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Law on Statistics (No 16)

LAW OF THE REPUBLIC OF INDONESIA
NUMBER 16 OF 1997
ON STATISTICS

WITH THE MERCY AND COMPASSION OF THE ONE ONLY GOD
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering :

a. that a statistics are important to the planning, implementation, monitoring, and evaluation of various activities in every aspect of the community, nation, and state in the context of national development, as the implementation of Pancasila, which aims to promote public welfare in an effort to achieve the national goals as stated in the preamble to the Constitution of 1945;
b. that in the above mentioned importance of statistics mean, that steps must be taken to regulate integrated national statistics in an effort to create a reliable, effective, and efficient National Statistics System;
c. that in Law Number 6 of 1960 on Censuses and Law Number 7 of 1960 on Statistics are no longer appropriate in light of subsequent developments, community demands, and the requirements of national development;
d. that in light of letter a, b, and c above, a new Law on Statistics is deemed necessary;

In view of : Article 5 section (1) and Article 20 section (1) of the Constitution of 1945;

With the approval of

THE PEOPLE’S REPRESENTATIVE COUNCIL OF THE REPUBLIC OF INDONESIA
DECREES :

To stipulate : THE LAW ON STATISTICS.

CHAPTER I
GENERAL PROVISIONS

Article 1

In this law :
1. Statistics are the data obtained by collection, preparation, presentation, and analysis, and is the system which regulates the connection between elements of statistics collection.
2. Data are information in the form of numbers which concern the special characteristics of a population.
3. The National Statistics System is an institution consisting of parts which are interlinked in an ordered manner to form a totality in statistical collections.
4. Statistical activities are measures directed towards providing and disseminating data, advancing the science of statistics, and eventually developing a National Statistics System.
5. Basic statistics are statistics utilized for a broad range of (both government and community) purposes, which have cross-sectoral characteristics, are on a national and macro scale, and will be the responsibility of the Agency.
6. Sectoral statistics are statistics utilized to satisfy the needs of particular institutions in an effort to perform the duties of the administration and to further development, the primary duty of the institution in question.
7. Special statistics are statistics utilized to fulfil the specific needs of business, education,
socioculture, and community interests, undertaken by non government institutions, organizations, individuals, and/or other parts of the community.
8. A census is the data collected by enumerating a census of all population units in the entire territory of the Republic of Indonesia to determine the characteristics of a population at a given time.
9. A survey is a data collection method whereby a sample census is taken in order to estimate the characteristics of a population at a given time.
10. The compilation of administrative products is collecting, preparing, presenting and analyzing data from administrative records available from the government and/or the community.
11. The Agency is the BPS - Statistics Indonesia.
12. Population is the unit or object of statistical activities, and includes government institutions, non government institutions, organizations, individuals, items, and so on.
13. A sample is a unit of the population used to estimate the characteristics of a population.
14. A synopsis is an outline of a statistical collection.
15. A conductor of statistical activities may be a government institution, a non government institution, an organization, an individual, or another part of the community.
16. An enumerator is an individual assigned by the conductor of statistical activities to collect data by interviewing, measuring (or using some other method on) the object of statistical activity.
17. A respondent is a government institution, a non government institution, an organization, an individual, or another part of the community which has been selected as the object of statistical activity.

CHAPTER II
PRINCIPLES, DIRECTIONS, AND AIMS

Article 2

In addition to the basic principles of national development, this Law is based on :
a. integrity;
b. accuracy; and
c. currency.

Article 3
Statistical activities should :
a. support national development;
b. develop a reliable, effective, and efficient National Statistics System;
c. increase public awareness of the significance and function of statistics; and
d. support the development of science and technology.

Article 4

Statistical activities aim to provide complete, accurate, and current statistical data in order to create a reliable, effective, and efficient National Statistics System to support national development.

CHAPTER III
TYPES OF STATISTICS AND METHODS OF DATA COLLECTION

Part One
Types of Statistics

Article 5

Based on the purpose for which they are used, statistics are classified into the following types :
a. basic statistics;
b. sectoral statistics; and
c. special statistics.

Article 6

(1) Basic statistics and sectoral statistics are available for public utilization unless it is specified otherwise in prevailing legislation.
(2) Every individual has equal opportunity to access and make use of special statistics but must maintain regard for the legally protected rights of a person or an institution.

Part Two
Data Collection Methods

Article 7

Statistics are collected by :
a. census;
b. survey;
c. the compilation of administrative products; and
d. other methods in keeping with developments in science and technology.

Article 8

(1) Censuses as referred to in Article 7 letter a, will be conducted at least once every ten years by the Agency, and will consist of :
a. a population census;
b. an agricultural census; and
c. an economic census.
(2) Changes to the census and when it is to be conducted as referred to in section (1), will be further regulated in a government regulation.

Article 9

(1) Surveys as referred to in Article 7 letter b, will be conducted periodically or at any time in
order to obtain detailed data.
(2) Intercencal surveys will be carried out between censuses in order to bridge them.

Article 10

(1) Compilation of administrative products referred to in Article 7 letter c, will be collected by
utilizing various documents from administrative records.
(2) Compilation of administrative products will be owned by government institutions but will be available for public utilization unless prevailing legislation specifies otherwise.
(3) Every individual will have an equal opportunity to access the compilation of administrative products owned by a non government institution, an organization, an individual, or another part of the community but must maintain regard for the legally protected rights of an individual or an institution.

CHAPTER IV
STATISTICS COLLECTION

Part One
Basic Statistics

Article 11

(1) The Agency is responsible for basic statistics collection.
(2) When collecting basic statistics referred to in section (1), the Agency will obtain data by:
a. census;
b. survey;
c. compilation of administrative products; and
d. other methods in keeping with developments in science and technology.

Part Two
Sectoral Statistics

Article 12

(1) A government institution will collect sectoral statistics in accordance with the scope of its duties and functions, either independently or in cooperation with the Agency.
(2) When collecting sectoral statistics, the government institution will obtain data by :
a. survey;
b. compilation of administrative products; and
c. other methods in keeping with developments in science and technology.
(3) Sectoral statistics must be collected in cooperation with the Agency when the statistics can only be obtained by census and need to be collected on a national scale.
(4) The results of sectoral statistics activity when carried out by a government institution on its own must be submitted to the Agency.

Part Three
Special Statistics

Article 13

(1) Special statistics will be collected by the community whether by a non government institution, an organization, an individual, or another part of the community either independently or in cooperation with the Agency.
(2) The community may collect special statistics as referred to in section (1) by :
a. survey;
b. the compilation of administrative products; and
c. other methods in keeping with developments in science and technology.

Article 14

(1) In order to develop a National Statistics System, the community as referred to in Article 13 section (1) must provide the Agency with a synopsis of the statistical activity that it has
undertaken when completed.
(2) The synopsis referred to in section (1) should contain :
a. a title;
b. the area where the statistical activities were conducted;
c. the population;
d. the number of respondents;
e. the time taken;
f. the statistical method;
g. the name and address of the conductor of statistics activities; and
h. an abstract.
(3) The synopsis can be delivered by post, a data communications network, or other means
deemed convenient for the conductor of the statistical activity.
(4) The obligation to provide a synopsis as referred to in section (1) does not apply to statistics which are used to fulfil internal requirements.

CHAPTER V
PUBLICATION AND DISSEMINATION

Article 15

(1) The Agency may publish the statistics it has collected.
(2) The statistics are to be published in the Official Statistics News.

Article 16

The Agency is to disseminates the statistics it has collected.

CHAPTER VI
COORDINATION AND COOPERATION

Article 17

(1) The coordination and cooperation in the collection of statistics will be the responsibility of the Agency in consultation with government institutions and the community, at both central and regional levels.
(2) In the framework of achieving and developing a National Statistics System, the Agency will cooperate with government institutions and the community to standardize concepts, definitions, classifications and measurements.
(3) The coordination and cooperation referred to in section (1) are to be conducted on the basis of partnership, and developments in science and technology will be anticipated and applied.
(4) The method and scope of the coordination and cooperation in the collection of statistics
between the Agency, government institutions, and the community will be further regulated by a Presidential Decree.

Article 18

(1) There may also be cooperation in collecting statistics between the Agency, government
institutions, and/or the community and international institutions, foreign countries, or foreign
29 The Law on Statistics private institutions in accordance with prevailing legislation.
(2) The cooperation in the collection of statistics referred to in section (1) is based on the principle that the principal conductor of statistical activities will be the Agency, the government institution, or the Indonesian community.

CHAPTER VII
RIGHTS AND OBLIGATIONS

Part One
Conductor of Statistic Activities

Article 19

The conductor of statistical activities may obtain information from respondents on the characteristics of every population which is the object of the research.

Article 20

In accordance with prevailing legislation, the conductor of statistical activities must provide equal opportunity for the community to access available statistics.

Article 21

The conductor of statistical activities must ensure the confidentiality of the information obtained from respondents.

Part Two
Enumerators

Article 22

Every enumerator from the Agency may enter an appointed working area in order to obtain necessary information.

Article 23

Every enumerator must deliver the results of the statistical activity without altering them.

Article 24

Stipulations ensuring the confidentiality of the information collected referred to in Article 21 also apply to enumerators.

Article 25

Every enumerator must display his or her letter of assignment and/or identification, and must observe religious beliefs, local customs, etiquette and public order.

Part Three
Respondents

Article 26

(1) Every individual has the right to refuse to be a respondent, except when the Agency is collecting basic statistics.
(2) Every respondent may turn away any enumerator who fails to satisfy the requirements of
Article 25.

Article 27

Every respondent must provide the required information when the Agency is collecting basic statistics.

CHAPTER VIII
INSTITUTIONAL ISSUES

Article 28

(1) The government will establish a Agency which will be under and directly responsible to the President.
(2) The Agency has regional representatives vertically.
(3) Stipulations regarding the Agency’s duties, functions, organizational structure, and working procedures, as referred to in section (1) and section (2), will be further regulated by a Presidential Decree.

Article 29

(1) The government will establish a Statistics Community Forum which will provide advice on statistics to the Agency.
(2) The Forum referred to in section (1) will not have a formal structure but will be independent. Its members will consist of government representatives, experts, practitioners and public figures.

Article 30

(1) A government institution may establish an organizational unit within its field of operation to collect sectoral statistics.
(2) The duties, functions, organizational structures, and working procedures of the organizational unit referred to in section (1) will be regulated by the relevant institution based on prevailing legislation.
(3) When collecting sectoral statistics, the organizational unit referred to in section (1) must
coordinate with the Agency to apply standardized concepts, definitions, classifications and
measurements to further develop the National Statistics System.

CHAPTER IX
GUIDANCE

Article 31

The Agency will cooperate with government institutions and the community to guide the statistics collecting body and the community, in order to further increase the community’s contributions to, and appreciation of statistics, to develop a National Statistics System, and to support national development.

Article 32

The Agency should provide guidance as referred to in Article 31, by :
a. increasing the capabilities of the human resources used in statistics collections;
b. developing statistics as a science;
c. increasing mastery of science and technology which can support statistics collections;
d. creating conditions that support the necessary standardization and development of concepts, definitions, classifications and measurements in cooperation with other statistics collectors;
e. developing an information statistics system;
f. improving the dissemination of statistical information;
g. increasing the ability to use and utilize statistics to support national development; and
h. promoting public awareness of the significance and function of statistics.

Article 33

The guidance directive referred to in Article 31 will be further regulated in a government regulation.

CHAPTER X
CRIMINAL PENALTIES/PROVISIONS

Article 34

Any individual who unlawfully conducts a census in breach of Article 11 section (2) letter a, will be subject to imprisonment for a period not exceeding two years and a fine not exceeding Rp 50,000,000.

Article 35

Any individual who deliberately violates Article 14 section (1), will be subject to imprisonment for a period not exceeding one year or a fine of up to Rp 25,000,000.

Article 36

(1) Any conductor of statistical activities who deliberately, and without legal justification, fails to fulfil his or her obligations as set out in Article 20, will be subject to imprisonment for one year or a fine not exceeding Rp 25,000,000.
(2) Any conductor of statistical activities who deliberately violates Article 21 will be subject to imprisonment for a period not exceeding five years and a fine not exceeding Rp 100,000,000.

Article 37

Enumerators who deliberately violate Article 24 will be subject to imprisonment for a period not exceeding one year and six months and a fine not exceeding Rp 25,000,000.

Article 38

Respondents who deliberately violate Article 27 will be subject to imprisonment for a period not exceeding one year and six months and a fine not exceeding Rp 25,000,000.

Article 39

Any individual who deliberately and without legal justification prevents, interrupts, or causes the conductor of statistical activities to fail to collect basic or sectoral statistics will be subject to imprisonment for a period not exceeding five years and a fine not exceeding Rp 100,000,000.

Article 40

(1) The criminal acts referred to in Article 34, Article 36 section (2), Article 37, Article 38, and Article 39 are crimes.
(2) The criminal acts referred to in Article 35 and Article 36 section (1) are violations.

CHAPTER XI
TRANSITIONAL PROVISION

Article 41

All regulations which implement Law Number 6 of 1960 on Censuses and Law Number 7 of 1960 on Statistics remain effective provided they do not conflict with, or have not been repealed by, this Law or any subsequent legislation.

CHAPTER XII
CLOSING PROVISIONS

Article 42

When this Law takes effect, Law Number 6 of 1960 on Censuses and Law Number 7 of 1960 on Statistics will be invalid.

Article 43

This Law will take effect on the date it is enacted.

In order for every individual to know of this law, this legislation must be published in the State Gazette of the Republic of Indonesia.

Ratified in Jakarta
on May 19, 1997

The President of the Republic of Indonesia
signed
SOEHARTO

Promulgated in Jakarta
on May 19, 1997

THE MINISTER/STATE SECRETARY
OF THE REPUBLIC OF INDONESIA

signed
MOERDIONO

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 1997 NUMBER 39

Copy of original text Copy of original copy
SECRETARIAT OF THE CABINET OF BPS - STATISTICS INDONESIA
THE REPUBLIC OF INDONESIA Head of the Bureau of
Head of the Bureau of Personnel and Organization,
Law and Regulations,
signed signed
Lambock V. Nahattands Pietojo, MSA
___________________________________________________

ELUCIDATION OF THE LAW OF THE REPUBLIC OF INDONESIA
NUMBER 16 OF 1997 ON STATISTICS

GENERAL

Law Number 6 of 1960 on Censuses and Law Number 7 of 1960 on Statistics are no
longer in accordance with or capable of accommodating various developments, the community’s demands, and the needs of national development. The condition of the state and developments in science and technology when the two Laws were enacted were very different from those of the present day.

In the past thirty years, fundamental changes have influenced the collection of statistics.
Firstly, improved community welfare as a result of national development has increased the variety of statistical data required by the community. Secondly, the variety of data which in the early sixties could be adequately collected by the Central Bureau of Statistics (BPS) now requires the involvement of other conductors of statistical activities beyond the Agency. Thirdly, developments in science and technology have impacted upon the development of statistics collection. Fourthly, strategic changes, such as globalization, marked by openness, increased competition, rapid flow of statistical information, and the increased role of information for the government or the community, have also effected the
development of statistics collection. These four changes have increased the need for more adequate regulations to prevent duplication, facilitate data user access, legal certainty for statistics collectors, and protection for respondents.

The primary principles that must be applied and adhered to when collecting statistics are
national development (which includes faith and subservience to God the One and Only), usefulness, Pancasila Democracy, fairness, equality, balance, harmony, legality, independence, enthusiasm, and science and technology. This Law also operates on the basis of integrity, accuracy, and currency to provide reliable and accurate statistical data.

The definition of statistics in this Law is broad, statistics may be data or information in the
form of numbers, a system which combines statistical undertakings, or the science of the methods for collecting, processing, presenting, and analyzing data. These three definitions of statistics will become the foundation for statistics collection which will support national development.

This Law establishes the types of statistics based on the purpose for which they are used
and regulates the scope and function of conductors of statistical activities. Depending on the purpose for which they are used, statistics can be basic, sectoral, or special. The regulation of the scope and function of conductors of statistical activities are aimed at: firstly, guaranteeing legal certainty for the conductors of statistical activities whether from the government or the community; secondly, safeguarding the interests of the statistics users over the value of the information they have received; thirdly, striving for coordination and cooperation to ensure that enumerators collect statistics effectively, efficiently and without duplication, and that the statistics complement and support each other; and
fourthly, anticipating scientific and technological developments which will impact upon the collection of statistics.

As an independent government institution, the Agency may publish the statistics it has
collected, regularly and transparently through the Official Statistics News. The validity of all published statistics will be the sole responsibility of the Agency.

It is very important that the coordination and cooperation regulated in this Law be developed between the Agency and government institutions, non government institutions, organizations, individuals, and/or other parts of the community, and that cooperation be developed with foreign institutions dealing with statistics. The increasing diversity in statistics will require developments which must accord with the needs and progress of the nation and advances in science and technology. Thus the standardization of concepts, definitions, classifications and measurements will require close attention.

The rights and obligations of the conductor of statistical activities, enumerators, respondents, and statistics users are regulated in a balanced manner. Thus penalties for violations of the norms of statistics collection will be established to protect the party which suffers loss.

The Agency will be represented by hierarchical agencies in regional areas. Any organizational units in the government domain which collects sectoral statistics must cooperate with the Agency to apply uniform concepts, definitions, classifications and standardized measurements. To optimize the collection of statistics, the Agency should obtain advice from the Community Statistics Forum for Statistics, which consists of government bodies, experts, practitioners and public figures.

The Agency will guide statistics collectors and the community in general in order to increase contributions which support national development, to develop a National Statistics System, and to promote public awareness, both of respondents and as users of statistics, and the significance and function of statistics. To do this, the Agency will cooperate with government enumerators and parts of the community.

Some of the new material in this Law is:

1. The type of statistics. This depends on the purpose for which they are used. Basic statistics are collected solely by the Agency. Sectoral statistics are collected by government enumerators whether independently or in cooperation with the Agency. Special statistics are collected by non government institutions, organizations, individuals, and/or other parts of the community either independently or with the Agency.
2. Statistics collected by the Agency are to be published in the Official Statistics News regularly and transparently so that the community can readily obtain necessary data.
3. The National Statistics System will be reliable, effective and efficient.
4. A Community Forum for Statistics, will be established. Its duty will be to advise the Agency, and accommodate the aspirations of the statistics community.

This Law must be promoted intensively among the community.
This Law only regulates primary issues. Thus further stipulations will be promulgated in an
implementing regulation.

ARTICLE BY ARTICLE

Article 1

No further explanation required.

Article 2

Founded in national development, this Law is based on integrity, accuracy, as well as
currency.
Letter a.
"Integrity" means that statistics are collected together with the government, and
that the community must complement and strengthen each other by fulfilling statistical
needs and avoiding duplication.
Letter b.
"Accuracy" means that all statistics must attempt to generate thorough, precise,
accurate, and correct statistical data.
Letter c.
"Currency" means that all presented or available statistics must illustrate a
phenomenon and/or its changes on the basis of the most recent data. Therefore,
the collection, processing, presentation, and analysis of statistics must always be
constantly, continuously, and periodically undertaken.

Article 3

Letter a.
No further explanation required.
Letter b.
No further explanation required.
Letter c.
"Community awareness" means the growth and development of awareness about
statistics, which will promote the community’s knowledge of the importance,
significance and function of statistics.
Letter d.
No further explanation required.

Article 4

The institutional status of the conductor of statistical activities, the method employed, the quality of human resources, and a legal guarantee that the system is capable of presenting
complete, accurate, and timely statistical data, are all interrelated and must be focused upon in the context of the National Statistics System.

Article 5

The types of statistics (basic, sectoral or special), which are defined with reference to their
purpose, include economic statistics and public welfare statistics. Economic statistics cover
agricultural, industrial, trade, and other types of economic statistics, while public welfare statistics encompass demographic and environmental statistics.

The compilation of administrative products and/or the processing of basic, sectoral, or
special statistics may be presented in the form of either cross-sectoral or regional statistics,
such as gross domestic product figures, gross regional domestic product figures, national
income figures, economic indicators, social indicators, cross-sectoral statistics, and other
regional statistics.

To fulfil the need for data on a regional level, regional statistics can be presented.

Article 6

Section (1)
No further explanation required.

Section (2)
The rights protected by the Law include copyright.

Article 7

Letter a.
No further explanation required.
Letter b.
No further explanation required.
Letter c.
No further explanation required.
Letter d.
Developments in science and technology, especially information and
communications technology, will enable the introduction of other special data
collecting methods. Thus, the conductor of statistical activities must anticipate these
developments.

Article 8

Section (1)
Because censuses will touch on every stratum of the community, the Agency must notify the community of them before they are conducted.

Section (2)
Besides taking the need for it into account, the establishment of the years in which the census will be undertaken should also refer to various international conventions to enable an international comparative aspect. Several censuses which have been carried out are the Population Censuses of 1930, 1961, 1971, 1980, and 1990; the Agricultural Censuses of 1963, 1973, 1983, and 1993, and the Economic Censuses of 1986 and 1996.

Article 9

Section (1)
No further explanation required.

Section (2)
Surveys will be conducted between censuses for the purpose of updating data, such as the Intercensal Population Survey.

Article 10

No further explanation required.

Article 11

Section (1)
Because the benefits of basic statistics are significant, the Agency will be responsible for collecting them.

Section (2)
Letter a.
No further explanation required.
Letter b.
No further explanation required.
Letter c.
When collecting basic statistics by compiling administrative products, the Agency may obtain the administrative products available from government institutions and/or parts of the community but must maintain regard for the legally protected rights of individuals or institutions.
Letter d.
No further explanation required.

Article 12

Section (1)
"Government institutions" are those outside the Agency.

Section (2)
No further explanation required.

Section (3)
No further explanation required.

Section (4)
No further explanation required.

Article 13

No further explanation required.

Article 14

Section (1)
A synopsis should be delivered to ensure that the Agency becomes the reference center for statistical information.

Section (2)
Letter a.
No further explanation required.
Letter b.
No further explanation required.
Letter c.
No further explanation required.
Letter d.
No further explanation required.
Letter e.
No further explanation required.
Letter f.
No further explanation required.
Letter g.
No further explanation required.
Letter h.
An "Abstract" is the brief, qualitative outline of the statistics collection.

Section (3)
The collector does not have to deliver the synopsis personally but may choose a method that is considered expeditious or convenient for him or her.

Section (4)
An "Internal need" is the need that statistics be for their own purposes and not for publication.

Article 15

Section (1)
No further explanation required.

Section (2)
The Official Statistics News will be fully managed by the Agency to ensure its regular publication, authenticity, and continuity.

Article 16

The Agency must disseminate the statistics collected through the print, electronic, and other information media.

Article 17

Section (1)
No further explanation required.

Section (2)
No further explanation required.

Section (3)
No further explanation required.

Section (4)
The Presidential decree will also regulate the following primary issues:
a. the obligation of government institutions to notify the Agency prior to the commencement of any statistical activity;
b. the obligation of government institutions collecting the statistics to follow the Agency’s recommendations; and
c. the obligation of government institutions to submit statistics it has obtained to the Agency.

Article 18

No further explanation required.

Article 19

No further explanation required.

Article 20

No further explanation required.

Article 21

The confidentiality of personal information provided by respondents is guaranteed because
all statistics collectors must present the statistics in the form of aggregate statistical data.

Article 22

A "Working area" is the respondent’s domicile in the form of an administrative region,
enumeration area, or the smallest part that includes the enclosure or the physical building inside it.

Article 23

"As is" means that the statistics collected in the field must be delivered to the conductor of
the statistical activity who is managing the project, without alteration.

Article 24

No further explanation required.

Article 25

All enumerators must have assignment letter and/or identification, in order to guarantee his
or her authenticity and to reassure the respondent.

Article 26

No further explanation required.

Article 27

"Necessary information" is the information requested through a questionnaire which must
be filled in completely and accurately.

Article 28

No further explanation required.

Article 29

No further explanation required.

Article 30

Section (1)
In the framework of supporting the realization of and further developing a National Statistics System, government institutions may establish an organizational unit to collect sectoral statistics, while private institutions may also seek the establishment of an organizational unit to collect special statistics.

Section (2)
No further explanation required.

Section (3)
No further explanation required.

Article 31

No further explanation required.

Article 32

No further explanation required.

Article 33

No further explanation required.

Article 34

No further explanation required.

Article 35

No further explanation required.

Article 36

No further explanation required.

Article 37

No further explanation required.

Article 38

No further explanation required.

Article 39

No further explanation required.

Article 40

No further explanation required.

Article 41

No further explanation required.

Article 42

No further explanation required.

Article 43

No further explanation required.

ADDENDUM FOR THE STATE BULLETIN OF THE REPUBLIC OF INDONESIA NUMBER 3683.


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