Regulation Of The Minister Of The Interior No. 12 By 2014

Original Language Title: Peraturan Menteri Dalam Negeri Nomor 12 Tahun 2014

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BN 214-2014. doc REPUBLIC INDONESIA No. 214, 2014 KEMENDAGRI. Things. Handling. Guidelines of the MINISTER of the INTERIOR of the REPUBLIC of INDONESIA REGULATION of the MINISTER of the INTERIOR No. 12 by 2014 ABOUT GUIDELINES for CASE HANDLING in the ENVIRONMENT MINISTRY of the INTERIOR and LOCAL GOVERNMENT with the GRACE of GOD ALMIGHTY INTERIOR MINISTER of the REPUBLIC of INDONESIA, Considering: a. that in order to realize the order and uniformity in the handling of environmental matters in the Ministry of the Interior and local government, need manual handling of case; b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of Internal Affairs of the Republic of Indonesia concerning the guidelines for case Handling in the Environment Ministry of the Interior and local government; Remember: 1. Act No. 14 of 1985 on the Supreme Court (State Gazette of the Republic of Indonesia Number 73 in 1985, additional sheets of the Republic of Indonesia Number 3316) as amended several times with Act No. 3 of 2009 about second amendment Act No. 2 of 1986 on the Supreme Court (State Gazette of the Republic of www.djpp.kemenkumham.go.id 2014, no. 214 2 Indonesia in 2009 number 3 Additional Sheets, the Republic of Indonesia Number 4958); 2 Act No. 2 of 1986 on Public Justice (State Gazette of the Republic of Indonesia Number 20 in 1986, an additional Sheet of the Republic of Indonesia Number 3327) as amended several times with Act No. 49 of 2009 about second amendment Act No. 2 of 1986 on Public Justice (State Gazette of the Republic of Indonesia Number 158 in 2009, an additional Sheet of the Republic of Indonesia Number 5077); 3. Act No. 5 of 1986 on The Judiciary of the State (State Gazette of the Republic of Indonesia Number 77 in 1986, an additional Sheet of the Republic of Indonesia Number 3344) as amended several times with Act No. 51 in 2009 about the second amendment in the law No. 5 of 1986 on The Judiciary of the State (State Gazette of the Republic of Indonesia Number 160 in 2009, an additional Sheet of the Republic of Indonesia Number 5334); 4. Act No. 24 of 2003 on the Constitutional Court (State Gazette of the Republic of Indonesia Number 98 in 2003, an additional Sheet of the Republic of Indonesia Number 4316) as amended several times with the replacement Government Regulations Act No. 1 2013 second amendment of Act No. 24 of 2003 on the Constitutional Court (State Gazette of the Republic of Indonesia Number 167 by 2013, an additional Sheet of the Republic of Indonesia Number 5482); 5. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 160) as amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Year 2008-2014 www.djpp.kemenkumham.go.id, no. 214 3 Number 59, an additional Sheet of the Republic Indonesia 4844); 6. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic Indonesia 4916); 7. Act No. 14 of 2008 about the openness of public information (State Gazette of the Republic of Indonesia Number 61 in 2008, an additional Sheet of the Republic Indonesia 4846); 8. Regulation of the Minister of Home Affairs Number 41 in 2010 about the Organization of Work and the Ministry of the Interior (Republic Indonesia in 2011 Number 317) as amended by regulation of the Minister of the Interior No. 14 in 2011 about the changes to the regulation of the Minister of Home Affairs Number 41 in 2010 about the Organization of Work and the Ministry of the Interior (Republic Indonesia in 2011 Number 168); Decide: Define: REGULATION Of The MINISTER Of INTERNAL AFFAIRS ABOUT The HANDLING Of The MATTER In The ENVIRONMENTAL GUIDELINES Of The MINISTRY Of The INTERIOR And LOCAL GOVERNMENT. CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Local Government is the Governor, or Mayor, Governor and other areas as the organizer of the local governance 2. Civil servants who subsequently abbreviated PNS is prospective CIVIL SERVANTS and CIVIL SERVANT Ministry of the Interior, the provincial government, and the Government district/city. 3. The matter is a legal issue resolved through litigation and/or non litigation. 4. Litigation settlement that legal issues are addressed and resolved through the courts. 5. Non Litigation is the settlement of legal issues are addressed and resolved outside the courts. 6. Criminal cases are criminal charges faced by 2014, www.djpp.kemenkumham.go.id and CPNS No. 214 4 CIVIL SERVANTS at the Environment Ministry of the Interior and local government in relation to the implementation of limited. 7. Work Unit Device area which is hereinafter referred to as the helper element is SEGWAY's head area in local governance. 8. the Minister is the Minister of governmental affairs wing in the country. Article 2 (1) Handling lawsuits in the Environment Ministry of the Interior carried out the law firm. (2) Handling lawsuits in the province implemented the provincial law firm. (3) Handling lawsuits in executed district/city environment Part of the law district/city diwilayahnya. CHAPTER II article 3 LAWSUIT Legal Matters referred to in article 2 include the following: a. the litigation; and b. the non litigation. Part I Chapter 4 Litigation Litigation referred to in article 3 a, consisting of: a. test the objective law; b. test material regulations under the Act; c. civil matters; d. criminal cases; e. the State of things; f. dispute the authority of State institutions that those powers given by the Constitution of the Republic of Indonesia in 1945; and g. Other matters in the judicial Bodies. Article 5 (1) of the test material Handling the legislation referred to in article 4 of the letter a and dispute the authority of State institutions that those powers given by the Constitution of the Republic of Indonesia in 1945 as referred to in article 4 letter f, in doing in the Constitutional Court. (2) the handling of Test material regulations under the laws referred to in article 4, letter b is done in the Supreme Court. 2014 www.djpp.kemenkumham.go.id, no. 214 5 (3) Handling the civil suit as referred to in article 4 of the letter c, carried out at the level of: a. the District Court; b. Court of appeal; and c. the Supreme Court. (4) criminal cases referred to in article 5, letter d is carried out at the level of: a. the District Court; b. Court of appeal; and c. the Supreme Court. (5) handling of the lawsuit the State as referred to in article 4 of the letter e, carried out at the level of: a. the Court of The State; b. the State Administrative High Court; and c. the Supreme Court. (6) handling of matters in other courts as stipulated in article 4 of the letter g in the Judiciary Commission of public information, Ajudikasi, arbitration, CHOCOLATE, taxes, Industrial relations and institutions who examined, adjudicate and disconnect the lawsuit. Article 6 (1) of the Legal Bureau of the Ministry of the Interior, the law firm the province and district/city legal department handles the matter as referred to in article 4. (2) the legal Bureau of the Ministry of the Interior in dealing with the case shall coordinate with the work Unit Ministry of the Interior, ministries/agencies and local governments. (3) a provincial law firm handling the case shall coordinate with the Legal Bureau of the Ministry of Internal Affairs, Legal Department and district/city SKPD related. (4) the legal district/city in dealing with the case shall coordinate with the Provincial law firm, SEGWAY-related and law firm Ministry of the Interior. One Paragraph is considered part of the handling of Test Material laws and Dispute the authority of State institutions are those powers conferred by the Basic Law of the State in 1945, article 7 (1) in the handling of Test Material laws and Dispute the authority of State institutions that those powers given by www.djpp.kemenkumham.go.id


2014, no. 214 6 the State Constitution of 1945, the legal Bureau of the Ministry of the Interior did, among others: a. Review/review the law against solicitation material test object and Dispute the authority of State institutions; b. the special power of attorney received a letter from the President to delivered and signed by the Minister; c. preparation of a description of Government and the written evidence; d. preparation of witnesses and/or expert at the trial; e. preparation of conclusions; and f. the trial in the Constitutional Court. (2) in conducting the activities referred to in paragraph (1) of the Legal Bureau of the Ministry of the Interior can coordinate with the work Unit Ministry of the Interior, ministries/agencies and local governments. Article 8 in the event that the local government is a party to the litigants in the Constitutional Court related to the testing laws, Disputes the authority Between State agencies and the completion of the results of the elections, the Interior Ministry's legal Bureau, provincial law firm and legal department district/city can provide accompaniment. Considered part of the second paragraph of the test Material and regulations Under the Act article 9 (1) of the Legal Bureau of the Ministry of the Interior in the handling of the application for the right of the test material and regulations under the act as mentioned in article 4 subparagraph b, among other activities: a. Review/review and consideration of the law against solicitation object; b. preparation of power of Attorney; and c. the preparation of answers and evidence. (2) in conducting the activities referred to in paragraph (1) of the Legal Bureau of the Ministry of the Interior can coordinate with the work Unit Ministry of the Interior, ministries/agencies and local governments. 2014 www.djpp.kemenkumham.go.id, no. 214 7 is considered Part of the third Paragraph of article 10 Civil Matter civil Matter as referred to in article 4 letter c conducted by: a. the Minister; b. Derah Head and/or the Deputy Head of the region; and c. CPNS PNS/Ministry of the Interior, the provincial and Kabupaten/Kota. Article 11 the legal Bureau of the Ministry of the Interior, the law firm the province and Kabupaten/Kota's Legal Department in handling civil litigation matters as referred to in article 10, do: a. review against the object of the suit; b. preparation of power of Attorney, the preparation of answers, duplik, evidence and witnesses, conclusions, the memory of the appeal/counter appeal, cassation memory memory/cons memory of Cassation and review memory/cons memory review; c. attending the trial in Pengadian country; d. delivering Memory Counter Memory/Appeals appeal to the High Court through the Court of first instance; and e. delivered Memory of Cassation/Cons Memory of Cassation, memory Review/Cons Memory Review to the Supreme Court through the Court of first instance. Part One of the fourth paragraph of the Criminal article 12 (1) the legal Bureau of the Ministry of the Interior can do mentoring in process of investigation and criminal investigation conducted by the Minister and CPNS PNS/Ministry of the Interior. (2) Mentoring as referred to in paragraph (1) be able to coordinate with the work unit Ministry of the Interior, ministries/agencies and local governments. Article 13 (1) of the provincial law firm doing mentoring in process of investigation and criminal investigation conducted by the Governor/Deputy Governor and CPNS PNS/province. (2) Facilitation of law as referred to in paragraph (1) coordinate with the Legal Bureau of the Ministry of Internal Affairs, Legal Department and district/city SKPD related. 2014 www.djpp.kemenkumham.go.id, no. 214 8 articles 14 (1) of the legal section of the district/city do mentoring in process of investigation and criminal investigation conducted by the Regent/Vice Regent, the Mayor/Deputy Mayor and CPNS PNS/district/city. (2) Facilitation of law as referred to in paragraph (1) coordinate with Provincial law firm, SEGWAY-related and law firm Ministry of the Interior. Article 3 Mentoring of law referred to in article 12, article 13, and article 14, provides an understanding of the law include, among others: a. on the rights and obligations of a witness in every stage of the examination; b. the provisions of the law of criminal procedure; c. regarding the criminal matter delik disangkakan; and d. other matters as it deems appropriate and related to the matter at hand. The fifth Paragraph is considered part of the Administrative Matters of the State Administrative Matters article 16 the State as referred to in article 4 letter e with regard to: a. the President; b. the decision of the Minister; c. the decision of the Governor; and d. decisions of the Bupati/Walikota article 17 the legal Bureau of the Ministry of the Interior, Bureau of the provincial Law and the law of Kabupaten/Kota in the handling of the lawsuit the State referred to in article 16 conduct, among others: a. Review/review against the object of the suit; b. attend the hearing at the Court of The State; c. prepare and convey the power of Attorney, answers, duplik, evidence, witnesses, conclusions; d. represent and appeal, delivered the Appeal/Counter Memory Memory Appeal; and e. States and filed a Cassation Appeal/Memory, Memory, memory of Cassation Cons Review/Cons Memory Review to the Supreme Court through the Court of first instance. 2014 www.djpp.kemenkumham.go.id, no. 214 of the sixth paragraph of Section 9 Union Matters in Other Judicial Bodies Article 18 the legal Bureau of the Ministry of the Interior, Bureau of the provincial Law and the law of Kabupaten/Kota in the handling of the matter in any other Judicial Body as referred to in article 4 of the letter g, performing, among others: a. Review/review against the object of the suit; b. preparation of documents and data; c. preparation of power of Attorney; and d. the Council which includes the process of jinawab and responsibility of proof; The second part of Non Litigation Litigation non litigation article 19 as stipulated in article 3 letter b, consisting of: a. the complaint the law; b. legal consultation; and c. handling protests. Article 20 (1) of the legal Complaints as referred to in article 7 letter a is a problem that is submitted by the community and/or local Government to be facilitated by the legal Bureau of the Ministry of the Interior, the law firm of legal Section of the province, kabupaten/kota. (2) legal Consultation as referred to in article 7 letter b is the solicitation of feedback and suggestions submitted by the community and/or local Government to be facilitated by the legal Bureau of the Ministry of the Interior, the law firm of legal Section of the province, kabupaten/kota. (3) handling of the rally as referred to in article 7 letter c is a form of legal clarification by the Legal Bureau of the Ministry of the Interior, the law firm areas of the province and is part of the law of kabupaten/kota to the protesters. (4) Handling on Non sebagaiman Litigation referred to in subsection (1) until subsection (3) can be implemented alone or together with the work Unit Ministry of the Interior, local authorities and the SEGWAY. 2014 www.djpp.kemenkumham.go.id, no. 214 of the second paragraph of Section 10 Complaint the Union Law Article 21 (1) of law Handling complaints submitted in writing to the Ministry of the Interior-related organization of the local governments of the provinces and kabupaten/kota, conducted by the law firm Ministry of the Interior. (2) the handling of complaints by the Interior Ministry's legal Bureau referred to in subsection (1) include the following: a. study and provide a legal considerations concerning the study of the object of the complaint; b. prepare the answers related to legal compliance; and c. submit the letter form of notification or rebuke to the Governor and the bupati/walikota which contains commands to facilitate or resolve problems with tembusannya to the parties concerned. (3) the legal Bureau of the Ministry of the Interior in dealing with legal complaints as referred to in paragraph (2) coordinate with the units of work units in the Ministry of the Interior, ministries/agencies and local Governments related to article 22 (1) of law Handling complaints submitted in writing to the provincial local government related organization of the district/city governments, conducted by the law firm. (2) the handling of complaints of law by the law firm the province referred to in subsection (1) include the following: a. study and provide a legal considerations concerning the study of the object of the complaint; b. prepare the answers related to legal compliance; and c. submit the letter form of notification or rebuke to the bupati/walikota contains commands to facilitate or resolve problems with tembusannya to the parties concerned. (3) a provincial law firm in dealing with legal complaints as referred to in paragraph (2) coordinate with the Legal Bureau of the Ministry of the Interior and the unit of work device related provinces. Article 23 (1) of law Handling complaints submitted in writing to the local government district/city government holding of related areas of kabupaten/kota, carried out by the legal section of the kabupaten/kota. www.djpp.kemenkumham.go.id


2014, no. 214 11 (2) of the legal complaint Handling by the law firm kabupaten/kota referred to in subsection (1) include the following: a. study and provide a legal considerations concerning the study of the object of the complaint; b. prepare the answers related to legal compliance; and c. submit the letter form of notification or rebuke to SEGWAY related that contains commands to facilitate or resolve problems with tembusannya to the parties concerned. (3) the law of kabupaten/kota in dealing with legal complaints as referred to in paragraph (1) coordinate with the law firm the province and district/city SKPD related. The second part of the second paragraph of article 24 of law Consultation (1) Handling legal consultation as referred to in article 7 letter b to the Ministry of the Interior, conducted by the law firm Ministry of the Interior. (2) the legal Bureau of the Ministry of the Interior in dealing with legal consultation as referred to in paragraph (2) coordinate with the units of work units in the Ministry of the Interior and related agencies. Article 25 (1) of the legal consultation to the Government Handling area of the province, conducted by the law firm. (2) the provincial local government law firm to handle the legal consultation as referred to in paragraph (1) coordinating with related provincial SEGWAY. Article 26 (1) of the legal consultation to the Government Handling area of kabupaten/kota, carried out by the legal section of the kabupaten/kota. (2) the local Government Law section of the district/city in handling legal consultation as referred to in paragraph (1) to coordinate with the district/city SKPD related. The second part of the third paragraph of article 27 Rally Handling (1) handling of the rally as referred to in article 7 letter c in the Ministry of the Interior carried out by units of the work units of the Ministry of internal affairs which tasks and functions www.djpp.kemenkumham.go.id 2014, no. 214 12 related to the legal issues faced by protesters and assisted by the legal Bureau of the Ministry of the Interior. (2) the handling of protests in the province conducted by SEGWAY province the duties and functions related to the legal issues that were presented by the protesters and was assisted by the law firm. (3) handling of the rally in the local government district/city performed by the district/city SKPD, duties and functions related to the legal issues that pass by protesters and assisted by the legal section of the kabupaten/kota. Article 28 Handling rallies as stipulated in article 27 include: a. receive the protesters and to listen to the aspirations of the related demands are expected; b. ask the representative of rally Coordinator to convey its demands with the carrying out of meetings; c. inform the concerned that demands to be delivered in writing to the Minister or the head of the Region that contains at least a brief description regarding the subject matter of the law by attaching related data; d. execute the study/review and consideration of the law regarding the demands; and e. prepare answers in settlement of claims expected. CHAPTER III SUPERVISION and COACHING of article 29 (1) the Minister is doing construction and supervision of the implementation of the handling of the matter to the local government. (2) the Governor doing construction and supervision in the implementation of the handling of the matter to the local government district/city. (3) the Bupati/Walikota doing construction and supervision in the implementation of the handling of the matter diwilayahnya. (4) guidance and Supervision as referred to in paragraph (1) was implemented by the Secretary-General. (5) the construction referred to in subsection (1) until subsection (4) may be made in the form of technical guidance, semiloka, outreach, meetings coordination and dissemination of legal information and laws and regulations. (6) the supervision referred to in subsection (1) until subsection (4) may be made in the form of advocacy, monitoring, monitoring of the handling of the matter and monitor the trial www.djpp.kemenkumham.go.id 2014, no. 214 13 REPORTING CHAPTER IV article 30 (1) Reporting of case handling in the Environment Ministry of the Interior and local Government submitted to the Minister through the Secretary-General. (2) reporting of environmental response at the regional Government of the province and kabupaten/kota was delivered to the Governor. (3) the reporting of case handling in the environment of local government districts/cities submitted to the Bupati/Walikota. (4) Reporting the handling of matters referred to in subsection (1) until subsection (3) delivered on every April, August and December. Chapter V FUNDING article 31 Any costs that are required in the implementation of case handling in the Environment Ministry of the Interior, the provincial and Kabupaten/Kota is charged to: a. Budget revenues and Expenditures of the State; b. income and Budget Shopping area of the province; c. income and Budget Shopping District/city; and d. other legitimate Sources and are not binding. CHAPTER VI MISCELLANEOUS PROVISIONS Article 32 others Besides the legal Bureau of the Ministry of the Interior, Bureau of the provincial Law and the law of the District of the City State's Attorney, the Prosecutor handling the case shall be able to perform both civil and administrative State CHAPTER VII PROVISIONS COVER Article 33 this Ministerial Regulation comes into force on the date of promulgation. 2014 www.djpp.kemenkumham.go.id, no. 214 14 so that everyone knows it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on February 7, 2014. MINISTER of INTERNAL AFFAIRS of the REPUBLIC of INDONESIA, GAMAWAN FAUZI Enacted in Jakarta on February 13, 2006 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id