Regulation Of The Minister Of Law And Human Rights The Number 21 In 2012

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 21 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50edb0c2509805313233313539.html

BN 944-2012 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 944, 2012PERATURAN MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA NUMBER 21 in 2012 on the IMPLEMENTATION of the USE of REGULAR RICE to DISASTER VICTIMS with the GRACE of GOD ALMIGHTY MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA, Considering: a. that to provide social protection of people living in areas prone to disaster and disaster victims, need food aid from the Government in the form of rice;
b. that for orderly and smooth execution of administrative management, channelling, channeling and supervision of the assistance the rice referred to in letter a, the Minister of Social Affairs Regulation need to set about implementing the use of Regular Rice To disaster victims;
Remember: 1. Act No. 7 of 1996 on Food (Gazette of the Republic of Indonesia Number 99 in 1996, an additional Sheet of the Republic of Indonesia Number 3656);
2. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003 an additional Sheet of the Republic of Indonesia Number 4286);
3. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
4. 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 4431) as amended several times, the last by Act No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
5. 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);
6. 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);
7. 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);
8. Act No. 7 in 2012 about Handling Social Conflicts (Gazette of the Republic of Indonesia Number 116 in 2012, an additional Sheet of the Republic of Indonesia Number 5315);
9. Government Regulation Number 68 in 2002 about food security (State Gazette of the Republic of Indonesia Number 142 in 2002, an additional Sheet of the Republic of Indonesia Number 4254);
10. Government Regulation number 7 of 2003 on the establishment of the Public Company (public corporation) BULOG (State Gazette of the Republic of Indonesia No. 8 of 2003) as modified by the Government Regulation Number 61 in 2003 (State Gazette of the Republic of Indonesia Number 142 in 2003);
11. 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);
12. 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);
13. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet volume II;
14. the 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;
15. 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;
16. the Minister of Social Affairs Regulation Number 86/HUK/2010 about the Organization and governance of social Ministry of work;
17. the regulations of the Coordinating Minister for people's welfare number 03 in 2011 about the management of the Government's Rice Reserve To social assistance;

Decide: define: SOCIAL MINISTERIAL REGULATION on the IMPLEMENTATION of the USE of REGULAR RICE to disaster victims.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation, the definition of: 1. regular Rice is a number of rice belongs to the Central Government in this Ministry of social pengadaannya funded by the budget of the State Expenditures and Revenues with direction of use to pre disaster, emergency response, and post disaster.
2. Preparedness is a series of activities conducted in anticipation of disasters through organizing as well as through appropriate measures and Sepik.
3. Social assistance is all State expenditure in the form of rice that was given to the community through ministries/agencies and/or local authorities to protect the public from the possibility of a wide range of social risks.
4. The State of emergency is critical and uncertain circumstances at the time of the disaster was declared by the Central Government and/or the local government, which threatens the social life of the communities so require fast-paced action and just outside the regular procedure.
5. is a series of Mitigation efforts to reduce disaster risk, either through the building of awareness and physical or augmenting the capability of facing the threat of disaster.
6. Social Institutions is a government body that carries out the task of the Government in the social field, both at the central level, provincial or district/city.
7. Public Company BULOG, hereinafter called Perum BULOG is a State-owned enterprise as set forth in Act No. 9 of 1969, in which the entire State-owned capital in the form of the wealth of the country that are separated and are not divided into shares.
8. the Minister is the Minister of the organizing Affairs of the Government in the social field.

Article 2 the regular Rice Aid intended to meet food needs in the form of rice in disaster management through the establishment of common kitchen field and/or distributed directly at the time of prabencana, emergency response, and pascabencana.

Article 3 (1) of the regular Rice Aid intended to: a. people living in disaster-prone areas at the time of disaster mitigation; and/or b. disaster victims.
(2) the regular Rice Aid as referred to in paragraph (1) provided with the provision of 400 (four hundred) grams per person per day, for the longest 7 (seven) days.

Article 4 of the regular Rice Aid is granted at the moment: a. prabencana;

b. disaster emergency response; and c. the post-disaster.

Article 5 Regular Rice Aid on prabencana as referred to in article 4 a, used in areas prone to disasters for the implementation of disaster mitigation activities through the establishment of a communal kitchen.

Article 6 regular rice Aid on emergency disasters as referred to in article 4, letter b is used to meet the basic needs of the disaster victims through common kitchen field and/or given to local community before the refugees get help from another party.

Article 7 regular disaster on Rice referred to in article 4 of the letter c, to be used for social recovery activities after the occurrence of the disaster through common kitchen field and/or given to local people.

Article 8 the scope of these regulations include the following: a. Management;

b. the terms, procedures, and mechanisms;

c. funding;

d. monitoring and evaluation; and e. reporting.

CHAPTER II MANAGEMENT article 9 Regular Rice Management implemented by Perum BULOG based on cooperation between the Ministry of social with Perum BULOG.

Article 10 (1) of the public corporation shall be obliged to provide Regular BULOG Rice stocks as part of its operations are scattered throughout Indonesia.
(2) the public corporation managing and administering BULOG carry out Regular Rice in a transparent and accountable.

Article 11 the management of Regular Rice is implemented based on the provisions of the legislation.

CHAPTER III conditions, procedures, and MECHANISMS of article 12 (1) terms of use regular rice as follows: a. the existence of a disaster and/or disaster mitigation plans;

b. data presence of disaster victims from the villages; and c. the existence of social recovery activities.
(2) in addition to the requirement mentioned in paragraph (1), the use of regular rice can be used for charity program activities in disaster-prone areas and/or regional disaster.

Article 13 (1) of the regular rice request Procedure by district/city is done by means of: a. the head of Department/district/city social agencies apply to the head of Department/agencies provincial social at most 5 (five) tons; and b. the head of Department/agencies regional Division ordered provincial social Bulog province to issue a Delivery Order rice to sub regional divisions in accordance with the request.
(2) in the case of regular rice had expired is used, employing social service district/municipality can request additional regular rice back to dinas social agencies/province by attaching proof of the responsibility of use.

Article 14 (1) of the regular rice request Procedures by province as follows: a. the head of Department/social agencies apply to the provincial Minister of at most 50 (fifty) tonnes; and b. the Minister through the Director-General of social security protection and ordered the Perum BULOG to issue Delivery Order rice to regional divisions in accordance with the request.
(2) in the case of regular rice has exhausted used, Office/social agencies of the province can apply additional regular rice back to the Minister by attaching proof of the responsibility of use.
(3) a request approved by the Minister was made by the bufferstock/social agencies of the province.

Article 15

(1) submission of regular rice aid in disaster relief implemented by the Office of the clerk/social agencies kabupaten/kota to the village head or the head or any other name similar to transmitted.
(2) a submission referred to in subsection (1) must be known by the camat and produced a News event of the Handover.

Article 16 (1) of the regular rice Distribution received by the village head or the head or any other similar name implemented by involving a potential source of social welfare.
(2) accountability for channelling regular rice by the village head or the head or any other name similar to social agencies/Department of kabupaten/kota with attaching the data name and address of the recipient.

CHAPTER IV FUNDING article 17 (1) sources of funding in the regular rice procurement include: a. Budget revenues and Expenditures of the State;

b. income and budget shopping area; and/or c a valid funding sources. based on the provisions of the legislation.

(2) sources of funding in the regular distribution of rice from the warehouse to the location of the target BULOG Perum charged to income and expenditure budget of the region.

Chapter V MONITORING and EVALUATION Article 18 (1) the Minister is carrying out monitoring and evaluation of the implementation of the use of regular rice by the Department/social agencies of the province.
(2) the head of Department/social agencies of the province carry out monitoring and evaluation of the use of regular rice by employing social service district/city.
(3) the head of Department/district/city social agencies carry out monitoring and evaluation of the implementation of the regular rice distribution in disaster relief.

CHAPTER VI REPORTING article 19 (1) the use of regular rice in disaster relief must be made accountability report.
(2) Accountability Report referred to in subsection (1) is performed periodically every quarter, semester, and annual.

Article 20 (1) the head of Department/social agencies of the province reported the use of regular rice periodically to the Director-General of social security and Protection through the Director of the social protection of victims of natural disasters.
(2) the head of Department/agencies of social district/city report use of regular rice periodically to the head of Department/social agencies of the province.
(3) the regular use of the accountability Reports of rice in disaster response contains the position of the starting balance, the amount of the use of rice, this type of disaster, and the balance late in the month concerned.
(4) the News Event Handover aid rice in disaster mitigation saved by employing social service provincial and Regency/city as material evidence for the examiner.

Article 21 in respect of the use of rice aid for disaster victims was not reported by the head of the provincial social agencies to the Director-General of social security and protection through the Director of the social protection of victims of natural disasters, then filing a subsequent rice aid will not be realized.

Article 22 in the case of the use of rice aid for disaster victims was not reported by the head of the social agencies kabupaten/kota to head the social agencies of the province, then the submissions next rice aid will not be realized.

CHAPTER VII PROVISIONS COVER Article 23 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 September 21, 2012, MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA, SALIM SEGAF AL JUFRI Enacted in Jakarta on September 25, 2012, MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, AMIR SYAMSUDDIN fnFooter ();