Key Benefits:
(5) The parties submit a list of the names of the leaders and members of the delegation who will attend the sessions. Next mediation.
(6) The parties agree that the number of delegates, names the leadership and member of the delegation should not change and cannot be replaced until the entire mediation process is completed.
(7) Mediator and Comedidiators are required to give a perforated time-slow 14 (fourteen) business days after the meeting the first time to the parties to be able to complete the necessary documents.
Article 11
The Mediation Subcommission is required to monitor the entire pre-mediation process
BAB IV
Stage Mediation
Article 12
(1) The entire mediation process is done in a closed, unless otherwise specified by The parties and/or the Komnas of human rights.
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(2) Mediator and Komediators are required to determine the parties ' agreed mediation meetings.
(3) Mediation may be held in one of the offices of the Comnas of Human Rights, or in the Office of the Representative Komnas HAM or elsewhere agreed upon by the parties and the Mediator as well as the Komediators.
(4) The mediation process includes the following steps:
a. The introduction and development of trust among the parties;
b. Fact identifications and problem restrictions;
c. alternate identifications of the solution;
d. negotiate a wide range of the parties ' issues and the decision-making of the negotiations;
e. Clarification of dispute resolution;
f. the formulation of the legal document as a result of the deal;
g. implementation of the agreement.
(5) During the mediation process the parties may be accompanied by legal power and/or companion.
(6) If deemed necessary, the Mediator and Comedidiators may conduct the caucus.
(7) Mediator and Comedidiators encourage the parties to browse and dig up their interests and seek out the best possible completion options for the parties.
(8) With the final result the deal or disagreement, the mediation process takes place the most 120 (100) days of work since the first meeting Or the parties agree.
Article 13
At the consent of the parties or legal power and/or chaperones, Mediators and Comediators may invite one or more experts in a particular field to provide an explanation or considerations that may help the parties in resolving differences.
Article 14
(1) If mediation results in a deal, the parties with the help of the Mediator and the Komediators are required to formulate in writing the agreement reached, and it is signed by the parties as well as being confirmed by the Mediator or the Comedian of the got the power of the Mediator.
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(2) Prior to the parties signing a deal, Mediator and/or Commenators are required to examine the written agreement material to avoid any agreement contrary to the law.
(3) Mediator and/or Komediators may request the help of a person or more legal expert to perform a written deal material check as referred to in verse (2).
(4) The written agreement as referred to in paragraph (1) is the legally binding mediation decision.
(5) The mediator is required to write in writing when the mediation process does not result in a deal, and subsequently Mediators advise the parties to pursue other legal endeavors, and/or submit recommendations to the Government, and/or to the People's Representative Council of the Republic of Indonesia.
(6) Mediator's advice and recommendations as intended on verse (5) is performed in the framework of protection, fulfillment, submission and respect human rights.
Article 15
The Mediation Subcommission is required to monitor the entire mediation process
BAB V
Post mediation
pasal16
(1) The mediators are obliged to submit and register the original decision sheet or copy Authentic mediation decision to the Panitera of the local State Court.
(2) If mediation decisions are not executed by any of the parties in the term specified in the mediation decision, then the other party may ask for it. Local State Court for the decision to be declared can be implemented (fiat execution) with the recurrence of the phrase "Demi Justice Based on the Almighty God".
(3) The request of the execution fiat to the State Court as referred to in paragraph (2) is performed by Mediator.
(4) The Court cannot rejected the request as referred to in paragraph (3).
(5) If the parties continue to not carry out the decisions that have been declared to be exercised by the court, the court is required to carry out the decision.
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Article 17
The Mediation Subcommission is required to monitor the entire post-mediation process
Article 18
A third party that feels aggrieved by the mediation decision undertaken by Komnas HAM can submit suit by trial.
BAB VI
Charges
Article 19
(1) The entire charge used by Mediator and/or Commisdidiators and/or Mediation Subcommittees is charged to the Human Rights Commission which is sourced from the Revenue Budget and State Shopping.
(2) The entire cost of expert services is borne by the Komnas HAM by using funds State Revenue and Shopping Budget.
BAB VII
Others
Article 20
(1) The entire administrative and management process of mediation conducted by Comnas HAM is coordinated by the Mediation Subcommission.
(2) In the case of the Mediation activities performed by Member of Human Rights and Staff Comnas HAM outside the Subcommission Mediation before the passage of the Mediation Hosting guidelines, then the entire process document and deed of the deal the parties must be submitted to Subcommission Mediation at least 3 (3) months after the Mediation Hosting Guidelines set.
(3) Other things that have not been set up in this regulation will be further set up by the decision of the plenary Session of Human Rights and or the Mediation Subcommission Meeting
BAB VIII
provisions CLOSURE
Article 21
The rules are starting to apply at a set date.
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For everyone to know, ordering the invitational of the Regulation of the National Commission on Human Rights by its placement in the News of the Republic of Indonesia.
Set in Jakarta On the 01 October 2008
NATIONAL COMMISSION OF HUMAN RIGHTS
CHAIRMAN,
IFDHAL EUNUCH
UNDRASED in Jakarta On 8 October 2012
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,
AMIR SYAMSUDDIN
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(2) Against the Decision of the Plenary Session as referred to in paragraph (1), the Mediation Subcommission is reviewing it by forming a mediation team to perform the case review.
(3) If the results of the team's repressions The mediation, as referred to in paragraph (2) concludes that the case mandated by the Plenary Session cannot proceed with the mediation process, the team convees the recommendation of it in writing to the plenary