THE REPUBLIC OF INDONESIA NEWS

No. 214, 2014 KEMENDAGRI. A thing. Handling. Guidelines

INTERIOR MINISTER OF THE REPUBLIC OF INDONESIA

RULES MINISTER IN COUNTRY NUMBER 12, 2014

ABOUT CASE HANDLING GUIDELINES IN THE ENVIRONMENT

THE MINISTRY OF THE INTERIOR AND LOCAL GOVERNMENT

WITH GRACE GOD ALMIGHTY THE INTERIOR MINISTER OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that in order to realize order and uniformity in the handling of matters in the environment of the Ministry of Internal Affairs and the Local Government, it needs the guidelines of the handling of the case;

b. that based on the terms of the letter a, it is necessary to establish the Regulation of the Minister of the Interior of the Republic of Indonesia on the Guidelines of Case Handling in the Ministry of Internal Affairs and the Local Government;

Given: 1. Law No. 14 Year 1985 on Supreme Court (Indonesian Republic of Indonesia Year 1985 number 73, Additional Gazette Republic of Indonesia No. 3316) as amended in the last few times with the Invite Number 3 Years of Indonesia 2009 on the Second Amendment of Law No. 14 of 1986 on the Supreme Court (Republican Gazette

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Indonesia Year 2009 Number 3, Additional Sheet State Republic Indonesia Number 4958);

2 Act No. 2 1986 about General Judicial (sheet State of the Republic of Indonesia Year 1986 Number 20, Extra Sheet Negara Indonesia Number 3327) as amended in the last few times with Law No. 49 of 2009 on the Second Amendment of the Law No. 2 Year 1986 on the General Judicial (sheet of state of the Republic of Indonesia) 2009 Number 158, Addition Of State Sheet Republic Indonesia No. 5077);

3. Act No. 5 Year 1986 on Judicial Governance Of The State (Sheet State Of The Republic Of Indonesia In 1986 Number 77, Addition Of State Sheet Indonesia No. 3344) as amended in the last few times by the Act of 1986. Number 51 of 2009 on the Second Amendment of the Law No. 5 Year 1986 of the State Tata Trials (Sheet Country Indonesia Year 2009 Number 160, Addition Of State Sheet Republic Of Indonesia Number 5079);

4. Law No. 24 of 2003 on the Constitutional Court (State of the Republic of Indonesia in 2003 No. 98, Additional Gazette of the Republic of Indonesia No. 4316) as amended several times with the Government Regulation (Indonesian: Indonesian: The Constitution of Indonesia) Successor Act No. 1 Year 2013 on the Second Amendment of Law No. 24 of 2003 on the Constitutional Court (Gazette of the Republic of Indonesia 2013 No. 167, Additional Gazette of the Republic of Indonesia Number 5456);

5. Law No. 32 of the Year 2004 on the Government of Regions (State of the Republic of Indonesia 2004 Number 125, Additional Gazette of the Republic of Indonesia Number 160) as amended several times, last with Act No. 12 In 2008 about the Second Amendment to the Law No. 32 of 2004 on the Local Government of the Republic of Indonesia in 2008

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Number 59, Additional Gazette Republic of Indonesia 4844);

6. Law No. 39 of 2008 on the Ministry of State (the State Sheet of the Republic of Indonesia 2008 No. 166, Additional Gazette of the Republic of Indonesia 4916);

7. Law No. 14 of 2008 on Openness Of Public Information (sheet Of State Of The Republic Of Indonesia 2008 Number 61, Additional Gazette Republic Of Indonesia 4846);

8. Ministry of the Interior Ministry Number 41 of 2010 on the Organization and the Working Ministry of the Interior (News of the Republic of Indonesia of Indonesia Year 2011 Number 317) as amended with the Regulation of the Minister of the Interior Number 14 Year 2011 about the Change of the Ordinance of the Home Minister No. 41 of 2010 on the Organization and the Working Services of the Ministry of the Interior (News of the Republic of Indonesia 2011 Number 168);

DECIDED: Set: INTERIOR MINISTER REGULATION ON

GUIDELINES HANDLING MATTERS IN THE INTERIOR MINISTRY ENVIRONMENT AND LOCAL GOVERNMENT.

CHAPTER I OF THE GENERAL PROVISION

Article 1 In this Ministerial Regulation is referred to:

1. The Regional Government is the Governor, the Regent, or the Mayor and the area's device as an element of the regional government's organizer

2. The civil servants of the Ministry of Internal Affairs (PNS) are the future civil servants and civil servants of the Ministry of the Interior, provincial governments, and the municipal/city government.

3. Matters are legal issues that are resolved through litigation and/or non litigation.

4. Litigation is the resolution of legal issues that are handled and settled through a judicial institution.

5. Non Litigation is the resolution of legal issues that are handled and settled outside the judicial institution.

6. Criminal charges are criminal charges faced by CPNS and

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PNS in the environment of the Interior Ministry and Local Government in relation to the execution of the kedinasan task.

7. The next Regional Working Unit (SKPD) is the regional assistant to the regional government.

8.

Article 2 (1) The handling of legal matters in the Ministry of the Interior

implemented the Bureau of Law. (2) The handling of legal matters in the Province ' s environment executed the Bureau

The provincial law. (3) Handling of legal matters in the County/City environment

implemented Section of District/City Law on its territory. BAB II

CASE OF LAW Article 3

The legal perkara as referred to in Article 2 includes: a. litigation; and b. non litigation.

Section of Litigation Section 4

Litigation as referred to in Article 3 of the letter a, consists of: a. An undrailed material test; b. Under-

invite; c. Perdata case; d. criminal case; e. State planning matters; f. the dispute over the authority of the institutions of state that its authority is granted

by the Basic Law of the Republic of Indonesia in 1945; and

g. The other one at the other justice agency. Section 5

(1) Testing of the statute of materiel as referred to in Article 4 of the letter a and dispute the authority of the state institutions that were authorized by the Constitution of the Republic of Indonesia in 1945 as contemplated. in Article 4 of the letter f, in the Law of the Constitutional Court.

(2) The Handling of the materiel test of the laws under the law as referred to in Article 4 of the letter b, is conducted in the Supreme Court.

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(3) The handling of the civil lawsuit as referred to in Article 4 of the letter c, performed at the level: a. Court of State; b. The High Court; and c. Supreme Court.

(4) Criminal Perkara as referred to in Article 5 of the letter d, performed at the level: a. Court of State; b. The High Court; and c. Supreme Court.

(5) The handling of the country ' s business order lawsuit as referred to in Article 4 of the letter e, performed at the level: a. Courts of the State of State; b. High Court of State Enterprises; and c. Supreme Court.

(6) The handling of the case in other Courts as referred to in Article 4 of the letter of the Public Information Commission, Ajudication, Arbitration, KPPU, Taxes, Industrial Relations and the institutions examine, prosecute and cut legal matters.

Article 6

(1) The Legal Bureau of the Ministry of Internal Affairs, the Bureau of Provincial Law and the District Law Section/City address the case as referred to in Article 4.

(2) The Legal Bureau The Ministry of the Interior in dealing with matters of coordination with the Ministry of the Interior Ministry Country, Ministry/Institute and government related areas.

(3) The Provincial Law Bureau in the handling of matters is coordinating with the Law Bureau of the Ministry of Internal Affairs, the District/City Legal Section and the related SKPD.

(4) Legal Section District/City in dealing with matters coordinating with the Provincial Law Bureau, the relevant SKPD and the Legal Bureau of the Ministry of Internal Affairs.

Part of the Kesatu

Paragraph Of Materiel Test Handling of the Act and Disputed

Authorization The State Agency for which it was administered was granted by the State Basic Law of 1945.

Article 7 (1) In the handling of the Materiil Test of the Act and the Disputed

The authority of the State Agency whose authority is provided by

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The Basic Law of the State of the Year 1945, the Legal Bureau of the Ministry of Internal Affairs did among others: a. The study/review of the object of the material test application and

The dispute over the authority of the State Agency; b. receive a special letter of power from the president to be delivered

and signed by the Minister; c. the investigation of government statements and written evidence; d. Witness and/or expert on trial; e. The preparation of conclusions; and f. hearing on the Constitutional Court.

(2) In conducting activities as referred to in paragraph (1) the Legal Bureau of the Ministry of Internal Affairs may coordinate with the Working Units of the Ministry of Internal Affairs, the Ministry/Institute and the relevant regional government.

Article 8 In terms of local government matters in the Constitutional Court related to the testing of legislation, Disputes The Authority Between State Agencies and the Settlement of the results of the general election, the Legal Bureau of the Ministry of Internal Affairs, Provincial Law Bureau and the district/city Law Section can provide Assistance.

Part Atu Paragraph Second

Test Materiil Regulation Legislation Under

Article 9 (1) The Legal Bureau of the Ministry of Internal Affairs in its handling

plea for the regulatory material rights of the rules Under the law as referred to in Article 4 of the letter b among others do activities: a. study/recap and legal considerations against objects

pleas; b. (2) In performing activities as referred to in paragraph (1) The Law Bureau of the Ministry of Internal Affairs may coordinate with the Ministry of Internal Affairs, Ministry/Institute and related local governments.

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Section 3 of the Third paragraph

The case of data section 10

The data case as referred to in Article 4 of the letter c performed by: a. Minister; b. The Head of Derah and/or the Deputy Head of the Regions; and c. CPNS/PNS Ministry of Interior, Province and District/City.

Article 11 of the Legal Bureau of the Ministry of the Interior, the Provincial Law Bureau and the District/City Legal Section in the handling of the civil matter as referred to in Article 10, perform: a. A palm of the object of the suit; b. Authorization mail setup, answer setup, duplication, proof tool and

witness, conclusion, appeal memory/counter memory appeal, memory cassation/counter memory cassation and memory of review/counter review memory;

c. attend trial in the State Adian; d. Deliver the Appeal/Contra Memory of the Appeal to

The High Court through the First Level Tribunal; and e. Deliver the Cassation/Counter Memory Counter memory, memory

Review/Counter Memory Review to the Supreme Court through the First Level Court.

Section Four Paragraph 4

Criminal Perkara Article 12

(1) The Legal Bureau of the Ministry of Internal Affairs may conduct an escort in the process of inquiry and investigation of criminal cases carried out by the Minister and the CPNS/PNS Ministry of the Interior.

(2) The Emphasis as referred to in paragraph (1) can coordinate with the work unit of the Interior Ministry, The Ministry/Agency and the government are related.

Article 13 (1) The Provincial Bureau of Law performs a distraction in the process

the investigation and investigation of criminal cases carried out by the Governor/Deputy Governor and CPNS/PNS provinces.

(2) The law enforcement as referred to in paragraph (1) is coordinating with the Ministry of Internal Affairs of the Interior, the County/City Legal Section and the related SKPD.

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Section 14 (1) District Law/City commits atonement in

process of inquiry and investigation of criminal cases carried out by the Regent/Deputy Regent, Mayor/Deputy Mayor and CPNS/PNS -District/City.

(2) The enforcement of the law as referred to in paragraph (1) is coordinating with the Provincial Law Bureau, the related SKPD and the Legal Bureau of the Ministry of Internal Affairs.

Article 15 of the Legal Relation as referred to in Article 12, Article 13, and Article 14, provides an understanding of the law among others: a. regarding the rights and obligations of the witnesses in any stage

examination; b. the legal provisions of the criminal event; c. regarding the criminal delical material dishaunted; and d. other things deemed necessary and related to the case

encountered. Section Kesatu

Fifth Paragraph of the country's business order

section 16 The case of the country's business order as referred to in Article 4 of the letter e is related to: a. The President's decision; b. The decision of the Minister; c. Governor's decision; and d. Decision of the Regent/Mayor

Article 17 of the Legal Bureau of the Ministry of the Interior, the Provincial Law Bureau and the District/City Law Section in the handling of the state order suit as referred to in Article 16 perform among others: a. A study of the object of the action; b. attend a hearing in the State Administrative Court; c. prepare and deliver a letter of power, reply, duplick, tool

proof, witness, conclusion; d. declare and submit the Appeal, conveying the Memory

Appeal/Contra Memory of the Appeal; and e. stated and filed for Cassation, conveyance of Memory

Cassation/Counter Memory Cassation, Memory Review/Counter Memory Review to the Supreme Court through First Level Court.

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Section Sixth paragraph

Case in Other Judicial Agency Article 18

Legal Bureau of the Ministry of Internal Affairs, Provincial Bureau of Law and District Law/City in handling of matters in the Agency Another trial as referred to in Article 4 of the letter g, performs among others: a. A study of the object of the action; b. document and data preparation; c. power mail setup; and d. A trial that includes the process of answering and proofing;

The Second Non-Litigation Section

section 19 of the non-litigation case as referred to in Article 3 of the letter b, consists of: a. Legal complaint; b. legal consultation; and c. demonstration handling.

Article 20 (1) The legal complaint as referred to in Article 19 of the letter a

is a matter delivered by the public and/or local government to be facilitated by the Bureau. The Law of the Interior Ministry, the Provincial Law Bureau, the district/city Law Section.

(2) Legal Consultation as referred to in Article 19 of the letter b is an application of input and advice delivered by the public and/or local government to be facilitated by the Ministry of Law of the Interior, the Bureau of Law Province, District Law/City Law.

(3) The staging of protests as referred to in Article 19 of the letter c is a legal form of explanation by the Law Bureau of the Ministry of Internal Affairs, the provincial Bureau of the Law of the province and the county/city Law Section to the protesters.

(4) Non-Litigation's treatment as referred to in verse (1) to verse (3) can be exercised alone or together with the Ministry of Home Affairs, local government and the related SKPD.

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Second Part Paragraph

Legal complaint Article 21

(1) The handling of legal complaint written to the Ministry of the Interior regarding the government of the provincial government and the county/city, done by the Legal Bureau of the Ministry of Internal Affairs.

(2) The handling of legal complaint by the Law Bureau of the Ministry of Internal Affairs as referred to paragraph (1) includes: a. study and provide legal consideration studies

regarding the object of legal complaint; b. setting up an answer for a legal complaint; and c. send a letter of notice or reprimand to

the governor and the regent/mayor who contains the order to facilitate or resolve the issue with its release to the parties.

(3) The Law Bureau of the Ministry of Internal Affairs in addressing the complaint of the law as referred to in paragraph (2) is coordinating with the unit of work units in the Ministry of the Interior, Ministry/Institute and Government related area

Article 22 (1) The handling of the legal complaint is delivered written

to the provincial government related to the municipal/municipal government, conducted by the provincial Law Bureau.

(2) The handling of legal complaint by the provincial Law Bureau as referred to in paragraph (1) includes: a. study and provide legal consideration studies

regarding the object of legal complaint; b. setting up an answer for a legal complaint; and c. send a letter of notice or reprimand to

the mayor/mayor containing the order to facilitate or resolve the issue with its release to the parties. concerned.

(3) The provincial law bureau in dealing with legal complaint as referred to in paragraph (2) is coordinating with the Law Bureau of the Ministry of Internal Affairs and the related unit of device area of the province.

Article 23 (1) Handling written law enforcement in writing

to the government The district/city area is related to the county/city government, conducted by the county/city Law Section.

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(2) The handling of legal complaint by the district/city Law Bureau as referred to in paragraph (1) includes: a. study and provide legal consideration studies

regarding the object of legal complaint; b. setting up an answer to a legal complaint; and c. send a letter of notice or reprimand to

The related SKPD containing the order to facilitate or resolve the issue with its release to the parties. concerned.

(3) The jurisdiction of the county/city Law in dealing with legal complaint as referred to in paragraph (1) is coordinating with the provincial Law Bureau and the related district/city SKPD.

Second Part Second paragraph

Consulting Law of Section 24

(1) The handling of the legal consultation as referred to in Article 19 letters b to the Ministry of the Interior, conducted by the Law Bureau of the Ministry of Internal Affairs.

(2) The Legal Bureau of the Ministry of Internal Affairs in the handle of legal consultation as referred to in paragraph (2) is coordinating with the unit of work units in the Ministry of the Interior and related agencies.

Article 25 (1) The handling of legal consultation to the provincial regional government,

is carried out by the provincial Law Bureau. (2) The provincial government bureau of law in dealing with consultation

the law as referred to in paragraph (1) is coordinating with the related provincial SKPD.

Article 26 (1) Handling of legal consultation to local governments

district/city, done by the county/city Law Section. (2) The jurisdiction of the county/city district government in its handling

legal consultation as referred to in paragraph (1) coordinates with the district/related city SKPD.

Second Section Third paragraph

Handhandling of Section 27

(1) The demonstration handling as referred to in Article 19 of the letter c at the Ministry of the Interior is carried out by units of work units in the Ministry of Interior environment whose task and function

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related to legal problems encountered by protesters and assisted by the Ministry of Interior Law.

(2) Handling protests in the province were carried out by the SKPD provincial task force and the function related to legal problems delivered by the protesters and assisted by the provincial Law Bureau.

(3) The staging of protests in the county/city local government is carried out by the SKPD district/city whose task and function With regard to the laws of the law, and by the law of the law, -District/City.

Article 28 The handling of the rallies as referred to in Article 27 includes: a. receive the protesters and listen to related aspirations

the expected demands; b. ask for a demonstration coordinator representative to deliver

the demands by carrying out the meeting; c. notify the concerned that the demands must be

delivered in writing to the Minister or the Chief of the Regional contains at least about the subject matter of the subject matter by attaching the associated data;

d. carry out the study/study and legal considerations regarding the demands; and

e. prepared an answer in the completion of the expected demands. BAB III

COACHING AND SUPERVISION Article 29

(1) The Minister conducts the coaching and supervision of the treatment of the case to the local government.

(2) The governor conducts coaching and oversight in the execution of handling The matter to the government of the county/city.

(3) The Regent/The Mayor conducts coaching and oversight in the execution of the case handling of his territory.

(4) Coaching and Oversight as referred to in paragraph (1) is exercised by the Secretary General.

(5) Coaching as in paragraph (1) up to the paragraph (4) may be performed in the form of technical guidance, semiloka, counseling, meeting of coordination and dissemination of legal information and laws.

(6) Surveillance as referred to in paragraph (1) up to paragraph (4) may be performed in the form of advocacy, monitoring, monitoring of the case and monitoring of the trial

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CHAPTER IV REPORTING

Section 30 (1) Reporting handling of matters in the Interior Ministry environment

The country and local governments are delivered to the Minister through the Secretary General.

(2) Reporting The handling of the provincial and county/city government's environment is delivered to the Governor.

(3) The reporting of case handling in the county municipal government/city environment is delivered to the Regent/Mayor.

(4) The reporting of the case handling as referred to in paragraph (1) to the paragraph (3) is delivered in April, August and December.

BAB V

FUNDING Article 31

All costs are required in the implementation of matters handling in the Ministry of Internal Affairs, the Province and the District/City are charged on: a. State Revenue and State Shopping Budget; b. Provincial Regional Revenue and Shopping Budget; c. Revenue and Shopping Budget/City Area; and d. Other legal and non-binding sources.

BAB VI

provisions ELSEWHERE Article 32

In addition to the Legal Bureau of the Ministry of Internal Affairs, the Bureau of Provincial Law and the City District Law Section, State Attorney Attorney can perform the handling State data and business governance

BAB VII CLOSING provisions

Article 33 of the Minister's Ordinance comes into effect on the date of the promulctable.

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For everyone to know it, ordering the Minister of the Ordinance by its placement in the News of the Republic of Indonesia.

Specified in Jakarta on February 7, 2014. THE INTERIOR MINISTER OF THE REPUBLIC OF INDONESIA, GAMAWAN FAUZI

PROMULRED IN JAKARTA ON 13 FEBRUARY 2014, THE REPUBLIC OF INDONESIA ' S LAW AND HUMAN RIGHTS MINISTER, AMIR SYAMSUDIN

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