdekaan.

Rentetan perjuang kaum perempuan tersebut merupakan wujud kesetaraan dan kualitas manusia Indonesia. Peringatan Hari Ibu, bukan untuk sekedar menyanjung dan bersimpuh dikaki ibu. Peringatan 22 Desember juga bukan hanya untuk memuja perempuan atau memanjakannya. Kita (kaum laki-laki dan perempuan) seharusnya menjadikan perempuan sebagai pelaku perubahan. Tidak ada alasan untuk menempatkan perempuan sebagai insan nomor dua. Sinergi positif tanpa membedakan jender lebih dikedepankan untuk pembaruan kualitas manusia di Indonesia.

Terima kasih Ibu, Majulah Perempuan Indonesia

Karena ada ibu, Aku ada.
Karena ibu pula Aku terus berdiri

Bersama perempuan, aku maju
Berjalan beriring bersama menggapai cita

Ibu, engkaulah guru pertamaku
Terima kasih ibu, belaianmu semangat hidupku

Perempuan, engkaulah teman pertamaku
Majulah perempuan, bersamamu untuk mewujudkan citra, cinta, dan cita anak Indonesia

Terima kasih ibu,
Majulah Perempuan Indonesia.

Jakarta, 22 Desember 2006



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Thursday, December 21, 2006

Charter of the OIC (The Organization of the Islamic Conference)

The Representatives of The Kingdom of Afghanistan, the People's Democratic Republic of Algeria, the State of the United Arab Emirates, the State of Bahrain, the Republic of Chad, the Arab Republic of Egypt, The Republic of Guinea, the Republic of Indonesia, the Islamic Republic of Iran, the Hashemite Kingdom of Jordan, the State of Kuwait, the Republic of Lebanon, the Libyan Arab Republic, Malaysia, the Republic of Mali, the Islamic Republic of Mauritania, the Kingdom of Morocco, the Republic of Niger, the Sultanate of Oman, the Islamic Republic of Pakistan, the State of Qatar, the Kingdom of Saudi Arabia, the Republic of Senegal, the Republic of Sierra Leone, the Somali Republic, the Democratic Republic of Sudan, the Syrian Arab Republic, the Republic of Tunisia, the Republic of Turkey, and the Yemen Arab Republic, meeting in Jeddah from 14 to 18 Muharram, 1392H (29 February - 4 March, 1972); (30 members).

REFERRING to the Conference of the Kings and Heads of State and Government of Islamic countries held in Rabat, 9 - 12 Rajab, 1389 (22 - 25 September 1969);
RECALLING the First Islamic Conference of Foreign Ministers held in Jeddah, 15 - 17 Muharram 1390 (23 - 25 March, 1970), and the Second Islamic Conference of Foreign Ministers held in Karachi, 27 - 29 Shawal 1390 (26 - 28 December, 1970);
CONVINCED that their common belief constitutes a strong factor for rapprochement and solidarity among Islamic people;
RESOLVED to preserve Islamic spiritual, ethical, social and economic values, which will remain one of the important factors of achieving progress for mankind;
REAFFIRMING their commitment to the United Nations Charter and fundamental Human Rights , the purposes and principles of which provide the basis for fruitful cooperation among all people;
DETERMINED to consolidate the bonds of the prevailing brotherly and spiritual friendship among their people, and to protect their freedom, and the common legacy of their civilization restoring particularly on the principles of justice, tolerance and non-discrimination;
IN THEIR ENDEAVOR to enhance human well-being, progress and freedom everywhere and resolved to unite their efforts in order to secure universal peace which ensures security, freedom and justice for their people and all people throughout the world.
APPROVES the present Charter of the Islamic Conference:-

ARTICLE I
The Islamic Conference:
The Member States do hereby establish the Organization of "The Islamic Conference".


ARTICLE II
Objectives and Principles:
A) Objectives:
The objectives of the Islamic Conference shall be
• to promote Islamic solidarity among Member States;
• to consolidate cooperation among Member States in the economic, social, cultural, scientific and other vital fields of activities, and to carry out consultations among Member States in international organizations;
• to endeavor to eliminate racial segregation, discrimination and to eradicate colonialism in all its forms;
• to take necessary measures to support international peace and security founded on justice;
• to coordinate efforts for the safeguarding of the Holy Places and support of the struggle of the people of Palestine, to help them regain their rights and liberate their land;
• to back the struggle of all Muslim people with a view to preserving their dignity, independence and national rights;
• to create a suitable atmosphere for the promotion of cooperation and understanding among Member States and other countries.
B) Principles:
The Member States decide and undertake that, in order to realize the objectives mentioned in the previous paragraph, they shall be inspired and guided by the following principles:-
• total equality between Member States;
• respect of the right of self-determination, and non-interference in the domestic affairs of Member States;
• respect of the sovereignty, independence and territorial integrity of each Member States;
• settlement of any conflict that may arise by peaceful means such as negotiation, mediation, reconciliation or arbitration;
• abstention from the threat or use of force against the territorial integrity, national unity or political independence of any Member States.


ARTICLE III Conference bodies:
The Islamic Conference is made up of:-
1. the Conference of Kings and Heads of State and Government
2. the Conference of Foreign Ministers, and
3. the General Secretariat and Subsidiary Organs.


ARTICLE IV
Conference of Kings and Heads of State:
The Conference of Kings and Heads of State and Government is the supreme authority in the Organization.
The Islamic Summit Conference shall convene periodically, once every three years.
It shall also be held whenever the interest of Muslim Nations warrants it, to consider matters of vital importance to the Muslims and coordinate the policy of the Organization accordingly.


ARTICLE V
Conference of Foreign Ministers:
Conference sessions:

1.
a) The Islamic Conference shall be convened once a year of whenever the need arises at the level of Ministers of Foreign Affairs or their officially accredited representatives. The sessions shall be held in any one of the Member States.

b) An extraordinary session may be convened at the request of any Member State or at the request of the Secretary General, if approved by two-thirds of the Member States. The request may be circulated to all Member States in order to obtain the required approval; and
c) The Conference of Foreign Ministers has the right to recommend the convening of a Conference of Heads of State or Government. The approval can be obtained for such a Conference by circulating the request to all Member States.

2. The Islamic Conference of Foreign Ministers shall be held for the following purposes:-
a) To consider the means of implementing the general policy of the Conference.

b) To review progress in the implementation of resolutions adopted at previous sessions.

c) To adopt resolutions on matters of common interest in accordance with the aims and objectives of the Conference set forth in this Charter.

d) To discuss the report of the Financial Committee and approve the budget of the Secretariat General.

e)
1. To appoint the Secretary General.
2. To appoint four Assistants to the Secretary General on recommendation of the Secretary General; (The post of a fourth Assistant Secretary General will be for the cause of Al-Quds Al-Sharif and Palestine), and
In recommending his Assistants, the Secretary General shall duly take competence, integrity and duly take into consideration their dedication to the Charter's objectives as well as the principle of equitable geographical distribution.
f) To fix the date and venue of the coming Conference of Foreign Ministers;
g) To consider any issue affecting one or more of the Member States whenever a request to that effect is made with a view to taking appropriate measures in that respect

3. Resolutions or recommendations of the Conference of Foreign Ministers shall be adopted by a two-third majority.

4. Two-thirds of the Member States in any session of the Conference of Foreign Ministers shall constitute the quorum.

5. The Conference of Foreign Ministers decides on the basic procedures which it follows and which could be good for the Conference of Kings and Heads of State and Government. It appoints a Chairman for each session. This procedure is also applied in subsidiary organs set up by the Conference of Kings and Heads of State and Government and also by the Conference of Foreign Ministers.

ARTICLE VI
The General Secretariat:
1. The General Secretariat shall be headed by a Secretary General appointed by the Foreign Ministers Conference for a period of four years renewable once only.
2. The Secretary General shall appoint the staff of the General Secretariat from amongst nations of Member States, paying due regard to their competence and integrity, and in accordance with the principle of equitable geographical distribution.
3. In the performance of their duties, the Secretary General, his Assistants, and the staff of the General Secretariat, shall not seek or receive instructions from any government or authority other than the Conference. They shall refrain from taking any action that may be detrimental to their position as international officials responding only to the Conference. Member States undertake to respect this quality and the nature of their responsibilities, and shall not seek to influence them in any way in the discharge of their duties.
4. The Secretariat General shall work to promote communication among Member States and provide facilities for consultations and exchange of views as well as the dissemination of information that may have common significance to these States.
5. The headquarters of the Secretariat General shall be in Jeddah pending the liberation of "Baitul Maqdis" (Jerusalem).
6. The General Secretariat shall follow up the implementation of the resolutions and recommendations of the Conference and report back to the Conference. It shall also directly supply the Member States with working papers and memoranda through appropriate channels, within the framework of the resolutions and recommendations of the Conference.
7. The General Secretariat shall prepare the meetings of the Conference in close cooperation with the host states insofar as administrative and organizational matters are concerned.
8. In the light of the agreement on immunities and privileges to be approved by the Conference:
a) The Conference shall enjoy, in the Member States, such legal capacity, immunities and privileges as may be necessary for the exercise of its functions and the fulfillment of its objectives.
b) Representatives of Member States shall enjoy such immunities and privileges as may be necessary for the exercise of their functions related to the Conference; and

The Staff of the Conference shall enjoy the immunities and privileges necessary for the performance of their duties as may be decided by the Conference.

ARTICLE VII Finance:
• All expenses on the administration and activities of the Secretariat shall be borne by Member States proportionate to their national incomes.
• The Secretariat shall administer its financial affairs according to the rules of procedure approved by the Conference of Foreign Ministers.
• A Standing Financial Committee shall be set up by the Conference from the accredited representatives of the participating States, and shall meet at the Headquarters of the General Secretariat. This Committee shall in conjunction with the Secretary General, prepare and supervise the budget of the General Secretariat in accordance with the regulations approved by the Conference of Foreign Ministers.
ARTICLE VIII
Membership:
The Organization of the Islamic Conference is made up of the States which took part in the Conference of Kings and Heads of State and Government held in Rabat and the two Foreign Ministers' Conferences held in Jeddah and Karachi, and signatory to the present Charter. Every Muslim State is eligible to join the Islamic Conference on submitting an application expressing its desire and preparedness to adopt this Charter. The application shall be deposited with the General Secretariat, to be brought before the Foreign Ministers' Conference at its first meeting after the submission of the application. Membership shall take effect as of the time of approval of the Conference by a two-third majority of the Conference members.


ARTICLE IX
Islamic Organization:
The General Secretariat shall act within the frame-work of the present Charter with the approval of the Conference to consolidate relations between the Islamic Conference and the Islamic Organizations of international character and to bolster cooperation in the service of the Islamic objectives approved by this Charter.



CHARTER X
Withdrawal:
Any Member State may withdraw from the Islamic Conference by sending a written notification to the Secretariat General, to be communicated to all Member States.

The State applying for withdrawal shall be bound by its obligations until the end of the fiscal year during which the application of withdrawal is submitted. It shall also settle any other financial dues to the Conference.

ARTICLE XI
Amendment:
Amendment to this Charter shall be made, if approved and ratified by a two-third majority of the Member States.

ARTICLE XII
Interpretation:
Any dispute that may arise in the interpretation, application or implementation of any Article in the present Charter shall be settled peacefully, and in all cases through consultations, negotiations, reconciliation or arbitration.

ARTICLE XIII
Language: Languages of the Conference shall be Arabic, English and French.

ARTICLE XIV
Ratification:
This Charter shall be approved and ratified by Member States of the Organization of the Islamic Conference in accordance with the procedure prevailing in their respective countries. This Charter goes into effect as of the date of deposition of the instruments of ratification with the General Secretariat by a simple majority of the States having participated in the Third Islamic Conference of Foreign Ministers held in Jeddah from 14 to 18 Muharram 1392 (29 February - 4 March, 1972).
This Charter has been registered in conformity with Article 102 of the United Nation’s Charter on February 1st, 1974.


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THE BILL OF RIGHTS

Amendments 1-10 of the Constitution

The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;
Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:


Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


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Wednesday, December 20, 2006

The ASEAN Declaration

The ASEAN Declaration (Bangkok Declaration)
Thailand, 8 August 1967

The Presidium Minister for Political Affairs/ Minister for Foreign Affairs of Indonesia, the Deputy Prime Minister of Malaysia, the Secretary of Foreign Affairs of the Philippines, the Minister for Foreign Affairs of Singapore and the Minister of Foreign Affairs of Thailand:


MINDFULinterests and common problems among countries of of the existence of mutual South-East Asia and convinced of the need to strengthen further the existing bonds of regional solidarity and cooperation;

DESIRINGfor common action to promote regional cooperation in to establish a firm foundation South-East Asia in the spirit of equality and partnership and thereby contribute towards peace, progress and prosperity in the region;

CONSCIOUSinterdependent world, the cherished ideals of peace, that in an increasingly freedom,,social justice and economic well-being are best attained by fostering good understanding, good neighbourliness and meaningful cooperation among the countries of the region already bound together by ties of history and culture;

CONSIDERINGSouth~East Asia share a primary responsibflity for that the countries of strengtliening the economic and social stability of the region and ensuring their peacefu~l and progressive national development, and that they are determined to ensure their stability and security from external interference in any form or manifestation in order to preserve their national identities in accordance with the ideals and aspirations of their peoples;

AFFIRMINGtemporary and remain only with the expressed that all foreign bases are concurrence of the countries concerned and are not intended to be used directly or indirectly to subvert the national independence and freedom of States in the area or prejudice the orderly processes of their national development;

DO HEREBY DECLARE:

FIRST, the establishment of an Association for Regional Cooperation among the countries of South-East Asia to be known as the Association of South-East Asian Nations (ASEAN).

SECOND, that the aims and purposes of the Association shall be:

1. To accelerate the economic growth, social progress and cultural development in the region through joint endeavours in the spirit of equality and partnership in order to strengthen the foundation for a prosperous and peaceful community of South-East Asian Nations;

2. To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter;

3. To promote active collaboration and mutual assistance on matters of common interest in the economic, social, cultural, technical, scientific and administrative fields;

4. To provide assistance to each other in the form of training and research facflities in the educational, professional, technical and administrative spheres;

5. To collaborate more effectively for the greater utilization of their agriculture and industries, the expansion of their trade, including the study of the problems of international commodity trade, the improvement of their transportation and communications facilities and the raising of the living standards of their peoples;

6. To promote South-East Asian studies;

7. To maintain close and beneficial cooperation with existing international and regional organizations with similar aims and purposes, and explore all avenues for even closer cooperation among themselves.

THIRD, that to carry out these aims and purposes, the following machinery shall be established:

(a) Annual Meeting of Foreign Ministers, which shall be by rotation and referred to as ASEAN Ministerial Meeting. Special Meetings of Foreign Ministers may be convened as required.

(b) A Standing committee, under the chairmanship of the Foreign Minister of the host country or his representative and having as its members the accredited Ambassadors of the other member countries, to carry on the work of the Association in between Meetings of Foreign Ministers.

(c) Ad-Hoc Committees and Permanent Committees of specialists and officials on specific subjects.

(d) A National Secretariat in each member country to carry out the work of the Association on behalf of that country and to service the Annual or Special Meetings of Foreign Ministers, the Standing Committee and such other committees as may hereafter be established.

FOURTH, that the Association is open for participation to all States in the South-East Asian Region subscribing to the aforementioned aims, principles and purposes.

FIFTH, that the Association represents the collective will of the nations of South-East Asia to bind themselves together in friendship and cooperation and, through joint efforts and sacrifices, secure for their peoples and for posterity the blessings of peace, freedom and prosperity.

DONE in Bangkok on the Eighth Day of August in the Year One Thousand Nine Hundred and Sixty-Seven.

diakses dari http://www.asean.or.id/

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Monday, December 04, 2006

Panwas Pemilu Bukan Sekedar Pengawas KPU

Pada Jum’at, 1 Desember 2006 lalu, Perkumpulan untuk Pemilu dan Demokrasi (Perludem) meluncurkan buku yang berjudul Efektivitas Panwas : Evaluasi Pengawasan Pemilu. Salah satu rekomendasi menarik buku tersebut adalah Panwas Pemilu tidak diperlukan dalam pemilu. Hal tersebut menarik karena para peneliti merupakan jebolan Panwas Pemilu 2004 dan kajian banyak disandarkan pada hasil pengawasan Pemilu 2004. Benarkah Pemilu di Indonesia tidak butuh Panitia Pengawas?

Rekomendasi di atas didasarkan pada fakta yang terangkum dalam tiga kesimpulan, yaitu: 1) tugas dan fungsi Panwas Pemilu sama dengan pemantau atau pengamat pemilu yang hanya menghimbau, memprotes terjadinya penyimpangan; 2) Panwas Pemilu hanya sekedar tukang pos yang mengantarkan kasus pelanggaran ke KPU/KPUD dan ke Kepolisian; dan 3) tidak ada sengketa dalam sesungguhnya.

Dalam mengkritisi rekemondasi tersebut, terdapat beberapa catatan ringan tapi mendasar. Pertama, tentang pentingnya pengawasan sebagai fungsi manajemen. Kedua, perlu mempertegas kembali salah satu catatan penting dalam buku tersebut yaitu keberadaan Panwas Pemilu mungkin masih diperlukan mengingat KPU/KPUD harus mempersiapkan diri untuk menangani sendiri pelanggaran administri dan menunggu kepolisian dan kejaksaan dalam menanggani tindak pidan.

Dalam konteks manajemen organisasi, pengawasan merupakan salah satu fungsi utama dalam sebuah manajemen. Ahli manajemen modern seperti Henry Fayol (1949), George R. Terry (1974), Sofyan Syafri Harahap (2004), Harold Koontz, Cyrill O’ Donell, dan Heinz Weihrich (1986) mengatakan hal ini. Secara sederhana fungsi pengawasan dapat di jabarkan sebagai upaya untuk mengukur dan membandingkan pelaksanaan rencana yang telah ditetapkan serta memperoleh bentuk dan potensi penyimpangan dalam pelaksanaan rencana, bahkan dapat melakukan perbaikan serta membantu pencapaian rencana-rencana. Dalam pandangan sederhana ini, Panwas Pemilu 2004 dapat dikatakan telah menjalankan fungsi pengawasan. Pertanyaan selanjutnya adalah Panwas Pemilu sebagai pengawas KPU atau pengawas pelaksanaan pemilu.

Jika melihat ketentuan Pasal 120 UU No 12 Tahun 2003 tentang PEMILIHAN UMUM ANGGOTA DPR, DPD, DAN DPRD yang menyebutkan, untuk melakukan pengawasan pemilu, dibentuk Panwas Pemilu, Panwas Pemilu propinsi hingga kecamatan, maka DPT dikatan tugas dan kewenangan Panwas Pemilu mengawasi (dan ikut) mensukseskan pemilu bukan hanya sekedar mengawasi KPU. Problem pelaksanaan itu muncul ketika Panwas Pemilu dibentuk dan bertanggung jawab pada KPU. Gagasan ideal sebenarnya menempatkan Panwas Pemilu di luar KPU bukan bagian dari KPU. KPU merupakan satu obyek pengawasan Panwas Pemilu. Kondisi demikian dapat dikuatkan dengan peran Panwas Pemilu dalam proses peradilan tindak pidana pemilu (baca catatan kedua). Ambivalensi UU No 12/2003 tersebut merupakan problem yuridis dan merupakan kebijakan hukum yang tidak konsekuen. Hal ini yang seharusnya menjadi pijakan dalam pengambilan kebijakan selanjutnya. Alasan masa lalu yang kita tahu hampir semua disalah gunakan.

Catatan kedua yang penting adalah peran Panwas Pemilu dalam menggantikan peran KPU dan aparat penegak hukum. Dalam konteks sistem peradilan pidana, Panwas Pemilu sudah merupakan bagian dari sistem peradilan tindak pidana pemilu. Dalam khasanah perkembangan ketatanegaraan dan sistem peradilan Indonesia, berdirinya sistem peradilan pidana khusus bukan hal baru di Indonesia. Pernah muncul peradilan ad hoc untuk pelanggaran HAM berat, peradilan korupsi yang menempatkan KPK sebagai penyelidik, penyidik dan penuntut perkara korupsi. Mengapa Panwas Pemilu tidak dikembangkan sebagai lembaga super body dalam penyelesaian pelanggaran tindak pidana pemilu? Apa yang susahnya?............. kan sudah ada GAPKUMDU (Gabungan Penegak Hukum Terpadu) yang tinggal diberi payung hukum. Selesai urusan? ........ dengan demikian tidak perlu menghapus Panwas Pemilu.

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Sunday, October 22, 2006

KPK dan pemberantasan Korupsi

Pada Selasa, 10 Oktober 2006, Komisi Hukum Nasional mengadakan Focus Group Discussion (FGD) tentang Sistem dan mekanisme Pengawasan terhadap KPK. Tiga pemakalah termasuk M Jodi Santoso memaparkan, baik dari aspek ketatanegaraan, aspek sistem peradilan pidana, maupun aspek good governance perlu dilakukan pengawasan secara ketat terhadap KPK.

Salah satu hal menarik yang muncul dalam diskusi adalah sebenarnya bangsa Indonesi ini perlu KPK atau tidak. Apakah KPK dibentuk karena kebutuhan bangsa Indonesia untuk memberantas korupsi atau KPK dibentuk hanya sekedar memenuhi persyaratan untuk mendapat pinjaman luar negeri. Atau mungkin karena kedua alasan tersebut.

Banyak argumentasi spekulatif untuk mendukung pilihan jawaban di atas. Apapun jawaban dan logikanya, KPK akan mengadapi tembok beton raksasa (lebih besar dari tembok cina) yang dibangun dari adonan semen kongkomerat, pasir birokrasi, besi aparat hukum, dan batu akademisi hukum. (semuanya adalah oknum).

Jika di telisik lebih jauh, ada dua hal penting yang menjadikan berdirinya KPK sebagai isu strategis dalam reformasi hukum dan birokrasi di Indonesia. Pertama, pentingnya pemberantasan korupsi. Dan kedua adalah KPK itu sendiri dengan segala kewenangannya.
Agenda pemberantasan korupsi merupakan sesuatu hal yang tidak bisa ditunda. Kenyataan ini tidak dapat diingkari (meski banyak pihak hanya menjadi sebuah agenda tanpa kerja). Perhatian terbesar sebenarnya ada pada institut KPK itu sendiri. KPK mempunyai kewenangan yang luar biasa besar untuk memberantas korupsi dan mendisain berbaruan birokrasi. Kewenangan ini yang kemudian menjadikan KPK sebagai lembaga superbody yang rentan dengan abuse of power. Kekuasaan yang absolute berpotensi munculnya

KPK bertugas melakukan koordinasi, supervisi, dan penyelidikan penyidikan, penuntutan tindak pidana korupsi. KPK juga bertugas melakukan pencegahan dan monitoring lembaga negara. Dari besarnya tanggung jawab tersebut, kini bergulir pendapat, KPK bertugas memberantas Korupsi bukan menangkap Koruptor.

Bagi saya, hal tersebut adalah langkah awal keraguan KPK menghadapi para koruptor. Alasannya, pertama
penangkap dan membuktikan seseorang melakukan korupsi adalah bagian dari pemberantasan korupsi. penangkapan merupakan satu paket pemberantasan korupsi. penangkapan tidak dapat dipisahkan dari agenda pemberantasan korupsi.

Kedua, Pemberantasan Korupsi dilakukan dalam waktu yang sangat lama dan sistimatik. Tidak ada indikator keberhasilan yang real pada masa lima tahun kepemimpinan KPK pertama ini. Apa ukuran keberhasilan KPK?

Lanjut ke bag II (entah kapan)


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Friday, October 20, 2006

Sistem Hukum Indonesia

M Jodi Santoso

Sering orang bertanya, Indonesia menggunakan sistem hukum apa? Apa civil law? Common law? Islamic law? Atau apa? Pertanyaa ini sebenarnya sudah ratusan kali di bahas dan didiskusikan. Tapi hingga saat ini tidak ada yang tuntas menjawabnya

Salah satu ahli menjawab, sistem hukum di Indonesia bayak dipengaruhi oleh sistem hukum Eropa Kontinental (civil law). Tapi apa dengan begitu sistem hukum Indonesia sama dengan civil Law system. Tentu jawabnya tidak. Pengaruh bukan berarti identik.

Sistem hukum Indonesia juga tidak sama dengan sistem hukum Anglo-America. Sebelum kemerdekaan, hanya Inggris, sang Penjajah, yang mencoba menerapkan beberapa konsep peradilan ala Anglo Saxon seperti Sistem Jury dan konsep peradilan pidana. Namun, sejak akhri 70-an, konsep hukum yang biasa digunankan di sistem Anglo America banyak diadopsi dalam sistem hukum Indonesia. Tidak hanya konsep-konsep hukum pidana. Konsep perdata dan hukum ekonomi banyak berkiblat pada perkembangan hukum di Amerika.

Ada yang bilang sistem hukum di Indonesia adalah sistem hukum Indonesia itu sendiri. Sebuah sistem yang dibangun dari proses penemuan, pengembangan, adaptasi, bahkan kompromi dari beberapa sistem yang telah ada.

Pertanyaa selanjutnya dari proses yang terjadi apa wujud akhir dari semua kompromi, adaptasi, penemuan, pengembangan, bahkan penciptaan itu? Sekali lagi sebuah jawaban yang mungkin tidak pernah ada satu jawaban benar yang diterima oleh semua ahli. Kecuali ada amandeman UUD 45 yang kelima atau yang lain dan memasukkannya secara ekplisit dalam amandemen tersebut.
Penelusuran hukum di Indonesia menemukan adanya banyak sistem yang hidup di Indonesia. Ada sistem hukum adat yang buaa…..nyak sekali. Menurut Van Vollenhoven ada 23 yaitu Aceh, Gayo dan Batak, Nias dan sekitarnya, Minangkabau, Mentawai, Sumatra Selatan, Enggano, Melayu, Bangka dan Belitung, Kalimantan (Dayak), Sangihe-Talaud, Gorontalo, Toraja, Sulawesi Selatan (Bugis/Makassar), Maluku Utara, Maluku Ambon, Maluku Tenggara, Papua, Nusa Tenggara dan Timor, Bali dan Lombok, Jawa dan Madura, Jawa Mataraman, Jawa Barat (Sunda). (maaf data lama)
Lalu, sitem hukum yang ada di Indonesia ini, sistem hukum apa?



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Thursday, October 19, 2006

Piagam Madina (versi Inggris)

1. This is a document from Muhammad the Prophet (may Allah bless him and grant him peace), governing relations between the Believers i.e. Muslims of Quraysh and Yathrib and those who followed them and worked hard with them. They form one nation -- Ummah.

2. The Quraysh Mohajireen will continue to pay blood money, according to their present custom.

3. In case of war with any body they will redeem their prisoners with kindness and justice common among Believers. (Not according to pre-Islamic nations where the rich and the poor were treated differently).

4. The Bani Awf will decide the blood money, within themselves, according to their existing custom.

5. In case of war with anybody all parties other than Muslims will redeem their prisoners with kindness and justice according to practice among Believers and not in accordance with pre-Islamic notions.

6. The Bani Saeeda, the Bani Harith, the Bani Jusham and the Bani Najjar will be governed on the lines of the above (principles)

7. The Bani Amr, Bani Awf, Bani Al-Nabeet, and Bani Al-Aws will be governed in the same manner.

8. Believers will not fail to redeem their prisoners they will pay blood money on their behalf. It will be a common responsibility of the Ummat and not of the family of the prisoners to pay blood money.

9. A Believer will not make the freedman of another Believer as his ally against the wishes of the other Believers.

10. The Believers, who fear Allah, will oppose the rebellious elements and those that encourage injustice or sin, or enmity or corruption among Believers.

11. If anyone is guilty of any such act all the Believers will oppose him even if he be the son of any one of them.

12. A Believer will not kill another Believer, for the sake of an un-Believer. (i.e. even though the un-Believer is his close relative).

13. No Believer will help an un-Believer against a Believer.

14. Protection (when given) in the Name of Allah will be common. The weakest among Believers may give protection (In the Name of Allah) and it will be binding on all Believers.

15. Believers are all friends to each other to the exclusion of all others.

16. Those Jews who follow the Believers will be helped and will be treated with equality. (Social, legal and economic equality is promised to all loyal citizens of the State).

17. No Jew will be wronged for being a Jew.

18. The enemies of the Jews who follow us will not be helped.

19. The peace of the Believers (of the State of Madinah) cannot be divided. (it is either peace or war for all. It cannot be that a part of the population is at war with the outsiders and a part is at peace).

20. No separate peace will be made by anyone in Madinah when Believers are fighting in the Path of Allah.

21. Conditions of peace and war and the accompanying ease or hardships must be fair and equitable to all citizens alike.

22. When going out on expeditions a rider must take his fellow member of the Army-share his ride.

23. The Believers must avenge the blood of one another when fighting in the Path of Allah (This clause was to remind those in front of whom there may be less severe fighting that the cause was common to all. This also meant that although each battle appeared a separate entity it was in fact a part of the War, which affected all Muslims equally).

24. The Believers (because they fear Allah) are better in showing steadfastness and as a result receive guidance from Allah in this respect. Others must also aspire to come up to the same standard of steadfastness.

25. No un-Believer will be permitted to take the property of the Quraysh (the enemy) under his protection. Enemy property must be surrendered to the State.

26. No un-Believer will intervene in favour of a Quraysh, (because the Quraysh having declared war are the enemy).

27. If any un-believer kills a Believer, without good cause, he shall be killed in return, unless the next of kin are satisfied (as it creates law and order problems and weakens the defence of the State). All Believers shall be against such a wrong-doer. No Believer will be allowed to shelter such a man.

28. When you differ on anything (regarding this Document) the matter shall be referred to Allah and Muhammad (may Allah bless him and grant him peace).

29. The Jews will contribute towards the war when fighting alongside the Believers.

30. The Jews of Bani Awf will be treated as one community with the Believers. The Jews have their religion. This will also apply to their freedmen. The exception will be those who act unjustly and sinfully. By so doing they wrong themselves and their families.

31. The same applies to Jews of Bani Al-Najjar, Bani Al Harith, Bani Saeeda, Bani Jusham, Bani Al Aws, Thaalba, and the Jaffna, (a clan of the Bani Thaalba) and the Bani Al Shutayba.

32. Loyalty gives protection against treachery. (loyal people are protected by their friends against treachery. As long as a person remains loyal to the State he is not likely to succumb to the ideas of being treacherous. He protects himself against weakness).

33. The freedmen of Thaalba will be afforded the same status as Thaalba themselves. This status is for fair dealings and full justice as a right and equal responsibility for military service.

34. Those in alliance with the Jews will be given the same treatment as the Jews.

35. No one (no tribe which is party to the Pact) shall go to war except with the permission of Muhammed (may Allah bless him and grant him peace). If any wrong has been done to any person or party it may be avenged.

36. Any one who kills another without warning (there being no just cause for it) amounts to his slaying himself and his household, unless the killing was done due to a wrong being done to him.

37. The Jews must bear their own expenses (in War) and the Muslims bear their expenses.

38. If anyone attacks anyone who is a party to this Pact the other must come to his help.

39. They (parties to this Pact) must seek mutual advice and consultation.

40. Loyalty gives protection against treachery. Those who avoid mutual consultation do so because of lack of sincerity and loyalty.

41. A man will not be made liable for misdeeds of his ally.

42. Anyone (any individual or party) who is wronged must be helped.

43. The Jews must pay (for war) with the Muslims. (this clause appears to be for occasions when Jews are not taking part in the war. Clause 37 deals with occasions when they are taking part in war).

44. Yathrib will be Sanctuary for the people of this Pact.

45. A stranger (individual) who has been given protection (by anyone party to this Pact) will be treated as his host (who has given him protection) while (he is) doing no harm and is not committing any crime. Those given protection but indulging in anti-state activities will be liable to punishment.

46. A woman will be given protection only with the consent of her family (Guardian). (a good precaution to avoid inter-tribal conflicts).

47. In case of any dispute or controversy, which may result in trouble the matter must be referred to Allah and Muhammed (may Allah bless him and grant him peace), The Prophet (may Allah bless him and grant him peace) of Allah will accept anything in this document, which is for (bringing about) piety and goodness.

48. Quraysh and their allies will not be given protection.

49. The parties to this Pact are bound to help each other in the event of an attack on Yathrib.

50. If they (the parties to the Pact other than the Muslims) are called upon to make and maintain peace (within the State) they must do so. If a similar demand (of making and maintaining peace) is made on the Muslims, it must be carried out, except when the Muslims are already engaged in a war in the Path of Allah. (so that no secret ally of the enemy can aid the enemy by calling upon Muslims to end hostilities under this clause).

51. Everyone (individual) will have his share (of treatment) in accordance with what party he belongs to. Individuals must benefit or suffer for the good or bad deed of the group they belong to. Without such a rule party affiliations and discipline cannot be maintained.

52. The Jews of al-Aws, including their freedmen, have the same standing, as other parties to the Pact, as long as they are loyal to the Pact. Loyalty is a protection against treachery.

53. Anyone who acts loyally or otherwise does it for his own good (or loss).

54. Allah approves this Document.

55. This document will not (be employed to) protect one who is unjust or commits a crime (against other parties of the Pact).

56. Whether an individual goes out to fight (in accordance with the terms of this Pact) or remains in his home, he will be safe unless he has committed a crime or is a sinner. (i.e. No one will be punished in his individual capacity for not having gone out to fight in accordance with the terms of this Pact).

57. Allah is the Protector of the good people and those who fear Allah, and Muhammad (may Allah bless him and grant him peace) is the Messenger of Allah (He guarantees protection for those who are good and fear Allah).

(Teks Piagam Madina ini diakses dari http://www.constitution.org/cons/medina/macharter.htm)


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Mohon Maaf, Berikan Doa/Restumu

Maafmu mengiringi langkah-ku. Doamu menuntunku menggapai cita-ku. Keikhlasanmu menjadi semangat baru bagiku.

Maafkan Salahku.
Selamat hari raya idul fitri.
Dan.
Berikan doa/restumu untuk pernikahan ku
pada Jum'at, 27 Oktober 2006 di Lamongan Jawa Timur.

Semoga :

Jiwa-jiwa yang suci ini mendapat cinta-NYA. Hati yang putih ini mendapat kasih-NYA

M. Jodi Santoso




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Thursday, October 05, 2006

Prasasti Dinoyo



Prasasti Dinoyo dibuat pada masa keemasan Kerajaan Kanjuruhan. isi prasasti ini adalah sebagaimana berikut :

o Ada sebuah kerajaan yang dipimpin oleh Raja yang sakti dan bijaksana dengan nama Dewasimha
o Setelah Raja meninggal digantikan oleh puteranya yang bernama Sang Liswa
o Sang Liswa terkenal dengan gelar Gajayana dan menjaga Istana besar bernama Kanjuruhan
o Sang Liswa memiliki puteri yang disebut sebagai Sang Uttiyana
o Raja Gajayana dicintai para brahmana dan rakyatnya karena membawa ketentraman diseluruh negeri
o Raja dan rakyatnya menyembah kepada yang mulia Sang Agastya
o Bersama Raja dan para pembesar negeri Sang Agastya (disebut Maharesi) menghilangkan penyakit
o Raja melihat Arca Agastya dari kayu Cendana milik nenek moyangnya
o Maka raja memerintahkan membuat Arca Agastya dari batu hitam yang elok
-----------

Prasasti Dinoyo ini di ambil dari http://masyayax.blogspot.com/2005/07/sejarah-kota-malang.html


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Monday, October 02, 2006

PIAGAM JAKARTA

Bahwa sesungguhnja kemerdekaan itu jalah hak segala bangsa, dan oleh sebab itu maka pendjadjahan diatas dunia harus dihapuskan, karena tidak sesuai dengan peri-kemanusiaan dan peri-keadilan.

Dan perdjuangan pergerakan kemerdekaan Indonesia telah sampai (lah) kepada saat jang berbahagia dengan selamat-sentausa mengantarkan rakjat Indonesia kedepan pintu gerbang Negara Indonesia jang merdeka, bersatu, berdaulat, adil dan makmur.

Atas berkat Rahmat Allah Jang Maha Kuasa, dan dengan didorongkan oleh keinginan luhur, supaja berkehidupan kebangsaan jang bebas, maka rakjat Indonesia menjatakan dengan ini kemerdekaannja.

Kemudian dari pada itu untuk membentuk suatu Pemerintah Negara Indonesia Merdeka jang melindungi segenap bangsa Indonesia dan seluruh tumpah-darah Indonesia, dan untuk memadjukan kesedjahteraan umum, mentjerdaskan kehidupan bangsa, dan ikut melaksanakan ketertiban dunia jang berdasarkan kemerdekaan, perdamaian abadi dan keadilan sosial, maka disusunlah kemerdekaan kebangsaan Indonesia itu dalam suatu Hukum Dasar Negara Indonesia, jang terbentuk dalam suatu susunan Negara Republik Indnesia, jang berkedaulatan rakjat, dengan berdasar kepada: keTuhanan, dengan kewadjiban mendjalankan sjari’at Islam bagi pemeluk-pemeluknja, menurut dasar kemanusiaan jang adil dan beradab, persatuan Indonesia, dan kerakjatan jang dipimpin oleh hikmat kebidjaksanaan dalam permusjawaratan perwakilan, serta dengan mewudjudkan suatu keadilan sosial bagi seluruh rakjat Indonesia.

Djakarta, 22 Juni 1945

Ir. Soekarno
Mohammad Hatta
A.A. Maramis

Abikusno Tjokrosujoso
Abdulkahar Muzakir
H.A. Salim

Achmad Subardjo
Wachid Hasjim
Muhammad Yamin


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Wednesday, September 20, 2006

Magna Carta

Clauses marked (+) are still valid under the charter of 1225, but with a few minor amendments. Clauses marked (*) were omitted in all later reissues of the charter. In the charter itself the clauses are not numbered, and the text reads continuously. The translation sets out to convey the sense rather than the precise wording of the original Latin.


JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.

KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:

+ (1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.

TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:

(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a 'relief', the heir shall have his inheritance on payment of the ancient scale of 'relief'. That is to say, the heir or heirs of an earl shall pay £100 for the entire earl's barony, the heir or heirs of a knight l00s. at most for the entire knight's 'fee', and any man that owes less shall pay less, in accordance with the ancient usage of 'fees'

(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without 'relief' or fine.

(4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same 'fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same 'fee', who shall be similarly answerable to us.

(5) For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.

(6) Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be' made known to the heir's next-of-kin.

(7) At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.

(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.

(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.

* (10) If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.

* (11) If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.

* (12) No 'scutage' or 'aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable 'aid' may be levied. 'Aids' from the city of London are to be treated similarly.

+ (13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.

* (14) To obtain the general consent of the realm for the assessment of an 'aid' - except in the three cases specified above - or a 'scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.

* (15) In future we will allow no one to levy an 'aid' from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable 'aid' may be levied.

(16) No man shall be forced to perform more service for a knight's 'fee', or other free holding of land, than is due from it.

(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.

(18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.

(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.

(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.

(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence.

(22) A fine imposed upon the lay property of a clerk in holy orders shall be assessed upon the same principles, without reference to the value of his ecclesiastical benefice.

(23) No town or person shall be forced to build bridges over rivers except those with an ancient obligation to do so.

(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices.

* (25) Every county, hundred, wapentake, and tithing shall remain at its ancient rent, without increase, except the royal demesne manors.

(26) If at the death of a man who holds a lay 'fee' of the Crown, a sheriff or royal official produces royal letters patent of summons for a debt due to the Crown, it shall be lawful for them to seize and list movable goods found in the lay 'fee' of the dead man to the value of the debt, as assessed by worthy men. Nothing shall be removed until the whole debt is paid, when the residue shall be given over to the executors to carry out the dead man s will. If no debt is due to the Crown, all the movable goods shall be regarded as the property of the dead man, except the reasonable shares of his wife and children.

* (27) If a free man dies intestate, his movable goods are to be distributed by his next-of-kin and friends, under the supervision of the Church. The rights of his debtors are to be preserved.

(28) No constable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this.

(29) No constable may compel a knight to pay money for castle-guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it. A knight taken or sent on military service shall be excused from castle-guard for the period of this servlce.

(30) No sheriff, royal official, or other person shall take horses or carts for transport from any free man, without his consent.

(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner.

(32) We will not keep the lands of people convicted of felony in our hand for longer than a year and a day, after which they shall be returned to the lords of the 'fees' concerned.

(33) All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.

(34) The writ called precipe shall not in future be issued to anyone in respect of any holding of land, if a free man could thereby be deprived of the right of trial in his own lord's court.

(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. There shall also be a standard width of dyed cloth, russett, and haberject, namely two ells within the selvedges. Weights are to be standardised similarly.

(36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It shall be given gratis, and not refused.

(37) If a man holds land of the Crown by 'fee-farm', 'socage', or 'burgage', and also holds land of someone else for knight's service, we will not have guardianship of his heir, nor of the land that belongs to the other person's 'fee', by virtue of the 'fee-farm', 'socage', or 'burgage', unless the 'fee-farm' owes knight's service. We will not have the guardianship of a man's heir, or of land that he holds of someone else, by reason of any small property that he may hold of the Crown for a service of knives, arrows, or the like.

(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.

+ (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

+ (40) To no one will we sell, to no one deny or delay right or justice.

(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.

* (42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.

(43) If a man holds lands of any 'escheat' such as the 'honour' of Wallingford, Nottingham, Boulogne, Lancaster, or of other 'escheats' in our hand that are baronies, at his death his heir shall give us only the 'relief' and service that he would have made to the baron, had the barony been in the baron's hand. We will hold the 'escheat' in the same manner as the baron held it.

(44) People who live outside the forest need not in future appear before the royal justices of the forest in answer to general summonses, unless they are actually involved in proceedings or are sureties for someone who has been seized for a forest offence.

* (45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.

(46) All barons who have founded abbeys, and have charters of English kings or ancient tenure as evidence of this, may have guardianship of them when there is no abbot, as is their due.

(47) All forests that have been created in our reign shall at once be disafforested. River-banks that have been enclosed in our reign shall be treated similarly.

* (48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed.

* (49) We will at once return all hostages and charters delivered up to us by Englishmen as security for peace or for loyal service.

* (50) We will remove completely from their offices the kinsmen of Gerard de Athée, and in future they shall hold no offices in England. The people in question are Engelard de Cigogné', Peter, Guy, and Andrew de Chanceaux, Guy de Cigogné, Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with Geoffrey his nephew, and all their followers.

* (51) As soon as peace is restored, we will remove from the kingdom all the foreign knights, bowmen, their attendants, and the mercenaries that have come to it, to its harm, with horses and arms.

* (52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61). In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full.

* (53) We shall have similar respite in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first a-orested by our father Henry or our brother Richard; with the guardianship of lands in another person's 'fee', when we have hitherto had this by virtue of a 'fee' held of us for knight's service by a third party; and with abbeys founded in another person's 'fee', in which the lord of the 'fee' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.

(54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband.

* (55) All fines that have been given to us unjustly and against the law of the land, and all fines that we have exacted unjustly, shall be entirely remitted or the matter decided by a majority judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61) together with Stephen, archbishop of Canterbury, if he can be present, and such others as he wishes to bring with him. If the archbishop cannot be present, proceedings shall continue without him, provided that if any of the twenty-five barons has been involved in a similar suit himself, his judgement shall be set aside, and someone else chosen and sworn in his place, as a substitute for the single occasion, by the rest of the twenty-five.

(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in the Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way.

* (57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions.

* (58) We will at once return the son of Llywelyn, all Welsh hostages, and the charters delivered to us as security for the peace.

* (59) With regard to the return of the sisters and hostages of Alexander, king of Scotland, his liberties and his rights, we will treat him in the same way as our other barons of England, unless it appears from the charters that we hold from his father William, formerly king of Scotland, that he should be treated otherwise. This matter shall be resolved by the judgement of his equals in our court.

(60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men.

* (61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security:

The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter. If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. If we, or in our absence abroad the chiefjustice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us.

Any man who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing us to the utmost of his power. We give public and free permission to take this oath to any man who so desires, and at no time will we prohibit any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear it at our command.

If-one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were.

In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear.

The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power.

We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by which any part of these concessions or liberties might be revoked or diminished. Should such a thing be procured, it shall be null and void and we will at no time make use of it, either ourselves or through a third party.

* (62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of peace.

In addition we have caused letters patent to be made for the barons, bearing witness to this security and to the concessions set out above, over the seals of Stephen archbishop of Canterbury, Henry archbishop of Dublin, the other bishops named above, and Master Pandulf.

* (63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fulness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever.

Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the abovementioned people and many others.

Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (i.e. 1215: the new regnal year began on 28 May).



Baca Selengkapnya..

Charter of the United Nations

June 26, 1945, 59 Stat. 1031, T.S. 993, 3 Bevans 1153, entered into force Oct. 24, 1945.

Preamble

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in larger freedom,


AND FOR THESE ENDS

to practice tolerance and live together in peace with one another as good neighbors, and
to unite our strength to maintain international peace and security, and
to ensure by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

CHAPTER I

PURPOSES AND PRINCIPLES
Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4. To be a center for harmonizing the actions of nations in the attainment of these common ends.

Article 2

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.

2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.

3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

CHAPTER II

MEMBERSHIP
Article 3

The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.

Article 4

1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

Article 5

A member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.

Article 6

A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

CHAPTER III

ORGANS
Article 7

1. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat.

2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

Article 8

The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

CHAPTER IV

THE GENERAL ASSEMBLY

Article 9

Composition

1. The General Assembly shall consist of all the Members of the United Nations.

2. Each member shall have not more than five representatives in the General Assembly.

Functions and Powers
Article 10

The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.

Article 11

1. The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.

2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.

3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.

4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.

Article 12

1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.

2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.

Article 13

1. The General Assembly shall initiate studies and make recommendations for the purpose of:

a. promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;

b. promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1(b) above are set forth in Chapters IX and X.

Article 14

Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

Article 15

1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.

2. The General Assembly shall receive and consider reports from the other organs of the United Nations.

Article 16

The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.

Article 17

1. The General Assembly shall consider and approve the budget of the Organization.

2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.

3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.

Voting
Article 18

1. Each member of the General Assembly shall have one vote.

2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1(c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.

3. Decisions on other questions, Composition including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.

Article 19

A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

Procedure
Article 20

The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.

Article 21

The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.

Article 22

The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.

CHAPTER V

THE SECURITY COUNCIL

Article 23

1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.

The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.

Each member of the Security Council shall have one representative.

Functions and Powers
Article 24

1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.

2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.

3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 25

The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

Article 26

In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.

Voting
Article 27

1. Each member of the Security Council shall have one vote.

2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.

3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

Procedure
Article 28

1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.

2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.

3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.

Article 29

The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.

Article 30

The Security Council shall adopt its own rules of procedure, including the method of selecting its President.

Article 31

Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.

Article 32

Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

CHAPTER VI

PACIFIC SETTLEMENT OF DISPUTES

Article 33

1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34

The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

Article 35

1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36

1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.

2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.

3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

Article 37

1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 38

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

CHAPTER VII

ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

Article 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

Article 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43

1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.

Article 45

In order to enable the United Nations to take urgent military measures Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46

Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47

1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.

3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.

4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.

Article 48

1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.

2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 49

The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

CHAPTER VIII

REGIONAL ARRANGEMENTS

Article 52

1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.

2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.

3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.

4. This Article in no way impairs the application of Articles 34 and 35.

Article 53

1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.

2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.

Article 54

The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.

CHAPTER IX

INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION

Article 55

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

a. higher standards of living, full employment, and conditions of economic and social progress and development;

b. solutions of international economic, social, health, and related problems; and international cultural and educational co-operation; and

c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

Article 57

1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.

2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.

Article 58

The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.

Article 59

The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.

Article 60

Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

CHAPTER X

THE ECONOMIC AND SOCIAL COUNCIL
Composition

Article 61

1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.

2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.

3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.

4. Each member of the Economic and Social Council shall have one representative.

Functions and Powers
Article 62

1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned.

2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.

3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.

4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.

Article 63

1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.

2. It may coordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.

Article 64

1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.

2. It may communicate its observations on these reports to the General Assembly .

Article 65

The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.

Article 66

1. The Economic and Social Council shall perform such functions as fall within its competence in connection with the carrying out of the recommendations of the General Assembly.

2. It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.

3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.

Article 67

1. Each member of the Economic and Social Council shall have one vote.

2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.

Procedure
Article 68

The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.

Article 69

The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.

Article 70

The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.

Article 71

The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.

Article 72

1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.

2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

CHAPTER XI

DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES

Article 73

Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:

a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;

b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;

c. to further international peace and security;

d. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and

e. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapter XII and XIII apply.

Article 74

Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighborliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.

CHAPTER XII

INTERNATIONAL TRUSTEESHIP SYSTEM

Article 75

The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.

Article 76

The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:

a. to further international peace and security;

b. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;

c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and

d. to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals and also equal treatment for the latter in the administration of justice without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.

Article 77

1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;

b. territories which may be detached from enemy states as a result of the Second World War; and

c. territories voluntarily placed under the system by states responsible for their administration.

2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

Article 78

The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.

Article 79

The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.

Article 80

1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.

2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.

Article 81

The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.

Article 82

There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.

Article 83

1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council.

2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.

3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political. economic, social, and educational matters in the strategic areas.

Article 84

It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defense and the maintenance of law and order within the trust territory.

Article 85

1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.

2. The Trusteeship Council, operating under the authority of the General Assembly, shall assist the General Assembly in carrying out these functions.

CHAPTER XIII

THE TRUSTEESHIP COUNCIL
Composition

Article 86

1. The Trusteeship Council shall consist of the following Members of the United Nations:

a. those Members administering trust territories;

b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and

c. as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.

2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.

Functions and Powers
Article 87

The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering authority;

c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and

d. take these and other actions in conformity with the terms of the trusteeship agreements.

Article 88

The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.

Voting
Article 89

1. Each member of the Trusteeship Council shall have one vote.

2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.

Procedure
Article 90

1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.

2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

Article 91

The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.

CHAPTER XIV

THE INTERNATIONAL COURT OF JUSTICE

Article 92

The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.

Article 93

1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.

2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

Article 94

1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.

2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

Article 95

Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.

Article 96

1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.

2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

CHAPTER XV

THE SECRETARIAT

Article 97

The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

Article 98

The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.

Article 99

The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.

Article 100

1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.

2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.

Article 101

1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.

2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.

3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

CHAPTER XVI

MISCELLANEOUS PROVISIONS

Article 102

1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.

2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph I of this Article may invoke that treaty or agreement before any organ of the United Nations.

Article 103

In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

Article 104

The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.

Article 105

1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.

2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.

3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

CHAPTER XVII

TRANSITIONAL SECURITY ARRANGEMENTS

Article 106

Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow October 30, 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.

Article 107

Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

CHAPTER XVIII

AMENDMENTS

Article 108

Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.

Article 109

1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any seven members of the Security Council. Each Member of the United Nations shall have one vote in the conference.

2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.

3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.

CHAPTER XIX

RATIFICATION AND SIGNATURE

Article 110

1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.

2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.

3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.

4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.

Article 111

The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.



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