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Number 10 State Police Regulations By 2013

Original Language Title: Peraturan Kepolisian Negara Nomor 10 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 983, 2013 POLICING. It's a setup. It's a felony. Elections. Tata Cara.


THE RULE OF THE STATE POLICE DEPARTMENT OF INDONESIA
No. 10 YEAR 2013
ABOUT
ORDER THE MANNER OF THE CRIMINAL SELECTION OF THE MEMBER ELECTIONS
THE PEOPLE ' S REPRESENTATIVE COUNCIL, THE REGIONAL REPRESENTATIVE COUNCIL, AND
THE REGIONAL PEOPLE ' S REPRESENTATIVE COUNCIL
BY THE GRACE OF THE ALMIGHTY GOD
HEADS OF STATE POLICE OF THE REPUBLIC OF INDONESIA,


Weigh: a.  that a professional criminal investigation is required in the general election of the members of the House of Representatives, the Regional Representative Council and the Regional People's Representative Council directly, general, free, secret, honest and fair as the embodiment of the House of Representatives. the sovereignty of the people to produce an aspirational representative of the people, qualified and responsible based on Pancasila and the Constitution of the State of the Republic of Indonesia in 1945;
B.  that Regulation of the Chief of the State of the Republic of Indonesia No. 8 of 2008 on the Tata Way of Investigation of the Election Criminal Election Members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council needed to be carried out. alignment with Act Number 8 of the Year 2012 about the General Election of the Members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council so it needs to be replaced;
c. that under consideration as referred to in the letter a and letter b, need to establish the Rule of the State Police Chief of the Republic of Indonesia on the Way of the Investigator of the General Election Members of the People's Representative Council, the Council Regional Representative and Regional People's Representative Council;

Given: 1.  Law No. 2 of 2002 on the State Police of the Republic of Indonesia (State of the Republic of Indonesia 2002 No. 2, Additional Gazette of the Republic of Indonesia Number 4168);
2. Act Number 8 of the Year 2012 concerning the General Election of the Members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council (Global Gazette 2012) Number 117, Additional Gazette of the Republic of Indonesia Number 5316);
3. Presidential Decree No. 52 Year 2010 on Susunan Organization and the Working Tata of the State of the Republic of Indonesia;

DECIDED:


establish: REGULATIONS OF THE HEAD OF STATE POLICE OF THE REPUBLIC OF INDONESIA ON THE MANNER OF THE INVESTIGATION OF THE GENERAL ELECTION OF REPRESENTATIVES OF THE PEOPLE 'S REPRESENTATIVE COUNCIL, THE REGIONAL REPRESENTATIVE COUNCIL, AND THE REGIONAL PEOPLE' S REPRESENTATIVE COUNCIL.

BAB I
UMUM PROVISIONS

Section 1

In this Capolri Regulation referred to by:
One. General elections, subsequently called Elections are the means of the exercise of the sovereignty of the people exercised directly, general, free, secret, honest and fair in the State of the Republic of Indonesia based on Pancasila and the Basic Law of the State Republic of Indonesia in 1945.
Two. Election Members of the People's Representative Council, House of Representatives, and the Regional People's Representative Council are Elections to elect members of the People's Representative Council, the Regional Representative Council, the Provincial Regional Representative Council and the People's Representative Council. District/City of the Republic of Indonesia Union under Pancasila and the Constitution of the State of the Republic of Indonesia in 1945.
Three. The House of Representatives, later abbreviated to the House of Representatives, is the People's Representative Council as referred to in the Constitution of the Republic of Indonesia in 1945.
Four. The Regional Representative Council, later abbreviated to DPD, is the Regional Representative Council as referred to in the Basic Law of the Republic of Indonesia in 1945.
Five. The Regional People's Representative Council (DPRD) is the provincial Regional People's Representative Council and the District/City Regional People's Representative Council/City as referred to in the Basic Law of the Republic of Indonesia in 1945.
Six. The organizers of the Election are the governing body of the Election Commission and the Board of the Supervising Board of Elections as a single function of the election function to elect a member of the House of Representatives, the Regional Representative Council. The House of Representatives of the Regions, the President and the Vice President directly by the people, as well as to elect the Governor, the Regent, and the Mayor democratically.
Seven. The Election Act is the Act No. 8 of 2012 on the General Election of the Members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council.
Eight. The Electoral Commission, later abbreviated as KPU, is a national, permanent, and independent electoral organization responsible for implementing the elections.
Nine. The Provincial Electoral Commission, later abbreviated as KPU Province, is an election organizer in charge of conducting elections in the Province.
Ten. The District/City Elections Commission, later abbreviated as KPU Regency/Kota is an Election organizer in charge of conducting elections in the District/City.
11. The Election Supervising Agency, subsequently called Bawaslu, is an organization of election organizers, which is responsible for overseeing the elections throughout the Republic of Indonesia.
Twelve. The Provincial Election Supervising Board, subsequently called Bawaslu Province, is a body formed by Bawaslu, who is in charge of overseeing the elections in the province.
Thirteen. The District/City Election Supervising Committee, next called Panwaslu Regency/City is a committee formed by the Bawaslu Province which is in charge of supervising the establishment of Elections in the District/City.
14. The Committee of the Supervising Board of Elections, then called Panwaslu Subdistrict is a committee formed by the Panwaslu Regency/City which is responsible for overseeing the elections in the District or other names.
15. Field Election Supervisors are officers formed by Panwaslu District who are in charge of supervising the elections in the village or any other name/Kelurahan.
-16. The Superintendent of Foreign Elections is an officer formed by Bawaslu who is in charge of overseeing the elections abroad.
17. The findings are the findings of the supervision results of Bawaslu, Bawaslu Province, Panwaslu District/City, Panwaslu District, Field Election Supervisor and overseas election supervisor about data or information that Panwaslu directly or indirectly not directly over the alleged violations of the presidential election of the President and the Vice President.
18. It is the person who has the right to report on the case of alleged violations of the House of Representatives, the DPD, and the DPRD, which is made up of Indonesian citizens who have the right to vote, election monitoring, and/or Election Participant.
Nineteen. The violation of the Election Administration is a violation of the rules, procedures, and mechanisms related to the administration of the Election of Elections in each stage of the Election of Elections outside of the Electoral College and the violation of the code of conduct Election organizers.
Twenty. An election criminal is a criminal offence and/or crimes against the provisions of the criminal election as set out in the Act No. 8 of 2012.
21. The investigation is a series of investigative actions in terms of and according to the manner set in the Act to seek and gather evidence, which with the evidence makes light of a criminal offense and to find a suspect.
22. The investigator is the Acting Police Officer who is authorized specifically by the legislation to conduct the Investigations.
23. The Election Organizing Honor Council, later abbreviated as DKPP, is an agency responsible for addressing the violations of the Election Organizing ethics code and is a single function of the electoral function of the Election.
24.Sentra Enforcement Integrated Law which is next called Sentra Gakkumdu is a forum formed with the members of Bawaslu, the State Police of the Republic of Indonesia, and the Attorney General of the Republic of Indonesia, in order to smooth it out Settlement of the criminal election.

Article 2

The purpose of this Kapolri Regulation:
a.to be used as a guideline for Investigators in carrying out Election Criminal Investigations;
b. Investigators have a perception equation and a unity of conduct in dealing with the Electoral Criminal; and
His c.iform Investigator of Criminal Investigation is on time, procedural, proportional, professional and tuntas.

Article 3

Principles in this Kapolri Regulation:
a.legality, i.e., the Investigations of Criminal Justice Elections are always under the provisions of the laws of the laws;
The legal certainty, the Investigator of the Criminal Election Committee is made to ensure the pressure of law and justice;
c.interest of the General Election, the Election Commission must first precede the general interest;
d.regularity, i.e., the Investigations of the Election Criminal Code are conducted through cooperation, coordination and synergy between the elements involved in each activity;
e.accountability, which is the Investigator of the Electoral Criminal Election can be held accountable;
f.transparent, the Investigator of the Criminal Election is done publicly for the interested party; and
g.effectiveness and efficiency, that is in the Investigations of the Criminal Election Code taking into account the balance between the results achieved by the process, time, means, and the budget used.

BAB II
VIOLATIONS AND ELECTORAL DISPUTES
The Kesatu section
Election violation

Section 4

Form of election violation, including:
a.violation of the electoral code of conduct;
b.violation of the Election administration; and
c. Criminal Election.

Section 5

A violation of the Election organizer's code of conduct as referred to in Article 4 of the letter a violation of the ethics of the Election of the Election Organizing the oath and/or the promise before the run of the duties as the organizer of the Election The solution is done through the DKPP.

Section 6

The violation of the Election administration as referred to in Article 4 of the letter b constitutes a violation covering the procedures, procedures, and mechanisms relating to the administration of the Election of Elections in any stage of the Election of the Election in the United States. The election and violation of the electoral code of conduct. The elections are conducted by the KPU, the Provincial Commission, and the District/City Commission.

Section 7

(1) The Election Criminal Code as referred to in Section 4 of the letter c, in the case of:
A.customer; and
It's a crime.
(2) Election Crimes offences referred to in paragraph (1) of the letter a, covering the provisions set forth in Section 273, Section 274, Section 275, Section 277, Section 278, Section 279, Section 279, Section 281, Section 281, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, 283, Article 284, Article 285, Article 286, Article 287, Article 288, Article 288, Section 289, Article 290 and Section 291 of the Act No. 8 of 2012.
(3) Election Crimes Crimes as referred to in paragraph (1) letter b includes the provisions set forth in Section 292, Section 293, Section 294, Section 296, Section 296, Section 297, Section 297, Section 298, Section 299, Section 300, Section 301, Section 302, Section 302, Section 294, Section 294, Section 294, Section 294, Section 296, Section 301, Article 303, Article 304, Article 305, Section 306, Section 307, Section 308, Section 309, Section 310, Section 311, Section 312, Article 313, Article 314, Section 315, Section 317, section 317, section 318, section 318, Section 319, Section 319, Section 320 and Article 321 of Number 8 of 2012.
(4) Elements Of Election Criminal as referred to in verse (2) and verse (3) are listed in the attachment “A ” which are inseparable from this Regulation.

Second Part
Election dispute

Section 8

Forms of Election disputes, including:
a.electoral dispute;
b.Electoral dispute of state elections; and
c.disputes of the election results.

Section 9

The election dispute as referred to in Article 8 of the letter a, is the dispute between the election participants and the dispute over the Election participants with Election organizers as a result of the decision of the KPU, the Provincial Commission, and the KPU. District/City whose completion is carried out by Bawaslu, Bawaslu Province, Panwaslu Regency/City, Panwaslu District, Field Election Supervisor, and Foreign Election supervisor.

Article 10

Election governance disputes as referred to in Article 8 of the letter b, are disputes arising in the field of electoral governance between prospective members of the House, DPD, DPRD Province, DPRD County/City, or the political party of candidate candidates Elections with KPU, Provincial KPU, and KPU Regency/City as a result of the decision of the KPU, Provincial KPU, and the Regency/City KPU which the settlement is conducted through the High Court of State Tata Enterprises.

Section 11

The election result of the election as referred to in Article 8 of the letter c, is a dispute between the KPU and the election participants regarding the national election results, the resolution being made by the Court of Justice. Constitution.

BAB III
THE INVESTIGATION OF THE ELECTION CRIMINAL
The Kesatu section
The activity

Section 12

(1) The form of activities in the Election of the Election Criminal Proceedings as follows:
A.Investigator commencement notice;
b.exposure;
C.antidote;
d.extortionist;
E.penggeledahan;
f.s.ween;
G.completion of the case file;
h.submission of case files to the General Prosecuts;
The surrender of the suspect and the evidence; and
The termination of the Commission.
(2) The Election Commission of the Election Criminal Act as referred to in paragraph (1) is exercised by the Investigator according to the Commission of Inquiry's order.

Second Part
The plan

Section 13

The Investigator plan by the Investigator is created by determining:
a.The Investigator target;
b.designated personnel;
c.cara acting;
d.time to be used; and
e.Control of the Investigator.

Section 14

(1) The process of determining the Investigator's objectives as referred to in Article 13 of the letter a, includes the designation:
The person who is expected to do;
b.deed of Election Crimes is a violation of and/or a crime;
the c.elements of the section to be applied; and
The d.Ks.
(2) Personnel who are appointed Investigators as referred to in Article 13 of the letter b, by forming an Investigator team that has competence and integrity.
(3) The manner of acting Inquiry as referred to in Article 13 of the letter c includes the technical and the Investigations procedure.
(4) The inspection time as referred to in Article 13 of the d with following the provisions of the laws.
(5) The Investigative Control as referred to in Article 13 of the letter e includes:
A.a. The investigation administration setup with the script layout;
b.setup of the Investigative Control book that contains among others:
1.composition of the Investigations ' execution schedule; and
2.manufacture of reports of execution and results of investigative activities and case settlement data.

Section 15

The Investigator's plan as referred to in Article 13, created by the Investigator before the inspection of the Inquiry, is submitted to the Investigator's superiors.

Third Part
Organizing

Section 16

(1) Organizing the Investigator resource, including:
A.Investigator personnel;
b.means and pre-means;
C.statutes and software; and
D.budget.
(2) The organizing of the resource as referred to in paragraph (1) is exercised by the Criminal Reserse function.

Article 17

Investigator's personnel as referred to in Article 16 of the paragraph (1) letter a, with the requirement:
a.duty on the Criminal Reserse function;
b.moral is good and has integrity;
c.ulet and full of responsibility;
d.understanding and control laws relating to the holding of Elections;
e.e.has the ability and experience in the field of Investigations and proficient in matters of affairs and master of the administration of Inquiry; and
f.has followed the Investigator training.

Section 18

Means and pre-means as referred to in Section 16 of the paragraph (1) letter b, by using the means and pre-means available on the Criminal Reserse function.

Article 19

The rules and software as referred to in Section 16 of the paragraph (1) letter c, by using the laws.

Article 20

The budget as referred to in Article 16 of paragraph (1) letter d, by using a special budget and/or available on the Criminal Reserse function.

Fourth Quarter
Execution

Section 21

(1) Polri received the application of the Report/findings of the Election Criminal Elections from Bawaslu, Bawaslu Province, Panwaslu Regency/City, and the Supervising of Foreign Elections.
(2) The acceptance of the report ' s forwarding as referred to in paragraph (1), is noted in its own Polri register book with the Police Report number following the register already in Standby Barescream Polri/Sentra Integrated Police Service (SPKT).
(3) The report as referred to in paragraph (1) is delivered in writing, at the very least loading:
A.id identity;
b.name and address reported;
The time and place of the crime scene;
d.d.description of events;
e.saksi; and
Evidence.

Section 22

(1) The handling of the Election Criminal Code report is conducted with the steps as follows:
A.After receiving a report from Bawaslu, Bawaslu Province, Panwaslu District/City, Panwaslu District, Regents of Field Elections and Supervising Foreign Elections in accordance with the work area, Sentra Gakkumdu conducted the research, covering:
1.completion of the report administration, among others:
a) the validity of reports among other formats used, signatures, stamps, numbering time dates;
b) the Election Supervising authority forwarding the report; and
c) clarity of writing/typing.
2.materi/report contents, including:
a) contains clearly the identity and address of the por, witness, suspect, venue, time, Genesis Perkara Site (crime scene) and data about the evidence items; and
b) containing the description of the incident and explaining the elements of the Election Criminal Code in accordance with the reported events.
b.after administration of the administration and report material meets the criminal element, the report may be accepted and recorded in the case register and to Bawaslu/Panwaslu is given the Report Reception Letter.
When based on the results of the research, the report is not yet complete or is not an authority of the Election or Supervising Board of Elections or does not meet the criminal element, then it is returned to Bawaslu/Panwaslu, by providing reason and explanation written on the return of the report and recorded in the register book; and
The accepted report, as referred to in the letter c, was immediately handed over to the Team of Investigators of the Election.
(2) Election Criminal Investigator, after studying and discussing the received report, immediately determining the reported form of Election Criminal Code, which is reported to be:
A.violation of the provisions of the criminal conduct as set out in Section 273 to Section 291 of the Act No. 8 of the Year 2012; and/or
b.crime against the provisions of the criminal acts as set out in Article 292 to Article 321 of the Law No. 8 of 2012.
(3) In the case of a joint election of the Criminal Election with another criminal act, the investigation is conducted by the preface of the Election Criminal Act conducted by the Election Crime Team, while another criminal offence is mistreated by the criminal justice of the election. The Risk Investigators outside of the Investigative Team of the Election are in accordance with the Criminal Event Law with a separate release/splitzing.

Section 23

(1) Implementation of the Election Criminal Proceedings of the Election and the submission of the case file is done under the provisions of the Election Act with regard to matters as follows:
In carrying out the summoning and examination of the witness or suspect, must pay attention to the speed and timeliness factor, among other active visits to the witnesses and suspects and conducting checks on the premises;
If the situation is not possible due to the security and impact factors incurred, against the suspect in the Election Criminal Law, there is no need for detention;
The C.c.to the agility of the Investigator process in order to coordinate with the elements Criminal Justice System (CJS) local and before the Election is attempted to have a joint agreement between the CJS elements on the mechanism and procedure of handling Election Crimes;
d.goods evidence placed on a specific place/special storage of evidence of election criminal offences;
E.e.to expedite the investigation process, in order for the Investigators to take Article 184 of the Criminal Code on legal evidence; and
f.for the lateness of the witness examination and the suspect, before the examination is done, the Investigator prepares the questions according to the delicated delicency of the elements.
(2) The completion and submission of the case file, executed as follows:
a. Investigator completed and delivered the results of the Investigator accompanied by the case file to the most recent General Charge 14 (fourteen) days since receiving reports from Bawaslu, Panwaslu Province and Panwaslu Regency/Kota;
In the event of the result of the inspection it was not complete, in the longest of three days, the General Prosecut returned the file to the Investigator with instructions to be equipped; and
c. 3 (3) days from the date of receipt of the case file, must have relayed the case file to the Public Prosecuts.

Fifth Part
Control

Section 24

(1) Control of the Investigations of the Election Crimes is conducted from the receipt of the report, the drafting of the Investigations, Investigations, Oppressors, checks up to the completion and the submission of the case files to the Attorney General.
(2) The control of the Inquiry as referred to in paragraph (1), is performed in a single level according to the authority.

Sixth Part
Supervision

Section 25

Supervision is performed by:
a. Head of the Bureau of Broadcast Surveillance (Karo Wasfingerprints) Polri Barescream at the level of the Polri Mabes;
b. Head of the Broadcast Surveillance Section (Wasfingerprint Director) Ditreskrimum on the Polda level; and
c. Head of Affairs Operational Coaching (Kaurbinopsnal) Satrescream at the Polres level.

BAB IV
ADMINISTRATION

Section 26

(1) The Election Administration of the Criminal Court of Elections is the founder and all the completeness of the legislation in the Investigations process of the Penal Criminal Election are on the cover of the case file and the contents of the case file includes:
A.pencatatan;
b.pelas;
C.pendataan;
d.archiving; and
The documentation.
(2) The content of the case file as referred to in paragraph (1), includes:
A.cover of case files;
b.list of contents;
The police c.report;
d.administration of Inquiry;
e.news show/resume;
f.news event any Investigator/Investigator action helper;
bear g.list;
h.list of suspects;
The list of evidence items; and
Attachments (administrative/administrative files of the Election watchdog).
(3) The form and format of the Election of the Election Criminal Investigation as referred to in verse (1) are listed in the attachment “B ” which are inseparable from this Regulation.

BAB V
CLOSING PROVISIONS

Section 27

At the time this rule is in effect, the Kapolri Regulation Number 8 of 2008 on the Tata Investigative Manner of the General Election Members of the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council, was repealed and declared not applicable.

Section 28

This Kapolri Regulation is entered into effect on the date of the promullar.
So that everyone knows it, order the invitational of this Kapolri Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on July 31, 2013
STATE POLICE CHIEF OF THE REPUBLIC OF INDONESIA,



Drs. EAST PRADOPO
THE POLICE GENERAL.


It is promulred in Jakarta
on 6 August 2013
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,



AMIR SYAMSUDIN





Attachment: bn983-2013