Regulation Of The Minister Of Law And Human Rights The Number 23 By 2013

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 23 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51e60e9480ad54313233383536.html

BN 859-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 859, 2013 the MINISTRY OF LAW and human rights. Ministry. The Communications Society. The National Plan Of Action. Ham. The guidelines.

REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA NUMBER 23 by 2013 on the GUIDELINES of the MINISTRY OF COMMUNICATION of the PUBLIC NATIONAL PLAN of ACTION FOR HUMAN RIGHTS with the GRACE of GOD ALMIGHTY the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, Considering: a. that the Ministry of communications of the Community plan of action for human rights is the national Government's efforts to resolve the alleged human rights violations either communicated or not/has not been communicated;
b. that the equation to create unity of perception and follow up Committee in the national plan of action for human rights in addressing community needs to be communication guidelines communication community services national plan of action for human rights;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of law and human rights about the guidelines of the Ministry of Communications Society National Plan of action for human rights;
Remember: 1. 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 of Indonesia Number 4916);
2. Presidential regulation Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation Number 91 in 2011 about the third Change of top presidential regulation Number 47 in 2009 about the formation and Organization of the Ministry of State (State Gazette of the Republic of Indonesia Number 141 in 2011);
3. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as it has several times changed the last presidential regulation Number 92 in 2011 about the second amendment above presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministry of State (State Gazette of the Republic of Indonesia in 2011 Number 142);
4. Presidential regulation Number 23 in 2011 about the national action plan on human rights Indonesia in 2011-2014;
5. Regulation of the Minister of law and human rights the number m. HH-05. OT 01:01 of 2010. about the Organization and the Work of the Ministry of law and human rights Republic Indonesia (Republic Indonesia in 2010 Number 676);
Decide: define: REGULATION of the MINISTER of LAW and HUMAN RIGHTS ABOUT the GUIDELINES of the MINISTRY OF COMMUNICATIONS SOCIETY NATIONAL PLAN of ACTION FOR HUMAN RIGHTS.
CHAPTER I GENERAL PROVISIONS article 1 In this Regulation, the Minister is: 1. The national plan of action on Human Rights hereinafter abbreviated RANHAM was drafted action plans as guidelines for the implementation of respect, promotion, fulfillment, protection and enforcement of human rights in Indonesia.
2. The Organizing Committee is RANHAM RANHAM RANHAM Committee of national, provincial, and district/city RANHAM Committee.
3. The Ministry of communication of the Society hereafter referred to Yankomas is the awarding of services to society about the existence of the alleged human rights problems are communicated or not/have not been communicated by a person or group of people.
4. Communication is a report or a complaint filed by someone or a group of people who suspect a violation of human rights committed by a person, group of people, State authorities, and agencies/government agencies.
5. Better Messenger communications is a person or group of people who suspect a violation of human rights committed by a person, group of people, State authorities, and agencies/government agencies.
6. The Parties communicated is a person, group of people, State authorities, and agencies/government agency alleged to have committed any act violating human rights.
7. Coordination Letter is a letter addressed to the agencies allegedly violated human rights to ask for clarification.
8. Recommendation letter is a letter addressed to the superior instances because instances below did not follow up on Letters of coordination.
Article 2 (1) the scope of the Communication society is any act committed by a person, group of people, State authorities, and agencies/government agencies either intentional or not intentional or gross negligence which is against the law include the following: a. decrease;

b. the blocking;

c. limit; and/or d. revoke, human rights of a person or group of people that is guaranteed by law, and not get it or it is feared it will not gain the legal settlement is fair and correct in accordance with the provisions of the legislation.
(2) the provisions as referred to in paragraph (1) excluded against: a. a case which is in the process of law in the trial of first instance, appeal, or cassation level; and b. the severe human rights violations in accordance with the provisions of the legislation.
CHAPTER II HANDLING COMMUNICATION SOCIETY is considered part of the functions of the Committee for RANHAM article 3 RANHAM Committee (1) carry out a Yankomas that includes: a. communication is communicated; and b. Communications which are not/have not communicated.
(2) Yankomas that are not/not yet communicated as referred to in paragraph (1) letter b is a violation of human rights and the case-which is urgent.
Article 4 (1) of the Committee in the discharge of Yankomas handling RANHAM who communicated organizes functions: a. receive and follow up communications;

b. examines allegations of human rights violations; and c. perform coordination and provide recommendations.
RANHAM Committee (2) in carrying out the Yankomas handling is not/has not yet communicated organizes functions: a. identifying alleged violations of human rights;

b. examines allegations of human rights violations; and c. perform coordination and provide recommendations.
The second part Yankomas that communicated article 5 communication that can be communicated should be qualified: a. have the identity of the Messenger clear communication;

b. have a reason that can be accounted for;

c. load the human rights that allegedly has been infringed;

d. load the purpose of submission of the communication, facts, and data;

e. has no political motivation; and f. not use abusive language or contain words that are insulting to countries including the symbol of the State.
Article 6 (1) the communication referred to in article 5 may be submitted to the Committee for RANHAM are: a. directly; and b. not directly.
(2) the communication referred to in paragraph (1) letter a is directly delivered by Messenger communications to the Secretariat of the Committee for RANHAM, completing one form of communication and attaching supporting documents.
(3) the submission of the communication referred to in paragraph (2) may be filed by the victim or other party who know either directly or indirectly about the occurrence of the alleged violation of human rights.
(4) submission of an indirect Communication as referred to in article 6 paragraph (1) letter b with the use of: a. Letter;

b. facsimiles; or c. electronic mail, to the Secretariat of the Committee for RANHAM attaching supporting documents.
(5) the Format of the forms of communication are listed in Appendix I that is part an integral part of the regulation of the Minister.
Article 7 (1) of the Committee for Communication with the completeness check RANHAM supporting documents.
(2) in the event that there is still a lack of supporting documents, Committee for RANHAM notify in writing to the communications Messenger to complete supporting documents for a period of not longer than 30 (thirty) days counted from the date the notice is delivered.
(3) when the Messenger Communication does not complement the lack of supporting documents within the period referred to in subsection (2), Messenger Communication considered revoking its communication.
Article 8 (1) communications that have been examined by the Committee conducted a review of RANHAM.
(2) the study referred to in paragraph (1) to determine: a. the parties;

b. time, place, and chronological occurrence of alleged human rights violations;

c. human rights are infringed; and d. the agencies/government agency has the authority to resolve alleged violations of human rights.
(3) the study referred to in paragraph (2) should consider the legal aspects and human rights.
(4) the results of the study referred to in paragraph (3) contains advice and follow-up to the resolution of human rights violations.
Part three Yankomas that are not/have not Communicated article 9 (1) the Secretariat of the Committee in identifying suspected problems RANHAM human rights which are not/have not communicated.
(2) identification of the alleged problems of human rights as referred to in subsection (1) is carried out through collection of data/information derived from: a. the print and electronic media;

b. agency/government agencies, organizations, or members of the public; and/or c. observations directly to the location of the occurrence of the alleged violation of human rights.
Article 10 (1) the results of the identification of the alleged human rights violations that are not/not yet communicated conducted the study.
(2) the study referred to in paragraph (1) to determine: a. the parties;

b. time, place, and chronological occurrence of alleged human rights violations;

c. human rights are infringed; and d. the agencies/government agency has the authority to resolve alleged violations of human rights.

(3) the study referred to in paragraph (2) should consider the legal aspects and human rights.
(4) the results of the study referred to in paragraph (3) contains advice and follow-up to the resolution of human rights violations.
Article 11 (1) Coordination Letter composing RANHAM Committee based on the results of research communication, to encourage settlement of alleged violations of human rights.
(2) Coordination Letter referred to in subsection (1) prepared by the Chairman of the Committee or a designated officer RANHAM to handle Yankomas.
(3) Coordination Letter referred to in subsection (1) is addressed to institutions/government agencies suspected of violating human rights with copy to the Messenger communication.
Article 12 letter of Coordination referred to in article 11 to at least contain: a. alleged violations of human rights;
b. the name of the Office and/or name of agencies/government agency authorized to conduct the shield cover and the fulfilment of human rights; c. input for institutions/government agencies; and d. information request the resolution of alleged violations of human rights.

Article 13 (1) of the Committee for monitoring RANHAM Letter was submitted to the coordination of agencies/government agencies.
(2) in the case of agencies/government agency did not follow up on a letter that was delivered by the Coordination Committee for RANHAM Committee, delivered a letter RANHAM Coordination following I and II, the sequel.
(3) the letter following the Coordination referred to in paragraph (2) is submitted at regular intervals every 2 (two) months or adapted to the conditions and needs of each region.
Article 14 (1) in the case of agencies/government agency did not follow up the Letter with a letter to Coordination Coordination Committee II, successive RANHAM delivered a letter of recommendation.
(2) letters of recommendation as referred to in subsection (1) is addressed to the superior agency/government agencies.
Article 15 (1) letter of recommendation drafted by the Chairman of the Committee or a designated officer RANHAM to handle Yankomas.
(2) letters of recommendation as referred to in paragraph (1) contains at least: a. alleged violations of human rights;
b. the name of the Office and/or name of agencies/government agency authorized to conduct the shield cover and the fulfilment of human rights; c. input for the superior establishments/institutions of Government; and d. information request the resolution of alleged violations of human rights.
Article 16 (1) of the Committee for RANHAM monitoring recommendation letter has been delivered to the superior agency/government agencies concerned.
(2) in the event of employer establishments/institutions of the Government does not follow up on the recommendation letter was submitted by the Committee, the Committee delivered a RANHAM RANHAM recommendation letter following I and II, the sequel.
(3) letters of recommendation as referred to in the following paragraph (2) is submitted at regular intervals every 2 (two) months or adapted to the conditions and needs of each region.
Article 17 (1) in the event of employer establishments/institutions of the Government does not follow through on a recommendation letter up to successive letters of recommendation II, the organizers and the organizing Province RANHAM RANHAM Kabupaten/Kota RANHAM Committee reporting to the National.
(2) submit a report to the National Committee for RANHAM referred to in subsection (1) to the institutions/government agencies at the central level.
(3) in the event that the report referred to in subsection (2) there is no settlement, the National Committee for RANHAM reporting suspected violations of human rights to the President.
Article 18 handling flow mechanism or Yankomas listed in annex II which are part an integral part of the regulation of the Minister.

CHAPTER III REPORTING article 19 (1) mandatory RANHAM Committee drafting the report Yankomas.
(2) the preparation of the report referred to in subsection (1) done: a. one (1) year for the National Committee for RANHAM;

b. 6 (six) months for RANHAM Committee Province; and c. 6 (six) months for RANHAM Committee Kabupaten/Kota.
(3) the Format of the report of the Yankomas listed in Annex III which is an integral part of part of the regulation of the Minister.
Article 20 report of the Yankomas referred to in article 19 contained in the report and presented to RANHAM: a. the President no later than the end of March next year, the National Committee for RANHAM;
b. National RANHAM Committee and Governor at least August of runs and at the end of February next year, the Committee for RANHAM Province; and c. the Bupati/Walikota RANHAM Committee and the province no later than the end of July of the year goes on and at the end of January next year, the Committee for RANHAM Kabupaten/Kota.
CHAPTER IV CLOSING PROVISIONS Article 21 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on June 20, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Enacted in Jakarta on June 21, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn859-2013 fnFooter ();