Regulation Of The Minister Of Law And Human Rights The Number 25 In 2012

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 25 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50edd850b08354313233313539.html

BN 1217-2012 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 1217, 2012PERATURAN MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA number 25 in 2012 ABOUT the SOCIAL REHABILITATION of PERSONS with DISABILITY STANDARDS by the AGENCY in the FIELD of SOCIAL WELFARE 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, the Government of Provinces the regional Government, and district/city, need to be drawn up of norms, standards, procedures, and criteria (NSPK) in the social field;
b. that to improve social rehabilitation for persons with disability, the need for the social rehabilitation of persons with disability standards by the Agency in the field of social welfare;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of social standard of the social rehabilitation of persons with Disability by the institution in the field of social welfare;
Remember: 1. Act No. 4 of 1997 on disability (State Gazette of the Republic of Indonesia number 9 in 1997, an additional Sheet of the Republic of Indonesia Number 3670);
2. 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 amended by law number 12 of the year 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844) 3. 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);
4. 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);
5. Act No. 11 of 2009 about social welfare (State Gazette of the Republic of Indonesia number 12 in 2009, an additional Sheet of the Republic of Indonesia Number 4967);
6. Act No. 19 in 2011 about the endorsement of the Convention on the Rights of Persons with Disabilities (Convention on the rights of the disabled, Disability) (State Gazette of the Republic of Indonesia Number 107 in 2011, an additional Sheet of the Republic of Indonesia Number 5251);
7. Government Regulation Number 43 in 1998 about the efforts of Disabled Social Welfare Improvement (Gazette of the Republic of Indonesia number 70 in 1998, an additional Sheet of the Republic of Indonesia Number 3754);
8. 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);
9. 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);
10. 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);
11. 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);
12. 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);
13. 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);
14. 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);
15. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II;
16. Presidential regulation Number 47 in 2009 about the formation and Organization of the Ministry of the State, which has several times changed the last presidential regulation Number 91 in 2011;
17. 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, who has several times changed the last presidential regulation Number 92 in 2011;
18. Regulation of the Minister of Home Affairs number 13 Year 2006 about Regional Financial Management Guidelines as amended by regulation of the Minister of Home Affairs Number 59 in 2007;
19. Regulation of the Minister of Social Affairs Number 129/HUK/2008 about the minimum service standard field of Social Areas the province and District/city;
20. The decision of the Minister of Social Affairs Number 111/HUK/2009 on performance indicators Development of social welfare;
21. 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 District/city;
22. Minister of Social Affairs Regulation Number 86/HUK/2010 about the Organization and governance of social Ministry of work;
Decide: define: SOCIAL REGULATION of the MINISTER of SOCIAL REHABILITATION of PERSONS with DISABILITY STANDARDS by the AGENCY in the FIELD of social welfare.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation, the definition of: 1. A standard is a specification or a benchmark minimum services which can be used as a reference service for organizing, implementing services, and infrastructure.
2. Social Rehabilitation is the process of refungsionalisasi and development to enable a person capable of carrying out its social function in unnaturally in the life of the community.
3. Persons with Disability is a person who has limited physical, mental, intellectual, or sensory in a prolonged period of time which, in interaction with the environment and the attitude of the society can meet barriers that make it difficult for the full and effective participation on the basis of equality.
4. The social rehabilitation of persons with Disability Standard is a minimum service should be implemented in the process of social rehabilitation of persons with disability by institutions.
5. The institution in the field of social welfare have disabilities Disability, hereinafter called the institution is an institution to carry out the social rehabilitation of persons with disability is done, both by the Government, local governments, and society 6. Social welfare institutions are social gatherings or social organization that carries out the Organization of social welfare created a community, whether incorporated or not incorporated legal law.
7. Professional social worker is someone who works, both in Government and private institutions that have competence and profession of social work, and care in social work obtained through education, training, and/or experience the practice of social work to carry out the tasks of the Ministry and the handling of social problems.
8. Social Welfare Personnel is someone who is professionally educated and trained to perform the service and handling social issues and/or someone who works, whether in Government or private agencies that the scope of its activities in the field of social welfare.
9. Social Volunteer is a person and/or community groups, good social work backgrounds or not set in social work, but carry out activities in the field of organization of social rather than in government social agencies over the will of her own with or without rewards.

Article 2 of the social rehabilitation of persons with Disability Standards carried out by the Agency are intended to provide a reference for the stewards and the clerk of the social rehabilitation service giver in planning, implementing, and evaluating the activities of the Ministry of the social rehabilitation of persons with disability.

Article 3 of the social rehabilitation of persons with Disability Standards by the Agency aimed at: a. providing technical guidelines for Trustees and officers of the institutions in conducting social disabilities disability rehabilitation program;
b. increase the professionalism of the administrators and officers of the institution in carrying out social rehabilitation of persons with disability;
c. realize a social rehabilitation professionals; and d. creating mechanisms of effective work and efficiently to ensure the quality and results of social rehabilitation of persons with disability.

Article 4 scope this regulation covers Social Rehabilitation, institutions, authorities, funding, monitoring and evaluation, coaching and supervision, as well as reporting.

CHAPTER II the SOCIAL REHABILITATION Part One General article 5 (1) of the social rehabilitation of persons with Disability is intended to restore and develop the ability of someone who experienced the social dysfunction in order to carry out its social function in unnaturally.
(2) Social rehabilitation of persons with Disability as referred to in paragraph (1) was carried out in the form of: a. motivational guidance and psychosocial diagnosis;

b. care and caregiving;

c. social and psychosocial counselling guidance;

d. mental and spiritual guidance;

e. physical guidance;

f. Polytechnic training and coaching of entrepreneurship;

g. service accessibility;

h. guidance of resocialization;

i. guidance information; and/or j. citation.
(3) Social rehabilitation of persons with Disability by executed through a series of activities with social work approach, and the approach of other disciplines are integrated.


Article 6 of the social rehabilitation of persons with Disability Goals addressed to: a. persons with physical Disability include the body, netra, impaired speech and ex sufferer of chronic diseases;
b. Disability mental Disabilities include mental retardation/intellectual and psychotic ex or anyone who has ever experienced the psychosocial/psychiatric disorders; c. persons with physical and mental Disability/disability.

Article 7 (1) implementation of Social Rehabilitation institutions intended to: a. the social rehabilitation of quality so that it can be rendered optimally and effectively and efficiently; and b. to help the disabled, disability increases the role and social function in society.
(2) Social Rehabilitation referred to in subsection (1) may be made in and/or outside agencies.

The second part of the implementation of article 8 of the social rehabilitation of the disabled phase of Disability by the Agency, covering: a the initial approach;

b the reception;

c disclosure and understanding the problem;

d preparation of a troubleshooting plan;

e problem solving;

f social guidance, mental, physical, Polytechnic, and entrepreneurial g resocialization;

h termination; and i further guidance.

Article 9 (1) the initial Approach as stipulated in article 8 of the letter a is an activity that initiates a process of social rehabilitation.
(2) activities that initiate social rehabilitation process as referred to in paragraph (1) through the delivery of Social Rehabilitation program information to the public, relevant agencies, and social organization.
(3) Social Rehabilitation program information as referred to in paragraph (2) was intended to get the data the number of persons with a disability in accordance with the terms specified.

Article 10 (1) the acceptance referred to in article 8 the letter b is an activity to obtain data objectively and thoroughly about the prospective recipient of the service.
(2) acceptance Activities include process regristrasi and checking the terms of acceptance to be rehabilitated through agencies.

Article 11 Disclosure and understanding of the problems referred to in article 8 of the letter c is an activity to elucidate or uncovering problems experienced by persons with disability as well as the potential and resources owned after being accepted to do rehabilitation.

The drafting of article 12 troubleshooting plan referred to in article 8 d a plan of activities that will be carried out for the handling of the issue in accordance with the results in the disclosure and understanding of the problem.

Chapter 13 problem solving as stipulated in article 8 of the letter e is the real activity is done based on the preparation of a plan of solving the problem in dealing with the problems experienced by persons with disability.

Article 14 the guidance of social, mental, physical, Polytechnic, and entrepreneurship as stipulated in article 8 of the letter f is the set of activities that are carried out in an attempt to support persons with Disability in order that they have awareness, responsibility, enhance capability in adjusting to their surroundings and have job skills and effort to secure its future.

Article 15 Resocialization as stipulated in article 8 of the letter g is an activity to prepare persons with Disability and society in order to integrate in the life of society.

Article 16 Termination as stipulated in article 8 and the letter h is an activity of the social rehabilitation of the disabled, the giving end of Disability.

Article 17 (1) Further Guidance as mentioned in article 8 of the letter i is monitoring activities and efforts increased wellbeing disabilities disability.
(2) further guidance Activities as referred to in paragraph (1) may be: a. to develop entrepreneurship by providing advanced skills; and b. provide social assistance or to transmit it to the business world.

Implementing the third part of article 18 (1) of the Social Rehabilitation for persons with Disability by institutions, carried out by the executor, consisting of: a. Professional social workers;

b. Social Welfare Personnel; and/or c. Social Volunteers.
(2) the Executor as referred to in subsection (1) must meet the requirements for implementing social rehabilitation becomes, and having regard to the needs of every type of comparison of the ratio of target persons with disability.
(3) further Provisions concerning the requirements and the ratio a comparison of needs as referred to in paragraph (2) are defined by the Director-General for Social Rehabilitation.

Article 19 (1) Implementing the social rehabilitation of persons with Disability is in charge of planning, executing, and reporting the results of the implementation of social rehabilitation.
(2) the duties referred to in subsection (1) include the following: a. accompaniment towards the disabled, disability, family, and community that was targeted in the area of social rehabilitation of persons with Disability coverage;
b. the services in the fulfillment of basic needs and the needs of gender, increased access to social rehabilitation, strengthening the responsibility of the parent/family and institutional strengthening of the social rehabilitation of persons with Disability;
c. contracting of social rehabilitation which includes the commitment of beneficiaries and families to comply with the regulations set out the institution;
d. carry out professional tasks in the accompanying Social Rehabilitation targets people with Disability, which consists of assessment, case, discussion of the handling of cases, recording, motivation, and build your network;
e. social advocates against people with disability in accessing needed social rehabilitation;
f. making reports on the handling of the case of each case; and g. reporting for implementation of mentoring, quarterly and year-end employment contract, other than report the handling of the case.

CHAPTER III AGENCY article 20 institutions that carry out Social rehabilitation of persons with Disability consists of: a. Government-owned Institutions that shaped the implementing Technical Unit (UPT);

b. local government-owned Institutions that are Implementing the Regional Technical Unit (UNIT); and/or c. Social Welfare Institutions.

Article 21 (1) the institutions referred to in article 20 had a duty to manage the activities of the Social rehabilitation of persons with Disability.
(2) the management as referred to in paragraph (1), include the following: a. prepare a data target Social Rehabilitation Disabilities Disability are complete with a description of your name, address, type of disability, age, gender, disability, mobility tools and needs; b. identify the problems and needs of handling problems;
c. perform outreach, delivery of guidance, assistance and social accompaniment towards persons with disability who require social rehabilitation by involving social workers, Social Welfare Personnel, and Social Volunteers;
d. facilitate the conduct of the rehabilitation of persons with disability and the family became beneficiaries; e. handle cases involving related professionals;

f. do reference and guidance information according to your needs;
g. do coaching, supervision, monitoring and evaluation of the implementation of the social rehabilitation of persons with disability; h. social advocate to the social welfare organization of the partner institutions;

i. building a network of partnerships with the various parties; and j. report of the implementation of the social rehabilitation of persons with Disability.

Article 22 the agencies that carry out Social rehabilitation of persons with Disability must meet the standards of the institution that organizes Social rehabilitation of persons with Disability.

Article 23 the standards Institutions referred to in Article 22, which is managed by the implementing Unit of Government owned Technical and Technical Implementing Government-owned areas required to have: a. the vision and mission of Implementing Technical Unit (UPT) or Implementing a technical area (UNIT);

b. rehabilitation programs;

c. organizational structure;

d. human resources;

e. facilities and infrastructure; and f. the availability of funding and accountability.

Article 24 the standards Institutions referred to in Article 22, which is managed by social welfare institutions are required to have: a. the status of Social Welfare Institutions;

b. the vision and mission of Social Welfare Institutions;

c. rehabilitation programs;

d. organizational structure;

e. human resources;

f. infrastructure and facilities; and g. the availability of funds, management, and accountability.

Article 25 (1) Social Welfare Institutions referred to in article 20 subparagraph c is partner of the Government and local authorities in the implementation of Social rehabilitation of persons with Disability.
(2) Social Welfare Institutions referred to in subsection (1), have the status of: a. no-body of law; or b. legal body.
(3) Social Welfare Institutions referred to in subsection (1) is registered with the mandatory Social Ministry, Office of social agencies/province/County/city in accordance with its area of coverage.

CHAPTER IV is considered Part of the Government AUTHORITIES of Article 26 the Minister has authority to: a. establish policies, programs and activities of persons with disability;
b. set the norms, standards, procedures, and criteria standard of social rehabilitation of persons with disability through the institution in the field of social welfare; c. conduct cooperation with other stakeholders;
d. conduct institutional capacity strengthening, enhancement of human resources, funding for the implementation of social rehabilitation of persons with disability;
e. facilitating the implementation of the activities of the establishment and improvement of the capacity and ability of the social rehabilitation of persons with disability; and f. compilation mengkompilasikan with disabilities disability Agencies data on a national level.
The second part of the provincial government article 27 Governors have the authority: a. the coordinates the implementation of policies, programs and activities of the persons with disability between kabupaten/kota in its territory;

b. conduct cooperation with other provinces and kabupaten/kota with other provinces as well as cooperation between counties/cities in its territory;
c. conduct cooperation with other stakeholders;
d. conduct institutional capacity strengthening, enhancement of human resources, funding for the implementation of Social rehabilitation of persons with Disability;
e. facilitating the implementation of the activities of the establishment and improvement of the capacity and ability of the social rehabilitation of persons with Disability; and f. spool and mengompilasikan data Agencies provincial disability disabilities.

The third part of the Government district/city Article 28 Regent or mayor has the authority to: a. coordinate implementation of social welfare activities of persons with disability;
b. publish the decision of the officers of the social welfare program companion disabilities disability; c. conduct cooperation with other district/city inside and outside the province;
d. institutional capacity strengthened increased human resources and funding for the implementation of the establishment and improvement of the capacity and ability of the social rehabilitation of persons with Disability;
e. carry out the formation and capacity building as well as Social rehabilitation of persons with Disability; f. conduct cooperation with other stakeholders;

g. perform logging disabled, disability;

h. carry out monitoring and evaluation;

i. implement the participation, the role of the community and the business world; and j. carry out technical guidance, outreach to the community, guidance, motivation, and guidance the establishment.

Chapter V FUNDING Article 29 (1) funding for the implementation of policies, programs, and activities of the Social rehabilitation of persons with Disability in the province comes from the budget of income and expenditure area of the province.
(2) funding for the implementation of the policy of social welfare programs have disabilities Disability at the kabupaten/kota sourced from budgetary income and shopping area of kabupaten/kota.
(3) the Government may provide assistance to funding the implementation of the policy, social welfare programs disabled, Disability in the province and kabupaten/kota in accordance with the provisions of the legislation.

CHAPTER VI MONITORING and EVALUATION article 30 (1) 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 the social rehabilitation of persons with Disability.
(2) Monitoring as referred to in paragraph (1), to know the developments and obstacles in the implementation of policies, programs, and activities of the social rehabilitation of persons with Disability.
(3) Monitoring conducted periodically through the coordination and monitoring of the implementation policy in direct, programs, and activities of the Social rehabilitation of persons with Disability.

Article 31 (1) the Minister, Governors, and the bupati/walikota in accordance with its evaluation of the implementation of policies, programs, and activities of the social rehabilitation of persons with Disability at the end of each financial year.
(2) the results of the evaluation of the implementation of policies, programs, and activities of the Social rehabilitation of persons with Disability as referred to in paragraph (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 VII CONSTRUCTION and SUPERVISION Article 32 (1) the Minister is doing construction and supervision over the implementation of policies, programs, and activities of the Social rehabilitation of persons with Disability to the provincial government.
(2) the Governor doing construction and supervision over the implementation of policies, programs, and activities of the Social rehabilitation of persons with Disability to the kabupaten/kota Governments.
(3) the Bupati/walikota doing construction and supervision over the implementation of the activities of the Social rehabilitation of persons with Disability.

Article 33 of the community can conduct surveillance against Social rehabilitation of persons with Disability in accordance with the mechanisms and rules and regulations.

Article 34 guidance and supervision as referred to in article 32 and article 33 to provide motivation and technical direction to the sustainability of Social Rehabilitation activities have disabilities Disability.

CHAPTER VIII REPORTING of article 35 (1) each agency that carries out Social rehabilitation of persons with Disability is obliged to make a written report regarding the implementation of the activities to the bupati/walikota.
(2) the Bupati/walikota shall be obliged to deliver a written report on the implementation of the Social rehabilitation of persons with Disability in its territory to the Governor.
(3) the Governor shall be obliged to deliver a written report on the implementation of the Social rehabilitation of persons with Disability in its territory to the Minister with a copy to the Minister which organizes the Affairs of Government in the country.
(4) reporting of implementation as referred to in paragraph (2) and paragraph (3) was conducted every year.
(5) the form and manner of reporting as referred to in paragraph (4) is carried out in accordance with the provisions of the legislation.

CHAPTER IX PROVISIONS COVER Article 36 of this regulation made as norms, standards, procedures, and criteria governing the standard of Social rehabilitation of persons with Disability by the institution in the field of social welfare which became a reference for the regional Government of the province and the local government district/city.

Article 37 of this 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 29 November 2012, MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA, SALIM SEGAF ALJUFRI Enacted in Jakarta on 5 December 2012 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();