Presidential Regulation Number 90 In 2012

Original Language Title: Peraturan Presiden Nomor 90 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f61b94c40bd03313232303535.html

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Back COUNTRY SHEET Republic of INDONESIA No. 220, 2012 RULES the PRESIDENT REPUBLIC of INDONESIA NUMBER 90 in 2012 ABOUT the INTELLIGENCE AGENCIES of COUNTRIES with the GRACE of GOD/the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 37 of the Act number 17 in 2011 about the Intelligence of the country, need to establish the Rule of the President of the country's intelligence agency;
Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945;
2. Law number 17 in 2011 about the Intelligence of the State (State Gazette of the Republic of Indonesia Number 105 in 2011, an additional Sheet of the Republic of Indonesia Number 5249);
Decide: define: REGULATION of the PRESIDENT of the COUNTRY'S INTELLIGENCE AGENCY.

CHAPTER I the POSITION, functions, duties, and powers of article 1 (1) of the State Intelligence Agency, hereafter abbreviated as BIN, is a tool of the country which hosts the Intelligence function within the country and abroad.
(2) BIN as mentioned in subsection (1) is at the bottom and is responsible to the President.
(3) the SON of a head.
Article 2 (1) BIN hosted a function investigation, safeguards, and collecting domestically and abroad.
(2) in addition to organizing the functions referred to in subsection (1), son of the State Intelligence coordinating function organizes.
Article 3 in the functions referred to in article 2, the BIN has a duty: a. do the assessment and preparation of the national policy in the field of Intelligence;

b. convey the Intelligence product as material considerations for determining Government policy;

c. perform Intelligence activities planning and execution;

d. make recommendations relating to the person and/or foreign institution;

e. give consideration, advice, and recommendations regarding the security of the Organization of the Government;

f. coordinate the intelligence organization of the State;

g. combining Intelligence products;

h. report on the Organization of State Intelligence Coordination to the President;

i. organize and coordinate national Chairman Security Intelligence; and j. carry out other duties in accordance with the provisions of the legislation.

Article 4 to carry out tasks referred to in article 3, the BIN is authorized: a. drafting plans and national policies in the field of Intelligence as a whole;
b. requesting material information to ministries, government agencies, nonkementerian and/or other institutions in accordance with their interests and priorities; c. perform Intelligence cooperation with other countries;
d. conduct wiretapping, examination of the flow of funds, and extracting the information in accordance with the provisions of the legislation; e. establish a task force;

f. coordinate policy in the field of Intelligence;

g. co-ordinate the implementation of Intelligence function to the organizers of the country's intelligence;

h. organize and set up the country's intelligence system;

i. classification of secret Intelligence; and j. foster the use of tools and materials intelligence.

CHAPTER II ORGANIZATION Part I article 5 BIN Organization consists of: a. BIN;

b. Deputy head BIN;

c. the Secretariat;

d. Deputy Foreign Intelligence;

e. Deputy for intelligence In the country;

f. Deputy Counter Intelligence Field;

g. Deputy Economic Intelligence;

h. Deputy Intelligence technology;

i. the Deputy communications and information;

j. Deputy Field analysis and production of Intelligence;

k. Main Inspectorate;

b. Staff Experts and political Ideology;

d. socio-cultural Field expert staff;

n. expert staff areas of law and human rights;

o. expert staff areas of Defense and security;

p. expert staff areas of natural resources and the environment;

q. Center; and r. intelligence agencies of countries in the region.

The second part of article 6 the head of BIN BIN is the BIN to hold the chairmanship of the functions and duties of the BIN.
The third section Deputy head BIN article 7 (1) the Deputy Head of the BIN is Chairman, has the task of assisting the head of BIN.

(2) Deputy Heads are accountable to the head of BIN BIN.

The fourth part of the main article 8 Secretariat (1) the main Secretariat is a helper element that is under the leadership of and responsible to the head of the BIN.

(2) The main Secretariat is headed by the Secretary.

Article 9 the Secretariat's main task of carrying out the coordination of implementation, coaching, and the granting of administrative support to all organizational units in the neighborhood BIN.

Article 10 in carrying out the tasks referred to in article 9, the secretariat hosted the Main functions: a. coordination of environmental activities in the BIN;

b. coordination and drafting of legislation and the granting of legal aid in the neighborhood BIN;

c. coordination and the preparation of plans and programmes of activities in the neighborhood BIN;
d. fostering and granting administrative support which include administration, personnel, finance, kerumahtanggaan, archive and documentation in the neighborhood BIN; e. guidance and organization of the Organization and governance, and cooperation;

f. Organization of management of property/wealth of the country; and g. the execution of other tasks given by the head of the BIN.

Part five Deputy Foreign Intelligence section 11 (1) Deputy for intelligence abroad, hereafter referred to as Deputy I, is implementing some elements of the duties and functions of the BIN in the field of intelligence operations abroad, which is at the bottom and are accountable to the head of the BIN.
(2) a Deputy I was led by the Deputy.
Article 12 Deputy I have the task of implementing the policy formulation and implementation activities and/or foreign intelligence operations.

Article 13 in carrying out the tasks referred to in article 12, Deputy I organise functions: a. the preparation of a plan of activities and/or intelligence operations abroad;

b. implementation of the activities and/or intelligence operations abroad;

c. pengoordinasian activity and/or intelligence operations abroad;

d. control activities and/or intelligence operations abroad;

e. implementation of Intelligence cooperation with intelligence agencies of other countries; and f. the Foreign Intelligence report preparation.

The sixth Deputy for intelligence In the country Article 14 (1) Deputy for intelligence In the country, then called Deputy II, is implementing some elements of the duties and functions of the BIN in the field of intelligence operations in the country, which is at the bottom and are accountable to the head of the BIN. (2) Deputy II led by deputies.

Article 15 the Deputy II had the task of implementing the policy formulation and implementation activities and/or domestic intelligence operations.

Article 16 in carrying out the tasks referred to in Article 15, the Deputy II organises functions: a. the preparation of a plan of activities and/or domestic intelligence operations;

b. implementation of the activities and/or domestic intelligence operations;

c. pengoordinasian activity and/or domestic intelligence operations;

d. control activities and/or domestic intelligence operations; and e. the preparation of intelligence reports in the country.

Part of the seven deputies of Counter Intelligence Field article 17 (1) deputies of Counter Intelligence Field, hereinafter referred to as the Deputy III, was implementing some elements of the duties and functions of the BIN in the field of counter intelligence, which is under and liable to Head BIN. (2) Deputy III led by deputies.

Article 18 Deputies III has the task of implementing the policy formulation and implementation activities and/or counter Intelligence operations.

Article 19 in carrying out the tasks referred to in Article 18, Deputy III organizes functions: a. the preparation of a plan of activities and/or the operation Counter Intelligence;

b. implementation of the activities and/or the operation Counter Intelligence;

c. detecting and identifying activities and/or intelligence operations outside parties;

d. pengoordinasian activities and/or the operation Counter Intelligence;

e. control activities and/or the operation Counter Intelligence;

f. making recommendations with regard to the person and/or foreign institution;

g. preparation of allotment of consideration, advice, and recommendations regarding the security of the Organization of the Government;

h. implementation of cooperation activities and/or counterinsurgency operations Intelligence with intelligence agencies in other countries; and i. the preparation of reports in the field of counter-terrorism intelligence.

The eighth section Deputy Economic Intelligence article 20 (1) the Deputy of Economic Intelligence, hereinafter referred to as the Deputy is implementing elements IV, some tasks and functions of the BIN of economic intelligence, which is under and liable to Head BIN. (2) the Deputy of IV is chaired by Deputy.

The Deputy chapter 21 IV have a job implementing the policy formulation and implementation activities and/or economic intelligence operations.

Section 22 in carrying out the tasks referred to in Article 21, the Deputy of IV organizes functions: a. the preparation of a plan of activities and/or economic intelligence operations;

b. implementation of the activities and/or economic intelligence operations;

c. pengoordinasian activity and/or economic intelligence operations;

d. control of activities and/or economic intelligence operations; and e. the Economic Intelligence report preparation.

Part the ninth Deputy Intelligence Technology Article 23 (1) Deputy for intelligence technology, hereinafter called the Deputy V, is implementing some elements of the duties and functions of the BIN for intelligence technology, which is at the bottom and are accountable to the head of the BIN. (2) Deputy chaired by Deputy V.
Article 24 Deputy V has the task of implementing the policy formulation and implementation activities and/or technological intelligence operations.

Article 25 in carrying out the tasks referred to in Article 24, Deputy V organizes functions: a. the preparation of a plan of activities and/or technological intelligence operations;

b. implementation of the activities and/or technological intelligence operations;

c. pengoordinasian activity and/or technological intelligence operations;

d. assessment and engineering technology Intelligence;

e. control activities and/or technological intelligence operations; and


f. Technology Intelligence report preparation.

The tenth section Deputy communications and Information Article 26 (1) Deputy communications and information, hereinafter referred to as the Deputy is implementing elements of the VI, some tasks and functions of the BIN in the field of communication and information, which is at the bottom and are accountable to the head of the BIN. (2) Deputy VI chaired by Deputy.

Article 27 Deputy VI has the task of implementing the policy formulation and implementation activities and/or intelligence operations in the field of mass communication, social communication, and information.

Article 28 in carrying out the tasks referred to in article 27, Deputy VI hosts functions: a. the preparation of a plan of activities and/or intelligence operations in the field of mass communication, social communication, and information;

b. implementation of the activities and/or intelligence operations in the field of mass communication, social communication, and information;

c. pengoordinasian activity and/or intelligence operations in the field of mass communication, social communication, and information;

d. control activities and/or intelligence operations in the field of mass communication, social communication, and information;

e. conducting community relations; and f. the preparation of intelligence reports of mass communication, social communication, and information.
The eleventh section Deputy Field analysis and production of Intelligence of article 29 (1) Deputy Field analysis and production of intelligence, hereinafter referred to as the Deputy is implementing elements of the VII, a portion of the duties and functions of the BIN in the field of the analysis and production of intelligence, which is under and liable to Head BIN.
(2) Deputy VII chaired by Deputy.
Article 30 Deputies VII had the task of implementing the formulation and implementation of policies in the field of the analysis and production of intelligence.

Article 31 in carrying out the tasks referred to in article 30, Deputies VII organizes functions: a. the preparation of plan analysis and production of Intelligence;

b. selection, integration, and penginterpretasian the information obtained from the activities and/or intelligence operations;

c. implementation of the analysis and production of Intelligence;

d. the study of strategic issues with intelligence agencies in the country and abroad; and e. the delivery of Intelligence products to the BIN as required and the instructions of the head of BIN.

The main Inspectorate of the twelve parts of article 32 (1) Main Inspectorate is the element of supervision in an environment which is under the BIN and liable to Head BIN. (2) the main Inspectorate is headed by the Inspector.

Article 33 the main Inspectorate has the task of implementing the internal auditing in the neighborhood BIN.

Article 34 in carrying out the tasks referred to in Article 33, the main Inspectorate organises functions: a. completion of internal auditing policy formulation;

b. implementation of internal auditing on performance and finance through audit, reviu, evaluation, monitoring, and other surveillance activities;

c. implementation of oversight for a specific purpose over the assignment of Head BIN;

d. preparation of reports on the results of supervision; and e. Administrative Inspectorate implementation.

The thirteenth section of expert staff of article 35 (1) the expert staff are below and are accountable to the head of the BIN.

(2) Expert staff has the task of providing research to Head BIN on the issue of appropriate specific fields of expertise.

Article 36 the expert staff consists of: a. the expert staff of political ideology and Field;

b. the socio-cultural Field expert staff;

c. expert staff areas of law and human rights;

d. expert staff areas of Defense and security; and e. the expert staff fields of natural resources and the environment.

Article 37 (1) of the staff of the political ideology and Field Experts have the task of providing research to Head IBN on the issue of ideology and politics.
(2) the socio-cultural Field expert staff has the task of providing research to Head BIN about social issues culture.
(3) the staff of Expert Legal and human rights has the task of providing research to Head IBN on the issue of law and human rights.
(4) the staff of Defense and Security Experts have the task of providing research to Head BIN on matters of Defense and security.
(5) the expert staff areas of natural resources and Environment has the task of providing research to Head IBN on the issue of natural resources and the environment.
The central part of the Fourteenth Article 38 (1) in the neighborhood BIN can be formed as a supporting element of the Centre's functions and duties of the BIN, at most 5 (five).
(2) The Centre as referred to in subsection (1) is led by the head of the center that is under and is responsible to the head of BIN through the Secretary. (3) the Center consist of at most three (3) Field and one (1) Subsections Tata venture.
(4) the establishment of the Centre as referred to in subsection (1) is designated by the head of BIN after obtaining approval from the Minister of the organizing Affairs of the Government in the field of utilization of State apparatus and reform the bureaucracy.
The fifteenth section of the State Intelligence Agency in the area of article 39 (1) in the neighborhood, the SON of the country's intelligence agency formed in the areas, hereinafter referred to as Binda.
(2) Binda as mentioned on paragraph (1) is led by the head of Binda, who was at the bottom and is responsible to the head of BIN through Deputy II. (3) the Office of the Group consist of Binda Functional agents.
Article 40 the formation of Binda as stipulated in article 39, set by the head of the BIN after obtaining approval from the Minister of the organizing Affairs of the Government in the field of utilization of State apparatus and reform the bureaucracy.

Sixteenth section Representative BIN abroad Article 41 (1) of the environment can be shaped BIN BIN's representative abroad, hereafter referred to Perbinlu.
(2) the establishment of the Perbinlu referred to in paragraph (1) was carried out in accordance with the provisions of the legislation.
Seventeenth part others Article 42 (1) the main Secretariat is composed of at most 5 (five) of the Bureau, each Bureau consists of at most four (4) parts, and each Part consists of at most three (3) Subsections.
(2) the part referred to in paragraph (1) which handles The Leadership consists of a number of Subsections as needed.
(3) Deputy consists of at most 5 (five) Directorate, each Directorate consists of at most four (4) Subdirektorat.
(4) the main Inspectorate consists of at most three (3) Inspectorates and one (1) part of the Administrative Inspectorate, each consisting of one (1) subsections of The Functional Groups and the Office of the Auditor, and the Administrative Part consists of at most three (3) Subsections.
Article 43 to support the Organization of the functions and duties of BIN BIN, head of the task force can form as needed.

Article 44 in the neighborhood BIN defined Functional Office agents and certain other functional Office in accordance with the provisions of the legislation.

CHAPTER III Article 45 WORK LAYOUT in performing tasks, each direction of organizational units in the neighborhood BIN mandatory to apply the principle of coordination, integration, and synchronization, both within each organizational unit, between organizational units in the neighborhood BIN, and the BIN with other agencies between the outside of the BIN in accordance with their respective tasks.

Article 46 (1) Each organizational unit leadership is obliged to conduct surveillance against his subordinates in an environment of organizational units that are his flock.
(2) the direction of the organizational unit is authorized to take proactive measures in the framework of coaching or administrative sanctions upon those powers in accordance with the provisions of the legislation.
Article 47 Any leadership organizational unit within the BIN is responsible to lead and coordinate the organizational unit underneath as well as provides guidance and instructions for the execution of the task.

Article 48 Every organizational unit leadership is obligated to follow and comply with the instructions of the leadership and responsible to their respective superiors as well as delivering periodic reports on time.

Article 49 each report received by the Chairman of the organizational unit the organizational unit underneath the compulsory processed and used as a basis for drawing up the report.

Article 50 in delivering a report to his superiors, the mandatory reports submitted copies to other organizational units that are functionally have a working relationship.

Article 51 in the discharge of his duties, each aided by organizational unit leadership leadership organizational unit underneath.

Article 52 in the discharge of his duties, head of the organizational unit responsible for the security of personnel, material, material description, and activities.

Article 53 Any officer or employee of a BIN mandatory oath of intelligence at the time was appointed officer or employee of a BIN.

CHAPTER IV ECHELON, appointment, and TERMINATION of article 54 (1) the Deputy Head of the BIN, Secretary of the main, Main, and Deputy Inspector is a structural position Echelon I.a.

(2) Expert staff is the structural position Echelon I.b.

(3) Bureau Chief, Director, Inspector, head of Binda, and head of the Centre is a structural position Echelon II a.

(4) Head of Section, head of Subdirektorat, and the head of the structural position is Echelon III a.

(5) The head office is structural Subsections Echelon IV a.

Article 55 the head BIN given the right financial, administrative and other facilities on par with the Minister.

Article 56 (1) Deputy Head of BIN, Secretary of the main, Main, Deputy Inspector, and expert staff are appointed and dismissed by the President upon the proposal of the head of BIN.
(2) structural Officials Echelon Echelon II, III, and IV as well as a functional Echelon officials of the Agency and certain other functional officials are appointed and dismissed by the head of the BIN.
Chapter V Article 57 FINANCING Financing to support the implementation of the functions and duties of BIN charged to the budget of the State Expenditures and Revenues.

CHAPTER VI miscellaneous PROVISIONS Article 58


More details about the functions, duties, organization, arrangement and layout of work assigned by the head of BIN BIN after obtaining approval from the Minister of the organizing Affairs of the Government in the field of utilization of State apparatus and reform the bureaucracy.

CHAPTER VII TRANSITIONAL PROVISIONS Article 59 at the time of entry into force of this regulation of the President began, the whole existing Office along with officials to assume the Office in the neighborhood of the fixed BIN, perform the duties and functions set up to return based on the regulation of the President.

Article 60 (1) at the time of entry into force of this regulation of the President began, the Intelligence Unit of the region BIN formed based on presidential regulation Number 34 in 2010 on the State Intelligence Agency, set to be Binda.
(2) referred to in paragraph Binda (1) still run tasks and functions in accordance with the provisions of the legislation up to set back based on this presidential Regulation.
CHAPTER VIII PROVISIONS COVER Article 61 at startup the enactment of this Regulation of the President, presidential regulation Number 34 in 2010 about the country's intelligence agency, was revoked and declared inapplicable.

Article 62 this presidential Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on October 30, 2012 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on October 31, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();