Regulation Of The Minister Of Law And Human Rights The Number 29 In 2012

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 29 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50ede9b6c0984b313233323030.html

BN 1240-2012 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 1240, 2012PERATURAN MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA NUMBER 29 in 2012 ABOUT MIDSHIPMAN DISASTER PREPAREDNESS with the GRACE of GOD ALMIGHTY MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA, Considering: a. that in order to implement the provisions of article 9 of the Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota, need to be drawn up Norm , Standards, procedures and Criteria;
b. that to support the implementation of social protection in disaster mitigation is required the existence of a Midshipman disaster preparedness;
c. that to realise the professionalism in the implementation of disaster management, the need to improve the quantity and quality of Midshipman disaster preparedness as well as the Division of authority between the Government, the provincial governments and district/city governments;
d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish the Social ministerial regulation about Midshipman disaster preparedness;
Remember: 1. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as it has several times changed with Act No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 123 in 2008, an additional Sheet of the Republic of Indonesia Number 4437);
2. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and the regional Government (the State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4437) 3. Act No. 24 of 2007 about disaster relief (Gazette of the Republic of Indonesia Number 66 in 2007, an additional Sheet of the Republic of Indonesia Number 4723);
4. Law number 11 Year 2009 on social welfare (State Gazette of the Republic of Indonesia number 12 in 2009, an additional Sheet of the Republic of Indonesia Number 4967);
5. Government Regulation Number 55 in 2005 about the Equalization Funds (State Gazette of the Republic of Indonesia Number 137 in 2005, an additional Sheet of the Republic of Indonesia Number 4575);
6. Government Regulation Number 79 in 2005 about coaching and supervision over the conduct of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593);
7. Government Regulation Number 58 in 2005 about the financial management area (State Gazette of the Republic of Indonesia Number 140 in 2005, an additional Sheet of the Republic of Indonesia Number 4578);
8. Government Regulation Number 65 in 2005 about the drafting of the Guidelines and the application of the minimum service standard (State Gazette of the Republic of Indonesia Number 150 in 2005, an additional Sheet of the Republic of Indonesia Number 4584);
9. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, the provincial Government, and local governance Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
10. Government Regulation number 6 in 2008 about the conduct of the Evaluation Guidelines for local governance (State Gazette of the Republic of Indonesia number 19 in 2008, an additional Sheet of the Republic of Indonesia Number 4815);
11. Government Regulation Number 39 in 2012 about the Organization of the social welfare (State Gazette of the Republic of Indonesia Number 68 in 2012, an additional Sheet of the Republic of Indonesia Number 5294);
12. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet volume II;
13. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries that have been modified several times, the last presidential regulation Number 91 in 2011;
14. the 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 that have been modified several times, the last presidential regulation Number 92 in 2011;
15. Presidential regulation Number 59 in 2012 on a national framework for the development of the capacity of local governance (Gazette of the Republic of Indonesia in 2012 the number 127);
16. Regulation of the Minister of Home Affairs number 13 year 2006 about Regional Financial Management Guidelines, as last amended by regulation of the Minister of Home Affairs Number 59 in 2007;
17. the Minister of Social Affairs Regulation Number 129/HUK/2008 about the minimum service standard field of Social Areas the province and District/city;
18. The decision of the Minister of Social Affairs Number 111/HUK/2009 on performance indicators Development of social welfare;
19. The decision of the Minister of Social Affairs number 80/HUK/2010 Planning Guide on Financing the achievement of the minimum service standard field of Social Areas the province and Kabupaten/Kota Area 20. Minister of Social Affairs Regulation Number 86/HUK/2010 about the Organization and governance of social Ministry of work;
Decide: define: MINISTER of SOCIAL AFFAIRS REGULATION of MIDSHIPMAN DISASTER PREPAREDNESS.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation, the definition of: 1. A midshipman disaster preparedness that hereafter TAGANA was a volunteer trained Social Welfare or energy derived from the community who have the concern and active in disaster relief.
2. The disaster is an event or series of events that threaten and disrupt the lives and livelihoods of communities caused by natural factors and/or other non natural as well as human factors resulting in the onset of human casualties, damage to the environment, loss of property, and the psychological impact.
3. Disaster relief is a series of efforts that include disaster prevention activities, emergency response, and rehabilitation.
4. Social protection is all efforts directed to prevent and deal with risks from shocks and social vulnerability.
5. The parent Member Number TAGANA hereinafter abbreviated INTENTIONS is the identity of a person being TAGANA given by the Directorate General of social security protection and 6. Local Government is the Governor, bupati/walikota, or any areas as organisers of the region.

Article 2 TAGANA set with the intention of helping the Government and the local governments for social protection in disaster relief.

Article 3 aims at enhancing community participation TAGANA in disaster relief.

Article 4 scope this regulation governing the duties and functions, membership, rights and obligations, awards and penalties, empowerment and control the deployment of TAGANA, authority, funding, monitoring and evaluation, coaching and supervision, and reporting.

CHAPTER II FUNCTIONS and DUTIES article 5 TAGANA have helped Government and local governments in carrying out disaster relief both at the time of prabencana, while emergency response as well as the time of pascabencana as well as the tasks of handling other social problems related to disaster relief.

Article 6 in carrying out the tasks referred to in article 5, TAGANA functions at the moment: a. prabencana;

b. emergency response; and c. pascabencana.

Article 7 Prabencana as referred to in article 6 letter a include: a. logging and mapping of disaster-prone areas;

b. an increase in the capacity of communities in disaster risk reduction;

c. disaster risk reduction in disaster-prone location;

d. improved preparedness of the community in the face of the possibility of a disaster;

e. facilitating the establishment and development of kampung disaster preparedness;

f. early detection to society over the possibility of a disaster;
g. evacuation along with related parties especially in the field of social protection over the threat of danger; and/or h. other preparedness and risk reduction.

Article 8 emergency referred to in the article 6 letter b include: a. review the quick identification of results and reports as well as recommendations to the command post or Office/social institutions, as well as Quick Reaction team is coordinating with the field of the protection and social security; b. identification/logging disaster victims;
c. emergency response operations in the field of rescue victims from the unsafe situation to a more secure; d. emergency response operations in the field of temporary shelters;

e. emergency response operations in the field of communal kitchen;

f. emergency response operations in the field of logistics;

g. emergency response operations in the field of psychosocial;

h. mobilization and moves society in risk reduction efforts; and/or i. other emergency response efforts.

Article 9 Pascabencana referred to in the article 6 letter c covers: a. identification/logging material losses on the victims;

b. identification/logging damage to your home or place of residence of victims of disaster;

c. psychosocial field handling and references;
d. strengthening efforts and social recovery of victims of the disaster as well as coordinating with related parties; and/or e. mentoring in social advocacy.

Article 10 in carrying out the duties and functions referred to in article 5 and article 6, TAGANA responsible to the Minister of Social Affairs through the Director-General of social security protection and who coordinated the Director of social protection of victims of natural disasters.

CHAPTER III MEMBERSHIP article 11 Prospective TAGANA comes from individuals, both from community groups as well as those sent or representatives from social organizations.

Article 12 (1) candidate TAGANA should be qualified: a. citizen of Indonesia men as well as women;

b. between the ages of 18 (eighteen) years of age up to 45 (forty five) years; and c. a healthier physical and spiritual.
(2) in addition to the requirement mentioned in paragraph (1), a candidate obligatory TAGANA followed and declared the establishment of the basis of TAGANA.

Article 13 the recruitment of prospective TAGANA can be done by:


a. Office of the social agencies/districts/cities; or b. the service/social agencies of the province.

Article 14 Mechanism proposed candidates became the perekrutannya TAGANA TAGANA was implemented by the Office of social agencies/districts/cities as referred to in article 13 a, include the following: a. the Department/district/city social agencies proposed candidate recruitment TAGANA results to Office of social agencies/province;
b. Agency/provincial social agencies verifying the proposed Office of social agencies/district/city;
c. Office of the social agencies/province proposed a candidate assignment TAGANA verified to be TAGANA to General Director of protection and social security; and d. the Director General protection and social security published the Decree designation be TAGANA and publishing intention.

Article 15 Mechanism proposed candidates became the perekrutannya TAGANA TAGANA was implemented by the provincial Social Department/agencies as referred to in article 13 the letter b, comprising: a. service of social agencies/district/city proposes candidates for selected to TAGANA service/social agencies of the province;
b. Agency/agencies provincial social conduct recruitment against the prospective employing agency proposal TAGANA social district/city;
c. Office of the social agencies/province of proposed candidates who have passed TAGANA recruitment to become Director General of TAGANA to protection and social security; and d. the Director General protection and social security published the Decree designation be TAGANA and publishing intention.

Article 16 termination of membership TAGANA because: a. resigned;

b. dies; or c. be dismissed.

Article 17 (1) in terms of diberhentikannya TAGANA membership as stipulated in article 16 of the letter c for violating the code of conduct and/or provision of TAGANA legislation.
(2) the mechanism stops TAGANA membership referred to in subsection (1) consists of: a. the assessment by the Department/district/city social institutions about the existence of the offence provisions TAGANA conduct TAGANA or provision of laws – the invitation;
b. social service/social agencies kabupaten/kota give warning either verbally or written on a member of TAGANA until the third warning letter;
c. in the event the warning letter as stated on the letter b is omitted then the head of Department of social/social agencies district/city report to head of Department of social/social agencies of the province;
d. social service/social agency province of verifying the reports in question;
e. in the event that the results of the verification as referred to in the letter d is proven, then the social service/social agencies of the province proposes dismissal TAGANA to Director General of protection and social security; and f. General Director of protection and social security published a letter of dismissal membership TAGANA.
(3) the code of conduct referred to in subsection (1) shall be instituted more with a decision of the Director General of the Ministry of social security and Protection.

CHAPTER IV RIGHTS and OBLIGATIONS of article 18 (1) TAGANA has the right: a. following the increased ability and quality in accordance with capacity owned;
b. official recognition from the Government through the granting of Social Ministry published INTENTIONS; c. the got facilities and infrastructure from the Government with regard to its work; and d. getting the consolidation and disaster relief training regularly by the Ministry of local government with Social as well as get the certificate.
(2) to TAGANA has an obligation: a. carry out tasks according to applied terms anyway;

b. conduct of communication and coordination as well as deals with related parties;

c. comply with the norms and rules of the law and the applicable rules.
d. provide succor and relief to the people who need it in disaster relief; and e. maintain the attitude and good name TAGANA and responsible in his job.

Chapter V REWARDS and SANCTIONS article 19 (1) awards given to TAGANA dedicated and devoted himself with remarkable services.
(2) the award referred to in subsection (1) is given by the Minister of Social Affairs, and the Governor, bupati/walikota.
(3) award given by the Minister of Social Affairs as referred to in paragraph (2) are defined by the decision of the General Director of protection and social security on behalf of the Minister of Social Affairs.
(4) award given by the Governor, and the Regent/Mayor as referred to in paragraph (2) for the purposes of the provisions in each area.

Article 20 the mechanism awarding Social Ministers to members of TAGANA include: a. social service/social district/city agencies propose about the existence of Member TAGANA achievers in disaster relief to the head of Department of social/social agencies of the province;
b. social service/social agencies province verifying the proposal in question;
c. in the event that the results of the verification as referred to in subparagraph b, the service of the social/social agencies of the province proposes the granting of the award to the Director General of TAGANA Member protection and social security; and d. the Director General protection and social security published a decree granting the awards.

Article 21 (1) Penalties given to members who violate the code of conduct TAGANA TAGANA or rules and regulations.
(2) the sanctions referred to in paragraph (1) in the form of: a. a written warning; and/or b. dismissal as members of TAGANA.

CHAPTER VI CONTROL, empowerment, and the DEPLOYMENT of TAGANA section 22 (1) control and empowerment TAGANA conducted by: a. the Minister of Social Affairs served as a regulator and facilitator for TAGANA;
b. Governor c. q social/head of Department of social agencies of the province as provincial dilingkup TAGANA controller; and c. the bupati/walikota c. q head office social/social agencies kabupaten/kota as controllers dilingkup TAGANA kabupaten/kota.
(2) Empowering TAGANA can be done by institutions other than as referred to in paragraph (1) with coordinating through the Ministry of social and/or service/social service agencies and provincial/district/city social agencies.

Article 23 (1) the deployment of TAGANA was conducted by the Ministry of Social Service/social agencies, the provinces and the Agency/agencies social hierarchical kabupaten/kota.
(2) deployment of TAGANA referred to in subsection (1) is the mobilization assignment TAGANA in disaster relief and handling tasks other social problems related to disaster relief.
(3) the deployment Mechanism TAGANA referred to paragraph (2) as follows: a. the social Ministry, Office/social agencies of the province, social agencies and Office/district/city judge and determine the need for deployment of TAGANA;
b. deployment of TAGANA done in disaster conditions appropriate tiered and needs that face and produced a letter of assignment; and c. TAGANA commissioned report orally and in writing to the Ministry of Social Service/social agencies, provinces, and Office/social agencies who commissioned the district/city.

CHAPTER VII AUTHORITY section of the Union Government Article 24 the Minister have the authority: a. formulating and setting policy TAGANA;

b. set the norms, standards, procedures, and criteria of TAGANA;
c. facilitating the implementation of recruitment activities, organizing, coaching, capacity development, and deployment of TAGANA; d. carry out monitoring and evaluation activity TAGANA;

e. do coaching and supervision against TAGANA;
f. conduct coordination with social agencies/Department and Office of the province/district/city social establishments against TAGANA; g. published the Decree members of TAGANA and intentions;

h. compile data TAGANA national level.

The second part of article 25 Provincial Governors have the authority: a. coordinate implementation of policies about TAGANA between kabupaten/kota in its territory;
b. conduct cooperation with other provinces and districts/cities in other provinces as well as the facilitation of cooperation between counties/cities in its territory; c. conduct cooperation with other stakeholders;
d. facilitate the implementation of recruitment activities, organizing, coaching, capacity development, deployment, control and funding at the provincial level TAGANA; and e. compile data TAGANA provincial level.

Part three Kabupaten/Kota Article 26 Regent or Mayor has the authority to: a. coordinate implementation of policies about TAGANA;

b. conduct cooperation with other district/city inside and outside the province;
c. facilitating the implementation of recruitment activities, organizing, coaching, capacity development, deployment, control and funding of TAGANA district/city level; d. conduct cooperation with other stakeholders; and e. TAGANA logging.

CHAPTER VIII FUNDING article 27 (1) funding for the implementation of policies, programs, and activities in the province of TAGANA sourced from budgetary income and shopping areas of the province.
(2) funding for the implementation of policies, programs, and activities of TAGANA in kabupaten/kota sourced from budgetary income and shopping area of kabupaten/kota.
(3) the Government may provide assistance to funding the implementation of policies, programs in the provinces and TAGANA kabupaten/kota in accordance with the provisions of the legislation.

CHAPTER IX MONITORING and EVALUATION Article 28 Governments and local governments perform monitoring and evaluation to the existence and implementation of TAGANA.

Article 29 (1) of the Government, the provincial government, and district/city governments doing monitoring to ensure synergy, sustainability, and effectiveness measures are integrated in the implementation of policies, programs, and activities of TAGANA.
(2) Monitoring as referred to in paragraph (1), to know the developments and obstacles in the implementation of policies, programs, and activities of TAGANA.

(3) Monitoring conducted periodically through the coordination and monitoring of the implementation policy in direct, programs, and activities of TAGANA.
(4) Monitoring is done from the planning up to implementation of policies, programs and activities of TAGANA.

Article 30 (1) the Minister, Governors, and the bupati/walikota in accordance with its evaluation of the implementation of policies, programs, and activities of TAGANA on each end of financial year.
(2) the results of the evaluation of the implementation of policies, programs, and activities referred to in paragraph TAGANA (1), is used for planning the next year in order to repair the program.
(3) the evaluation as referred to in paragraph (2), carried out in accordance with the provisions of the legislation.

CHAPTER X COACHING and SUPERVISION article 31 Coaching aims to provide technical direction and motivation for sustainability TAGANA.

Article 32 (1) the Minister of Social Affairs conducts coaching and supervision over TAGANA to local governments.
(2) the Governor doing construction and supervision over local governments to TAGANA kabupaten/kota.
(3) the Bupati/walikota doing construction and supervision over TAGANA to districts.

Article 33 of the community can conduct surveillance against TAGANA in accordance with the mechanisms and rules and regulations.

CHAPTER XI REPORTING Article 34 (1) the Bupati/Walikota obliged to submit a report on its territory to TAGANA over the Governor.
(2) the Governor shall be obliged to submit a report on its territory to TAGANA top Minister of Social Affairs.
(3) Reporting implementation as referred to in paragraph (1) and paragraph (2) are conducted every year and/or where necessary.
(4) Reporting Form referred to in paragraph (3) are arranged in accordance with the provisions of the laws.

CHAPTER XII CLOSING PROVISIONS Article 35 other things that have not been provided for in this regulation will be further defined more technically with the decision of the Director General of the Ministry of social security and Protection.

Article 36 of the regulation was created as norms, standards, procedures, and criteria governing Midshipman disaster preparedness which became a reference for the regional Government of the province and the local government district/city.

Article 37 of 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 December 6, 2012, MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA, SALIM SEGAF AL JUFRI Enacted in Jakarta on December 11, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();