Regulatory Area Number 2 In 2012

Original Language Title: Peraturan Daerah Nomor 2 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bdb1227300acb9313634353430.html

APPLICABLE LOCAL PROVINCES...............

GOVERNMENT REGULATION of the MALUKU PROVINCE AREA of MALUKU PROVINCE number 02 2012 ABOUT ORGANIZING the PROTECTION OF WOMEN and CHILDREN VICTIMS OF VIOLENCE in MALUKU by the GRACE of GOD ALMIGHTY the MALUKU GOVERNOR, Considering: a. that as citizens, women and children are entitled to the protection of any violent acts committed against it which can cause the victim's physical or psikhis, as part of the recognition and enforcement of human rights; b. that the protection for women and children, victims of violence was an attempt to provide a sense of security and free of any violence that is guaranteed by the State philosophy of Pancasila, the State Constitution of the Republic of Indonesia in 1945 as the basis of the Supreme Law of the country as well as in various other legislation; c. that although the protection of women and children victims of kekerasaan and its commissioning, has governed in various legislation as a form of enforcement of human rights, but in reality in the province of Maluku, the intensity of the violence that resulted in casualties of women and children is high enough, and the various attempts of protection is being hampered due to unclear procedures and its mechanisms; d. that the Government including local governments, families, groups, social organizations and other civic organizations have a responsibility to prevent and protect the women and children of victims pursuant kekerasaan militate invitation; e. that based on geographical location-based islands of Maluku province, causing the women and children who are victims of violence is difficult to access services which he is entitled;

3 f. that based on considerations as the letter a, letter b, letter c, letter d and the letter e, the need to establish local regulations about Maluku province organization of the protection of women and children victims of violence in Maluku province; Remember: 1. Act No. 20 of 1958 concerning the determination of the Emergency Law number 22 in 1957 about the formation of the Autonomous Region level I the Moluccas (Republik Indonesia Country Gazette 1958 Number 79, an additional Sheet of the Republic of Indonesia Number 1617); 2. Law number 6 in 1974 about the Principal Conditions of social welfare (State Gazette of the Republic of Indonesia Number 53 in 1974, an additional Sheet of the Republic of Indonesia Number 3649); 3. Act No. 4 of 1979 on child welfare (State Gazette of the Republic of Indonesia in 1979, number 32, additional sheets of the Republic of Indonesia Number 3143); 4. Law number 7 of 1984 on the endorsement of the Convention on the Elimination of all forms of discrimination against Women (4 of the Convention On The Elimination Of All Forms of Discrimination Againts Women (State Gazette of the Republic of Indonesia in 1984, number 19, additional sheets of the Republic of Indonesia Number 3668); 5. Law Number 20 Year 1999 of ILO Convention Endorsement of Minimum age for Admission to Employment (ILO Convention Concerning Minimum age for Permissible (State Gazette of the Republic of Indonesia in 1999, number 56, additional Sheets with its Republic, number 3835); 6. Law Number 39 of 1999 on human rights (State Gazette of the Republic of Indonesia year 1999 Number 165, an additional Sheet of the Republic of Indonesia Number 3886); 7. Law No. 1 of 2000 about the endorsement of the ILO Convention Number 182 Concerning the Probibition and immediate action for the Elimination of the worst forms of child labour (ILO Convention 182 concerning the prohibition and immediate elimination of the form action form work worst for children (Gazette of the Republic of Indonesia in 2000, number 30, additional sheets of the Republic of Indonesia Number 3941);

5 8. Law Number 23 of 2002 on child protection (State Gazette of the Republic of Indonesia Number 109 in 2002, an additional Sheet of the Republic of Indonesia Number 4235); 9. Law Number 23 of 2004 on the Elimination of domestic violence (State Gazette of the Republic of Indonesia Number 95 in 2004, an additional Sheet of the Republic of Indonesia Number 4419); 10. Law Number 32 of 2004 concerning Regional Pemerintahann (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437); 11. Law Number 33 year 2004 of Financial Equalization Between the Central Government and the regions (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 12. Law No. 13 of 2006 on the protection of witnesses and Victims (State Gazette of the Republic of Indonesia year 2006 Number 64, an additional Sheet of the Republic of Indonesia Number 4635);

6 13. Act Number 21 of 2007 about the eradication of criminal acts of Trafficking persons (Gazette of the Republic of Indonesia in 2007, number 58, additional sheets of the Republic of Indonesia Number 4720); 14. Act No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2011, an additional Sheet of the Republic of Indonesia Number 4319); 15. Government Regulation No. 4 of 2006 On the Organization of Cooperation and recovery of victims of domestic violence (State Gazette of the Republic of Indonesia number 15 in 2006, an additional Sheet of the Republic of Indonesia Number 4604); 16. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance And local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 17. Government Regulation number 7 in 2008 on Dekonsentrasi and Pembantuan (Gazette of the Republic of Indonesia Year 7 in the regulation of this area is the: 2008, number 20, an additional Lembagaran of the Republic of Indonesia Number 4817); 18. Government Regulation No. 9 in 2008 About Procedures and mechanism of Integrated Services For Witnesses and/or victims of criminal acts of trade in goods; Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL GOVERNOR of MALUKU and MALUKU PROVINCE DECIDED: setting: LOCAL REGULATIONS ABOUT ORGANIZATION of the PROTECTION OF WOMEN and CHILDREN VICTIMS of KEKERASAAN. CHAPTER I GENERAL PROVISIONS Article 1 1. The area is an area of Maluku province; 2. Local Government is the Governor of Maluku Province and other Areas; as the organizer of the local government;

8 11. 3. The Governor is the Governor of Moluccas; 4. Representatives of the regional PARLIAMENT is abbreviated as Representatives of the regional province of Maluku; 5. The Regional Secretary is the Secretary of the regional province of Maluku; 6. Providence is any act committed by the Government and non government agencies that include prevention, recovery and protection to women and children victims of violence. 7. the child is someone who hasn't aged 18 (eighteen) years of age, and yet mating, including children who are still in the womb; 8. Women is everyone who is born as a female physik; 9. Victims are women and children who have experienced or misery or suffering and either directly or indirectly as a result of an act of violence; 10. Prevention is all the efforts made by the Government and non government agencies devoted to providing a sense of security to women and children. Protection is any effort aimed at giving a sense of security to the sacrifice made by the Government, families, advocates, social agencies or other community agencies, police, Prosecutor's Office, the courts or the other party either temporarily or on the basis of the ruling of the Court, assignment or in connection with acts of violence against children and women;

9 17. 18.12. Child protection is any activity undertaken to guarantee and protect children and their rights in order to live, grow, evolve, and participate optimally in accordance with the rights and the dignity of humanity, as well as the protection from violence and dikriminasi; 13. Protection of women are all activities that are conducted to ensure and protect women and their rights in order to live, grow, evolve, and participate optimally in accordance with the rights and the dignity of humanity, as well as the protection from violence and dikriminasi; 14. Misery is any acts that result or may result in psikhis, suffering either physical, sexual, economic, social against the victim; 15. Physical violence is any acts that lead to pain, injury, injuries or defects in a person's body, fainting, and content of suicide or causing death; 16. psikhis is the Act of Violence resulting in fear, loss of confidence, loss of the ability to act, the sense of helplessness and psychic weight or suffering on women and or children; Sexual Kekerasaan is every form of sexual abuse, forcible sexual intercourse with another person for commercial purposes and/or a specific purpose; The Ministry is actions taken as soon as possible to the victim, when seen, heard and learned is, was or will be after the kekerasaan against the victim;


10 protection of women and children or done berdasaskan Pancasila, the State Constitution of the Republic of Indonesia in 1945, as well as the principles and fundamental rights stipulated in the Convention on women and children, which includes the following: 19. Escort is a person or institution that has the ability to do this sacrifice to do counseling, therapy, legal services and advocacy, to strengthening the recovery of victims; 20. Perempunan protection agency and service provider is the Child against violence, hospital-based, privately run together in the form of medical services (including medicolegal), pisko-social and legal services; 21. Safe House is a place of temporary residence which is used to provide protection for women and children victims in accordance with standard operational procedures or abbreviated SOP; 22. The public is individuals, families, groups, social organizations and other civic organizations. CHAPTER II PRINCIPLES, basic and OBJECTIVE article 2 a. respect for human rights; b. non-discrimination; c. the best interests for women and or children;

11 a. d. the right to life, survival, and development; e. respect for the opinions of women and children; f. Justice and gender equality; g. protection of victims. Article 3 the purpose of organizing the protection of women and children victims of violence are: a. ensure the correct fulfillment of the rights of women and children in accordance with the legislation in force; b. preventing and protecting children against violence and perempunan; c. encourage the society to carry out its obligations in the prevention and protection of women and children in accordance with the legislation in force. d. restore the victims due to acts of violence. CHAPTER III rights of the VICTIM are entitled to a Victim of article 4: protection of the family, police, prosecutors, courts, legal aid, social agencies, or other parties either temporarily or on the basis of the determination of the Court of protection orders; b. health services in accordance with medical needs;

12 local governments and all the parties carry out the protection of women and children in Maluku province is mandatory pushed continuously, the enforcement of the rights of women and children appropriate regulation of this area, including the harmonization of efforts with other legal provisions. c. Handling specifically relating to the confidentiality of the victim; d. Mentoring by social workers and legal assistance at any rate review process in accordance with the provisions of the legislation; and e. the Ministry of spiritual guidance. Article 5 in the event of a violent act, every victim deserves a good accompaniment psychologically as well as the law and get assurances over his rights with regard to its status as a wife, mother, daughter, family member or as a member of society. CHAPTER IV PREVENTION of PROTECTION and RESTORATION of the first part of the responsibility for the prevention and protection of article 6 13 (5) article 7 protection Prevention and recovery of women and children victims of the kekerasaan became the obligation of local governments, individuals, families, communities, social organizations and other civic organizations or in accordance with the legislation in force. Article 8 (1) to assist in coordinating the duties and responsibilities of local authorities as referred to in article 7, the regional government to form the Institute for the protection of women and children. (2) the Protection of women and Children based in the provincial capital, with the working area covers the entire province of Maluku. (3) at the Kabupaten/Kota in Maluku province formed the Institute for the protection of women and children. (4) the establishment of Institutions for the protection of women and Children in each Kabupaten/Kota becomes the responsibility of the local government district/city. In addition to the present provinces, regencies and cities, women and children Protection Institution be formed the present Sub to ketingkat Country/village or Kelurahan according to needs.

14 (1) of article 9 (1) a Member Institution for the protection of women and Children at least provincial level consists of the provincial local government, Police, Prosecutors, courts, hospitals, and non-governmental organizations, community leaders and the institution of legal aid. (2) a Member Institution for the protection of women and Children at least Kabupaten/Kota level consists of the local government district/city, Police, Prosecutors, courts, hospitals, NGOs, community leaders and the institution of legal aid. (3) a member of the Institute for the protection of women and Children at least Sub level consists of the Government District, the police, hospitals/health centers, NGOs, community leaders, and the institution of legal aid. Article 10 Protection Agency Administrators women and children at least consist of a Chairman, a Vice-chairman, a Secretary, a Treasurer and the fields as needed. (2) the term of protection agency administrators women and children is three (3) years from the date of his inauguration, accounting as a sysop.

3 (3) the Chairman, Vice-chairman, Secretary and Treasurer of the institution for the protection of women and Children was appointed for a period of governance and can be reappointed for only one period to the next. Article 11 (1) the working relationship between the protection of women and children with local governments is the functional relationship and non-structural relationship. (2) in the relationship that is both functional as intended in paragraph (1) each appropriate governance level can do is coordinate in the execution of the task. Article 12 (1) relationships and working mechanism of the institution for the protection of women and Children for all levels are set by the Governor for the province with regulations of the Governor and to the Kabupaten/Kota with regulation of the Bupati/Walikota. (2) relationship and mechanism of action of institutions for the protection of women and Children for the State/district, villages or other designation assigned by regulation Bupati/Walikota.

16 e. f. part two duties and responsibilities chapter 13 women and children's Protection Agencies at all levels carry out the duties and responsibilities of prevention, protection and recovery against the women and children victims of violence. Article 14 prevention Tasks as referred to in Article 13, include: a. mensosialisasi various laws invitations related to rights, obligations of prevention and protection of women and children; b. conduct monitoring against kekerasaan cases which occurred on women and children; c. education and training on preventive measures and protection against kekerasaan action over women and children; d. receive, collect and manage data as well as information about the existence of kekerasaan treatment on women and children; monitoring and evaluation on women and child victims of violence; reported the alleged acts of kekerasaan based on the report of the victims as well as information from the other party of the occurrence of violence against women and children to the appropriate authorities in accordance with the applicable invitation militate.

17 h. Article 15 protection and Restoration Tasks as referred to in Article 13, include: a. apply to agencies or authorities to issue a determination or decision of the protection for women and children or victims of violence; b. do the health care or medical condition needs appropriate physik or psichis victims; c. perform services specifically related to the confidentiality of the victim; d. conduct mentoring and advocacy at every level of the legal proceeding, if the case is prosecuted by law in accordance with the legislation in force; e. ministering spiritual guidance according the religion embraced by victims; f. do economic empowerment according the fields of interest of the victim; g. top isin authorized in accordance with the applicable invitation militate, placing women and children victims of violence at home safe or safe house while assigned for the purpose of protection. In addition to the duties and responsibilities of prevention, protection and recovery, then in the event of the occurrence of kekerasaan in the household, Women and Child Protection Agencies can intervene measures in the form of a settlement between husband and wife or another victim.

18 article 16 of prevention, protection and recovery against the women and children victims of violence as referred to in article 14 and article 15 given away free of charge, fast, secure, empathetic, non discrimination and still guarantee the confidentiality of the victim. Article 17 (1) in carrying out its duties, the protection of women and children are responsible to their respective local governments, and the obligatory answer pertanggunggung report is submitted to the appropriate regional government offices for the purposes of coordination in the implementation of the task. (2) of the Ordinance and procedures of liability referred to in subsection (1) are governed further by Rules or regulations of the Governor and Regents/Mayors. Chapter V PROCEDURE and MECHANISMS of PREVENTION, protection and RECOVERY of WOMEN and CHILD VICTIMS OF VIOLENCE or of article 18 (1) in the framework of the effectiveness of the implementation of the tasks of prevention, protection and recovery of women and children victims of violence, established operational standards of procedures as


19 reference implementation mechanism in accordance with the applicable legislation and the conditions of the local community. (2) standard Operational Procedures as referred to in paragraph (1) established by regulation of the Governor. CHAPTER VI P E N D A N A A N article 19 (1) a local Government District of the province, and the city is obligated to provide the budget each year through the budget revenue and Expenditure Provinces, regencies and cities as well as other areas of revenue sources to finance the implementation of prevention, protection and recovery of women and children victims of violence. (2) the management of the budget for the activities of prevention, protection and recovery of women and children referred to in subsection (1) is carried out in accordance with the applicable invitation militate. CHAPTER VII P E N G A W A S A N article 20 implementation of local regulations against Surveillance was carried out by the local authorities and/or the community in accordance with the provisions of the applicable legislation.

(1) Chapter VIII of S A N K S I Protection Agency Administrators chapter 21 women and children in violation of the provisions of the regulation area is penalized in accordance with standard operational administartif the procedures set out by regulation and Governor or Regent/Mayor. Article 22 of the rules of this area which are criminal, prosecuted in accordance with the legislation in force. CHAPTER IX TRANSITIONAL PROVISIONS Article 23 for the first time management of Institutions for the protection of women and Children to the provincial level set with the Governor's Decision having regard to the provisions of this proposal as well as local regulations, advice and opinions from various institutions or bodies which work in the field of management, empowerment, prevention and protection of women and children victims of violence.

21 things that have not been provided for in the regulation of this area, all about the techniques of their implementation shall be governed by regulation of the Governor. (2) not later than within a period of 6 (six) months after the establishment of the rules this area, the regional Government of the province of Maluku obligatory coordination with local government district/city and facilitate the Protection of women and Children to form the institution of protection of women and children at all levels in accordance with the Regulations in this area. (3) a person or institution and organizer, empowerment, prevention and protection of women and children which was formed prior to the enactment of the regulation of this area, selambat-the survival one year after promulgation of the regulation of this area, must comply with local regulations and the provisions of the applicable legislation. CHAPTER X PROVISIONS COVER Article 24 22 Article 25 local regulations valid on the date of promulgation. So that everyone can know it, ordered the enactment of regulations in this Area with its placement in the Maluku province, the Area of the sheet. Set in Ambon on June 20, 2012, MALUKU GOVERNOR KAREL ALBERT RALAHALU TTD Enacted in Ambon on June 20, 2012 REGIONAL SECRETARY of the Moluccas, TTD Nn. ROSA FELISTAS FAR-FAR SHEET REGION of MALUKU PROVINCE in 2012 the NUMBER 02 23 EXPLANATION of APPLICABLE LOCAL PROVINCE MALUKU number 02 2012 ABOUT ORGANIZING the PROTECTION OF WOMEN and CHILDREN VICTIMS OF VIOLENCE in MALUKU i. GENERAL the fourth paragraph in the preamble of the Constitution of 1945 saying that "----countries protect Nations Indonesia and all the spilled blood Indonesia and to promote the general welfare, the intellectual life of the nation and implement the world order based on independence, social justice and lasting perdamian----dstnya---". Thus, the country of Indonesia has the function and purpose of protecting all of the nation of Indonesia, and all the spilled blood of Indonesia, promote the general welfare, the intellectual life of the nation and implement the world order based on independence, the immortal perdamian and social justice. In order to achieve one of the functions of the State namely protect the whole nation of Indonesia, has done various normative and penegakannya dibidamg measures to protect citizens including women and or children. Implementation of the child protection function and or the woman has 24 conducted by the Government through the promulgation of various provisions of the Constitution including the following invitation militate, Law number 6 of 1974 on provision of social welfare, the Principal provisions of Act No. 4 of 1979 on child welfare, Law number 7 of 1984 On Ratification of the Convention On the Elimination of all forms of Number of discrimination against women (the Convention On The Elimination Of All Forms of Discrimination Againts Women , Law Number 39 of 1999 on human rights, Law Number 23 of 2002 On child protection, Law Number 23 of 2004 on the Elimination of domestic violence, Government Regulation No. 4 of 2006 On the Organization of Cooperation and recovery of victims of violence In the home, the Presidential Decree Number 36 in 1990 about the endorsement of the Convention on the rights of the child; Presidential Decree Number 88 in 2002 Of the national action plans (RAN) removal of Trafficked women and children as well as various laws-other invitations. Although government policies in the field of legislation have been formulated with firm efforts for child protection and or women, including efforts to protect children and or perempunan violence, but in reality the intensity of violence for children and women in Maluku Province or the appropriate increased from time to time, without being followed by pencegehan efforts and its protection.

25 In the empirical, is one of the important factors that influence in the process of prevention and protection of perampuan and/or over this, because in the existing legislation, are not arranged expressly on the Ordinance and procedures of prevention and protection. Therefore with the drafting of the Rules of conduct of the Maluku region of Provins for the protection of women and children victims of violence, or is expected to be progressively decrease the intensity of the violence against women and children in the province or Maluku. Protection of women and children victims of violence or are based on the principles and the principles of human rights, according to the General Declaration of human rights, the Basic Undag 1945 which has been implemented into the rules of perundanng-invitation in Indonesia, namely respect for human rights, non-discrimination, the best interests for women and children, or the right to life, survival and development, respect for the opinions of women and children or gender, justice and equality and the protection of victims. With the basic principles and the expected protection of women and children victims of violence or is an effort to uphold human rights. Thus the material Rules this area in addition to set things the subject matter relating to the rights and obligations of women or children, and also specifically arranged about the responsibility of the prevention and protection of women and children victims of violence, or procedures and procedures for the prevention and protection, 26 administrative sanctions, funding tailored to the characteristics of the Maluku province as the region of the Islands, as well as criminal sanctions and the principles of decentralization and regional autonomy venue. II. For the SAKE of ARTICLE ARTICLE article 1 article 2 is quite clear Who is meant by respect for human rights is pengargaan and treatment against perenmpuan and or child has rights as part of human rights. The definition of non-discrimination is all the actions and deeds that do not dissect-bedahkan based on the background of the economic, social, cultural, political, gender, age, religion, race and other stuff. The definition of the best interests for women and children or are all actions pertaining to women and children or undertaken by the Government, the public, the legislature and the judicial bodies, where the best interests for women and or child must be a primary consideration.

27 article 4 is the right to life, survival, and development is a human right that is the most mandasar for women and or children protected by the State, Government, communities, families, and the elderly. What is meant by respect for the opinions of women and children is a tribute or tarhadap the rights of women and children or to participate and stated his opinion in taking decisions especially when it comes to things that affect their lives. What is meant by fairness and gender equality is respect for the position of women includes girls and on par with other community equitably, without membedahkannya in diskrimintif in all aspects of life. What is meant by protection of victims is the action undertaken to prevent and protect women and children who acquire or acts of violence both physically and physikis. Article 3 sufficiently clear clear enough article 5 sufficiently clear


28 article 6 referred to the provisions of other laws in this article is a higher national legislation, customary law, Islamic law and other stuff. Article 7 Quite obviously article 8 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) Authorizes the establishment of a women and children's Protection Agencies present district/city handed handed over to the Bupati/Walikota according the Affairs of decentralization and autonomy of areas handed over to the district/city. Subsection (4) is quite clear subsection (5) Authorizes the establishment of Institutions for the protection of women and Children, the village or Subdistrict level that is referred to by other names and villages left to the Bupati/Walikota because Subdistrict/village or called by another name as well as the village of 29 is is an extension of the Kabupaten/Kota. Article 9 paragraph (1) the elements of the regional Government of the province referred to in the present article consists of social service, the hospital are appointed by the Governor of Maluku, Maluku Province Empowerment Agency, Department of industry and trade of the Province of Maluku, Maluku Provincial Cooperative Department, Department of education and culture of Maluku province, and Setda Welfare Bureau of Maluku. Paragraph (2) the elements of the local government district/city adjusted to the provincial level. Paragraph (3) for the districts, villages and Wards established by regulations of the Bupati/Walikota according the conditions and needs of each region. Article 10 sufficiently clear article 11 paragraph (1) the functional Relationship and not the structural relationships in this paragraph describes relationships in organisatoris in a field of 30 Governments, but there are relationships in relation to functions implemented. Paragraph (2) sufficiently clear article 12 s/d Article 33 ADDITIONAL SHEET quite clearly the AREA of MALUKU PROVINCE number 02