Regulation Of The Minister Of Law And Human Rights The Number M. Hh-07-Kp. 05 The Year 2012 Year 2012

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor M.HH-07-KP.05.02 Tahun 2012 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51e9991bc0818d313233393032.html

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Back NEWS REPUBLIC of INDONESIA No. 271, 2012 REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA NUMBER m. HH-07. KP. 05 in 2012 ABOUT the CODE of ETHICS of CIVIL SERVANTS in the ENVIRONMENT of the MINISTRY OF LAW and HUMAN RIGHTS by the GRACE of GOD ALMIGHTY the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, Considering: that in order to implement the provisions of article 13 of the Government Regulation Number 42 in 2004 about coaching the soul of the Corps and the civil servant code of ethics, the need to set a regulation of the Minister of law and human rights about the code of ethics of civil servants in the environment of the Ministry of law and human rights;
Remember: 1. Act No. 8 of 1974 about Staffing issues (State Gazette of the Republic of Indonesia Number 55 in 1974, an additional Sheet of the Republic of Indonesia Number 3041) as amended by Act No. 43 of 1999 regarding the change in the law No. 8 of 1974 about Staffing issues (State Gazette of the Republic of Indonesia year 1999 Number 169, additional sheets of the Republic of Indonesia Number 3890);
2. 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);
3. Government Regulation Number 42 in 2004 about coaching the soul of the Corps and the code of conduct of CIVIL SERVANTS (State Gazette of the Republic of Indonesia Number 141 in 2004, an additional Sheet of the Republic of Indonesia Number 4416);
4. Government Regulation Number 53 in 2010 about the discipline of civil servants (State Gazette of the Republic of Indonesia Number 74 in 2010, an additional Sheet of the Republic of Indonesia Number 5135);
5. 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);
6. 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);
7. Regulation of the Minister of law and human rights the number M-01. PR. 19 in 2005 about the Organization of Work and the Regional Office of the Department of law and human rights Republic of Indonesia;
8. 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 CODE of ETHICS of CIVIL SERVANTS in the ENVIRONMENT of the MINISTRY OF LAW and human rights.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. a civil servant in the Ministry of environment law and human rights Officers are hereinafter referred to as the prospective civil servants and civil servant referred to in Act No. 8 of 1974 about Staffing issues as amended by Act No. 43 of 1999 regarding the change in the law No. 8 of 1974 about Staffing issues.
2. Code of ethics guidelines is the attitude, behavior, and deeds of good Employees in the exercise of his duties and his everyday life.
3. Assembly of the code of ethics is an nonstructural on instances of the Ministry of law and human rights who is in charge of conducting the enforcement implementation and resolve violations of the code of ethics committed by employees.
4. Violations of the code of conduct is any form of speech, writing, and/or conduct of an employee which is contrary to the code of ethics.
Article 2 of the code of ethics Employees aim to: a. optimize execution of the duties and functions in accordance with the provisions of the legislation;
b. increase the discipline both in the execution of the tasks as well as in social life, freedom, nation, and State; c. create an atmosphere and harmonious working environment and conducive; and d. improving work ethic, quality of work, and professional behavior.

CHAPTER II article 3 BASIC VALUES basic values that must be high esteem by an employee includes: a. devotion to God Almighty;
b. the loyalty and obedience to the Pancasila and the Constitution of the Republic of Indonesia in 1945; c. the spirit of nationalism;

d. give priority to the interests of the country above personal interests or groups;

e. adherence to laws and regulations;

f. respect for human rights;

g. not discriminatory;

h. professionalism, neutrality, and immoral high; and i. the spirit the soul of the Corps.

CHAPTER III of the ETHICS OFFICER of article 4 (1) in the performance of duties of limited and the daily life of every Employee is obligated to behave and are based on: a. the ethics in the State and the Organization of the Government;

b. ethics in freedom of Association;

c. ethics in society;

d. ethics in doing a service to the community;

e. ethics in doing coordination with law enforcement agencies;

f. ethics against fellow civil servant; and g. ethics towards yourself, as set forth in the regulations of the Minister.
(2) every Employee is obligated to comply with and carry out the ethics as referred to in paragraph (1).
Article 5 ethics in State and holding of the Government include the following: a. fully implement the Pancasila and the Constitution of the Republic of Indonesia in 1945; b. lift the dignity and the dignity of peoples and countries;
c. become adhesive and unifying the nation in the unitary State of the Republic of Indonesia;
d. comply with all applicable laws and regulations in carrying out the task;
e. accountable in exercising government stewardship a clean and authoritative;
f. responsive, open, honest, and accurate, as well as timely in carrying out each of the Government policies and programs;
g. use or take advantage of all the resources of the State efficiently and effectively; h. do not give false testimony or information which is not correct; and i. respect, promote, fulfill, protecting, and enforcing human rights in accordance with the provisions of the legislation.
Article 6 ethics in association include: a. carry out the duties and powers in accordance with the provisions of the legislation; b. keep the information confidential;

c. implement any policies that are set by the competent authority;

d. building a work ethic to improve organizational performance;
e. establish cooperation in cooperative with other related work units in order to achievement of goals; f. have the competence in the performance of duties;
g. wayward and disobedient towards operational procedures standards and objectives of work employees;
h. developing creative and innovative thinking in order to increase the performance of the Organization; i. quality improvement effort-oriented work;
j. being rational and equitable, transparent, and objective in carrying out tasks; k. perform professionally and responsibly; and b. does not perform acts that can pollute or degrade the image instance.
Article 7 ethics in society include the following: a. realizing the pattern simple life;
b. provides services with respect and empathy mannered selflessly and without the element of coercion;
c. providing services in a timely, appropriate, open, and fair and not discriminatory; d. responsiveness to the State of the environment of the community;
e. oriented to the improvement of the well-being of the community in carrying out the task; and f. not commit that could contaminate or degrade the dignity and the dignity of civil servants.
Article 8 Ethics in doing community service to include: a. giving priority to the interests of the community above personal interests or groups; b. does not seek personal benefit in any form;
c. provide information required in accordance with the provisions of Community legislation;
d. refused all rewards or promises of any kind can affect the execution of the assignment;
e. provide professional service, responsive, straightforward, open, timely, obey rules, and fair and not discriminatory; and f. open to any form of participation, support, and community supervision.
Article 9 Ethics in doing coordination with other law enforcement officers, comprising: a. honor and respect the equality of the profession: 1. establish cooperation responsibly; and 2. provide good service in accordance with the standard procedures of the Ministry that has been set. b. maintain the honor and authority of the profession: 1. be friendly and polite but assertive in enforcing rules; and 2. do not remove the speech or do any act which may be degrading myself or establishments.
Article 10 Ethics against fellow civil servants include: a. respect fellow civil servant who embraced a different religion or belief; b. maintain the unity and oneness of fellow civil servant;
c. respect among colleagues, either vertically or horizontally within a work unit, agency, or system; d. appreciate dissent;

e. upholds the dignity and the dignity of the civil servant;
f. maintain and establish a cooperative collaboration of fellow civil servant; and

g. embodies solidarity and soliditas all civil servants gathered in one container with a corps of officers of the Republic of Indonesia to fight for his rights.
Article 11 Ethics against yourself include: a. Frank and open and does not provide information that is not correct;

b. acted with great earnestness and sincerity;

c. avoiding conflicts of interest, group or faction;
d. initiative to improve the quality of the knowledge, abilities, skills, and attitudes; e. have a high fighting power;

f. maintain physical and spiritual health;

g. maintain wholeness and harmony family;

h. young, simple, clean, and polite;

i. do not do corruption, collusion, and nepotism;

j. not committing adultery, prostitution, and gambling;
k. do not use and/or distribute narcotic substances, psychotropic substances, and/or the like is incompatible with the provisions of regulation perundangan-undangan; and b. does not enter the place which can contaminate or degrade the dignity and the dignity of the employees, except by order of the Office.
CHAPTER IV ENFORCEMENT CODE of ETHICS article 12 (1) employees who do Breach the code of conduct and moral penalties.

(2) the moral Sanction as referred to in paragraph (1) be either: a. a statement are closed; or b. the statement publicly.
(3) moral sanctions as referred to in paragraph (1) be made in writing and acknowledged by officials of the Pembina Personnel.
(4) in granting moral sanctions as referred to in paragraph (2) should be mentioned the type of violation of the code of ethics committed by employees.
(5) officials of the Pembina Personnel can delegate his authority as referred to in paragraph (3) to other officials in the environment the lowest structural Echelon IV officials.
Article 13 (1) implicit Statement referred to in article 12 paragraph (2) letter a delivered by officials of the builders of the designated officials or Personnel in a confined space.
(2) a statement openly referred to in article 12 paragraph (2) letter b delivered through the forum's official meetings, ceremonial flag, mass media, or other forums.
Article 14 Employees who did Breach the code of conduct in addition to moral penalties referred to in article 12, paragraph (1) may be subject to administrative actions in accordance with the provisions of the regulations, upon the recommendation of the Assembly of a code of conduct.

Chapter V the ASSEMBLY CODE of CONDUCT Section I establishment of Article 15 (1) to enforce the code of conduct Tribunal established code of ethics.
(2) the code of conduct Tribunal as referred to in paragraph (1) established by the Builder of the staffing Officer.
(3) officials of the Pembina Personnel can delegate Assembly code of ethics to designated officials.
(4) the code of conduct Tribunal as referred to in paragraph (1) are ad hoc.
Article 16 Assembly code of ethics was formed no later than 7 (seven) working days since the complaint, findings, and report suspected violations of the code of conduct accepted by the constructor of the staffing Officer.

The second part of the membership makeup of article 17 (1) the composition of the membership of the Assembly code of conduct as stipulated in article 15 paragraph (1), consisting of: a. one (1) Chairman and members;

b. one (1) person Secretary and members; and c. at least 3 (three) members.
(2) in the case of members of the Assembly code of ethics is more than 5 (five) then the number of members must be odd.
Article 18 the position and rank of the members of the Assembly of a code of conduct should not be lower than the position and rank of the Officer who examined for allegedly violating the code of ethics.

The third part of the task of the Assembly code of ethics article 19 Assembly code of ethics is in charge of examining and taking a decision against the employee who allegedly violated the code of conduct after considering other evidence, witnesses, and the corresponding information in the Assembly code of ethics.

Article 20 (1) examination of Employees who are suspected of committing breach of code of ethics based on the complaint, findings, and reports.
(2) every complaint, findings, and/or reports from the public or employee against violations of the code of ethics, a review by the Tribunal of the code most 7 (seven) working days after the report is received. (3) the examination by the Assembly of the code done in closed.

Article 21 (1) Assembly code of ethics conduct in writing to Employees calling the alleged violation of the code of not longer than 7 (seven) working days before the date of the examination.
(2) if the Employee does not meet the calling of the examination referred to in subsection (1), the second calling in writing within 7 (seven) working days from the date of the supposed concerned checked at first calling.
(3) in the event that an employee does not meet the second calls without a valid reason, violates the code of conduct based on evidence and information that exist without examination.
(4) the Tribunal code of conduct recommends that employees who violate the code of conduct referred to in paragraph (3) moral penalties and/or administrative action in accordance with the provisions of the legislation.
Section 22 (1) of the code of conduct Tribunal took the decision after examining and giving a chance to defend themselves to the Officers who allegedly violated the code of ethics. (2) the decision of the Assembly of a code of conduct taken by a conversationally.
(3) in the case consensus discussion as referred to in paragraph (2) is not reached, a decision taken with the most votes.
(4) in terms of votes referred to in paragraph (3) is not reached, mandatory code of ethics Chairman of the Tribunal decision.
(5) the Tribunal code of ethics must make a decision no later than 30 (thirty) days since the formation of the Assembly code of ethics. (6) the decision of the Assembly of the code of conduct is final.

Article 23 (1) of the code of conduct Tribunal obligated to convey the decision of the Council of the results of the Assembly Code to the constructor of the staffing Officer or officer designated as an ingredient in providing a moral sanction to the Employees concerned.
(2) in case the decision of the Council of the results of the code of conduct Tribunal finds indication of violation of the provisions of laws and regulations governing the discipline of civil servants, the Assembly conveyed the recommendations of the code to the constructor of the staffing Officer or officers who are appointed to conduct a further examination in accordance with the provisions of the legislation.
(3) the decision of the Council of the results of the Assembly code of Ethics referred to in subsection (1) and paragraph (2) report inspection results poured in Assembly Code.
(4) the decision of the Council of the results of the Assembly code of ethics must be presented to officials of the builders of the Staffing officers designated as referred to in paragraph (1) and paragraph (2), the longest 10 (ten) days from the date of the decision of the Council of the results of the Assembly code of ethics.
(5) If upon inspection of the Assembly code of ethics, employees suspected of committing violations of the code of conduct is proven innocent, the code of conduct Tribunal delivered a notice in writing to the Employee's direct supervisor is concerned most 10 (ten) days from the date of the decision of the Council of the results of the Assembly code of ethics.
CHAPTER VI CLOSING PROVISIONS Article 24 at the time of this ministerial regulation came into force, Legislation governing the code of conduct in the environment of the Ministry of law and human rights is declared to remain valid throughout does not conflict with the regulations of the Minister.

Article 25 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 February 28, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Enacted in Jakarta on March 6, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();