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STATE NEWS
REPUBLIC OF INDONESIA
| No. 870, 2013 | THE MINISTRY OF LAW AND HUMAN RIGHTS. Legal aid. -Terms. Tata Cara. Dana's channing. Rules of Execution. |
RULES OF THE MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA
No. 22 YEAR 2013
ABOUT
GOVERNMENT REGULATION REGULATION NUMBER 42
2013 ABOUT THE TERMS AND CONDITIONS OF THE GIVING
LEGAL ASSISTANCE AND THE COPYING OF LEGAL AID FUNDS
BY THE GRACE OF THE ALMIGHTY GOD
MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,
Weighing: that to implement the provisions of Article 17, Section 23 of the paragraph (4), Section 29 of the paragraph (2), and Article 31 of the paragraph (3)Government Regulation No. 42 of 2013 on the Terms and Conditions of the Legal Aid and Presentation of the Legal Aid Fund, need to establish the Rule of the Minister of Law and Human Rights on the Regulation of Implementing Government Regulation Number 42 of 2013 on the Terms and Conditions of the Legal Aid and Granting of Legal Aid Fund;
Given: 1. Law No. 39 of 2008 concerning the Ministry of State (Sheet of State of the Republic of Indonesia 2008 No. 166, Additional leaf of the Republic of Indonesia Indonesia Number 4916);
2. Law No. 16 Year 2011 on Legal Assistance (State Gazette 2011 Number 104, Additional Sheet State Republic Indonesia Number 5248);
3. Government Regulation No. 42 Year 2013 on the Terms and Conditions of the Giving and Surrender of the Legal Aid Fund (State Sheet of 2013 No. 98, Additional Sheet of State of Indonesia No. 5421);
4. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended last by the Presidential Regulation Number 91 of 2011 on the Third Amendment to the Presidential Regulation No. 47 Year 2009 on the Establishment and Organization of the Ministry of State (State of the Republic of Indonesia in 2011 Number 141);
5. Presidential Regulation No. 24 Year 2010 on Occupation, Duty, and Functions of the Ministry of State as well as Susunan Organization, Duty, and Functions of Eselon I Ministry of State as it has been several times amended last with Presidential Regulation Number 38 2013 on the Third Amendment to the Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, Duty, and Functions of the Ministry of State (of the Republic of Indonesia in 2013) Number 90);
6. Regulation of the Minister of Law and Human Rights Number M. HH-05.OT.01.01 of 2010 on the Organization and Work of the Ministry of Law and Human Rights of the Republic of Indonesia (News of the Republic of Indonesia 2010 Number 676);
DECIDED:
establish: Law of the Minister of Law and Human Rights on the Regulation of the Law of Government Regulation No. 42 of 2013 on the terms and conditions of the granting of legal assistance and the distribution of legal aid funds.
BAB I
UMUM PROVISIONS
Section 1
In Regulation of this Minister referred to:
1. Legal Aid Standards are the guidelines for the implementation of legal aid prescribed by the Minister.
2. Legal Aid is a legal service provided by the legal aid provider for free to the recipient of the legal aid.
3. Legal Aid is a Legal Aid institution or a correctional organization that provides Legal Aid services.
4. Legal Help recipients are the people or groups of the poor.
5. Executing Legal Aid is an advocate of the status of the Legal Aid and/or an advocate, paralegal, lecturer, and/or law school student who is recruited by the Help of Legal Aid.
6. The Regional Supervising Committee is the committee that carries out the supervision of the granting of Legal Assistance in accordance with the provisions of the laws.
7. The Regional Office is the district office of the Ministry of Law and Human Rights.
Article 2
Standard Legal Aid includes:
a. Legal Assistance Standards of litigation;
b. Non-litigation Legal Assistance Standards;
c. Legal Assistance Managing standard;
D. standard Legal Assistance grant; and
e. Budget management reporting standards.
BAB II
STANDARD LITIGATION ASSISTANCE STANDARD
The Kesatu section
Common
Section 3
Standard litigation Help Standards include Legal Aid standards for the case:
a. criminal;
B. data; and
c. governance of the country.
Section 4
Granting the Legal Assistance of litigation is conducted by an advocate of the status of the Legal Aid and/or an advocate who is recruited by the Help of Legal Aid in accordance with the provisions of the laws.
Second Part
The Legal Assistance Standards for the Criminal Perkara
Section 5
(1) Legal Assistance Recipients in criminal case consist of:
a. suspects; and/or
B. the defendant.
(2) Legal Aid in providing Legal Aid for criminal cases starts from stages:
a. inquiry;
B. prosecution and examination in court hearings; and/or
c. legal efforts.
(3) Legal assistance as referred to in paragraph (2) includes:
a. create a letter of power;
B. doing a case degree to get input;
c. inspect and make the entire completeness of the documents relating to the process of inquiry, prosecution, and/or examination at the court hearing;
D. Perform assistance at the inquiry stage, prosecution, and/or examination at the court hearing;
e. make exceptions, duplicates, and pledoi to the benefit of the Legal Help Recipients;
f. presenting witnesses and/or experts;
G. conduct an appeals law, cassation, and review effort in accordance with the request of the Legal Assistance Recipient; and/or
h. make other documents necessary.
Third Part
The Legal Help Standards for the Perdata Perkara
Section 6
Licensee's Legal Help in the data case consists of:
a. plaintiff; or
B. defendants.
Section 7
(1) The legal assistance provided to the plaintiff as referred to in Article 6 of the letter a includes:
a. create a letter of power;
B. Event title in the Legal Help environment;
c. make the letter of the lawsuit;
D. examine the entire completeness of the document with respect to proceedings at the court hearing;
e. registering a lawsuit to a state court;
f. accompanying and representing the Legal Assistance Recipients at th stance in the litigation and nonlitigation process.
BAB IV
LEGAL AID EXECUTOR STANDARD
The Kesatu section
Advocates
Section 26
To be able to provide Legal Help, advocates must be eligible:
a. registered on one of the accredited Legal Aid;
B. not currently serving a temporary termination penalty for the violation of a code of conduct substantiate with a letter of description from the parent organization; and
C. is not serving a penalty for violation of basic budget, household budgets and/or internal regulations, as evidenced by a statement letter from the Legal Aid.
Second Section
Paralegal
Section 27
To be able to provide Legal Help, paralegals must be eligible:
a. registered on one of the accredited Legal Aid;
B. has followed proven paralegal training with a paralegal training certificate organized by:
1. Legal Assistance:
2. college;
3. The public non-governmental agency that provides Legal Assistance; or
4. Government agencies that exercise its functions in the field of law.
c. submit and comply with the code of conduct of the Paralegal Legal Aid Ministry made by the Legal Help of the paralegal where the paralegal is registered.
Third Part
Dosen
Section 28
To be able to provide Legal Help, lecturers must be eligible:
a. listed on one of the accredited Legal Aid; and
B. a bachelor's degree in law teaching on the faculty of law or the faculty of sharia.
Fourth Quarter
Student
Section 29
To be able to provide Legal Help, students must be eligible:
a. registered on one of the accredited Legal Aid;
B. are a student of the law faculty or the faculty of sharia as evidenced by a student sign card that is still in effect;
c. have passed the law of the criminal event, the laws of the civil events, and/or the laws of the country ' s business order events as evidenced by the photocopy of the value transcript that has been legalized; and
D. has followed proven paralegal training with a paralegal training certificate organized by:
1. Legal Assistance:
2. college;
3. The public non-governmental agency that provides Legal Assistance; or
4. Government agencies that exercise its functions in the field of law.
BAB V
LEGAL AID GRANTING STANDARDS
The Parts Of The Part
A Legal Help Request
Section 30
(1) The Request For Legal Assistance is submitted in writing by the candidate Receiver Legal Assistance to the Law Assist by filling out the form provided by the Legal Aid.
(2) The Legal Assistance Request as referred to in paragraph (1) at least contains:
a. The Legal Help applicant's identity; and
B. A brief description of the subject matter which is in demand for Legal Aid.
(3) The Request Of Legal Assistance as referred to in paragraph (1) must be delivered by the prospective Legal Assistance Recipient directly to the Legal Aid office on a work day and work hours.
(4) In the case of the candidate the Legal Aid is unable to come directly to the Legal Aid office, the request for Legal Assistance as referred to in paragraph (2) may be delivered by the family or other parties by attaching a letter to the Law. Power.
Section 31
(1) The Legal Assistance Request as referred to in Article 30, must attach:
a. photocopy of the Population Card or other documents issued by the authorized instance;
B. poor certificate of lurah, village head, or other name in the residence of the Legal Aid applicant; and
c. documents relating to matters.
(2) Documents regarding the case as referred to in paragraph (1) letter c in accordance with the process of the event process under the provisions of the laws.
(3) In the case of the Legal Aid Applicant has no identity, the Legal Aid helps the Legal Aid applicant in obtaining a temporary address letter letter and/or other documents from the institution authorized by the domicile Legal Aid Providers.
(4) A provisional address letter and/or other document as referred to in verse (3) must be known by lurah, the head of the village, or any other name in the residence of the Legal Aid.
Section 32
(1) Legal Aid performing an examination of the Law for Assistance as referred to in Article 30 by listening to the description and analysing the documents provided by the candidate for the Legal Aid.
(2) Legal Aid after conducting an analysis as referred to in paragraph (1) provides an explanation of the legal matters and risks that may be faced with the Legal Aid Recipient.
Article 33
(1) Legal Assistance provides the decision to grant or reject the request of the Legal Aid in the longest term of 3 (three) days from the date the application is submitted by the candidate for the recipient of the Legal Aid.
(2) The decision of rejecting the Legal Aid request as referred to in paragraph (1) must be based on reason:
a. not in accordance with the vision and mission of Legal Assistance;
B. requirements to receive Legal Help are not met; and
c. In case of data, more material losses than the cost of solving the case.
(3) In the event of a Legal Aid refusing a plea, the candidate for the Exemption Recipient of the Law may submit an objection to the Regional Supervising Committee.
Second Part
Implementation of Legal Assistance in the Handling Case
Section 34
(1) In providing Legal Assistance, the Legal Assistance is required to announce the following:
a. basic law;
B. service hours;
c. personalia and organizational structure; and
D. Service type.
(2) The mandatory Legal Aid provides the officer competent and provides an adequate means of service.
Section 35
(1) Legal Assistance may only provide Legal Assistance to 1 (one) party for 1 (one) case, except for mediation.
(2) In the event of a Legal Aid provided in 1 (one) case there are more than 1 (one) parties, the Legal Aid is required to provide information or referral to another Law A which is an inseparable part of the Regulation of this Minister.
Section of the Eleventh
Legal Documentation
Article 25
(1) The mandatory Legal Aid documents the holding of Legal Aid.
(2) The documentation of the holding of Legal Assistance as referred to in paragraph (1) is done by compiling the following:
a. The rules of the negotiations; and
B. Legal documents that have been issued by the Help of Legal Assi keeping:
a. journal;
B. great book; and
c. Budget credit surveillance book.
(2) The report as referred to in paragraph (1) is generated from the budget management reporting system and the performance of the Law Assistance issued and managed by the Minister.
(3) In the case of the budget management reporting system and the performance of Legal Assistance as referred to in paragraph (2) are not yet available, the Legal Aid compiled and delivered the Legal Help program budget management report. manual to the Panitia Area Supervisor.
(4) The budget management report form as referred to in paragraph (3) is listed in the Attachment which is an inseparable part of this Minister's Regulation.
Section 48
(1) The Regional Supervising Committee examines the budget management report of the Legal Aid program.
(2) The results of the report examination as referred to in paragraph (1) are delivered to the Minister in the most prolonged period of 10 (ten) working days from the date of the receipt of the report.
BAB VIII
MONITORING AND EVALUATION
Section 49
(1) The minister conducts monitoring against the implementation of the granting of Legal Aid.
(2) Monitoring as referred to in paragraph (1) is performed periodically and incidentally.
(3) Monitoring as specified in paragraph (1) is performed against:
a. the application of the standard of litigation and nonlitigation Law Assistance;
B. the application of the standard application for the Legal Aid and the Legal Help Receiver; and
(c) IBM may not use any of the following:
(4) Monitoring of the implementation of Legal Assistance in the area is carried out by the Regional Office.
Section 50
(1) The Law Assistance is required to submit a report on the implementation of the Law Assist activities to the Minister.
(2) The report as referred to in paragraph (1) is delivered to the Minister in the slowest term of 15 December year running by stews to the Head of the Regional Office.
Section 51
(1) The Minister conducts an evaluation of the implementation of Legal Aid activities.
(2) The evaluation as referred to in paragraph (1) is performed against:
a. the application of the standard of litigation and nonlitigation Law Assistance;
B. the application of the standard application for the Legal Aid and the Legal Help Receiver; and
(c) IBM may not use any of the following:
(3) Evaluation of the execution of Legal Aid activities as referred to in paragraph (1) is conducted to assess the attainment of the implementation of the Legal Aid activities performed by the Law Assistance Assist.
BAB IX
CLOSING PROVISIONS
Section 52
The rules of the Minister are starting to apply at the date of the promulctest.
For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.
Specified in Jakarta
on June 20, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
It is promulred in Jakarta
on 27 June 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
Attachment:
bn870-2013
itigation include:
a. evidence handling evidence;
B. the payment of the expense;
c. Financial report handling case; and
D. Documentation.
(2) The proof of case handler as referred to in paragraph (1) of the letter a for the criminal case is adjusted to the examination stage of the case:
a. letter of power;
B. evidence and supporting witnesses as a suspect or a defendant;
c. legal opinion (legal opinion);
D. exception or objection;
e. pledoi or defense;
f. duplicate;
G. memory appeal or counter memory appeal;
h. the memory of the cassation or the counter memory of the cassation; and/or
i. memory of the review or counter of review memory.
(3) The evidence handling of the case as referred to in paragraph (1) of the letter a for the data case is adjusted to the examination stage of the case:
a. letter of power;
B. the legal opinion (legal opinion);
C. somasi;
D. suit or answer the lawsuit;
e. the mediation offering or the answer;
f. Exceptions or replics;
G. conclusions;
h. memory appeal or counter memory appeal;
i. the memory of the cassation or the counter memory of the cassation; and/or
J. Review memory/counter review memory.
(4) The evidence handling of the case as referred to in paragraph (1) of the letter a for the country's business order is adjusted to the examination stage of the case:
a. letter of power;
B. the legal opinion (legal opinion);
C. somasi;
D. suit or answer the lawsuit;
e. Exceptions or replics;
f. conclusions;
G. memory appeal or counter memory appeal;
h. the memory of the cassation or the counter memory of the cassation; and/or
i. memory of the review or counter of review memory.
Article 44
The legal documents required as referred to in Section 42 of the paragraph (2) for the Help of non-litigation include:
a. letter of power;
B. the legal opinion
(legal opinion);
c. reporting or complaint;
D. somasi or reprimand;
e. letter hearing or audience;
f. the mediation offering; and
G. The peace deed.
Section 45
Ministers through the Head of the National Legal Coaching Board are diluting the budget handling of the case and/or activities after receiving a budget request from the Head of the Regional Office.
BAB VII
BUDGET MANAGEMENT REPORTING STANDARD
Section 46
(1) Legal Assistance delivers a report on the budget management of the Legal Assistance program to the Minister through its quarterly, quarterly, and annual Head of Legal Coaching Bodies.
(2) The Legal Assistance budget management report as referred to in paragraph (1) is the form of financial responsibility and performance over the management of the implementation of Legal Assistance, which is derived from the Revenue Budget. and State Shopping or any other authorized source.
(3) The report as referred to in paragraph (1) consists of:
a. Legal Assistance budget realization report;
B. the financial position report of the Legal Assistance program;
c. performance performance of the Legal Assistance implementation; and
D. Records of the IBM Kenexa Help Center for the IBM Kenexa Help
Article 47
(1) The drafting of the Legal Assistance program budget management report by using the least accounting book
