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Regulation Of The Minister Of Law And Human Rights The Number 16 In 2012

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 16 Tahun 2012

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STATE NEWS
REPUBLIC OF INDONESIA

No. 752, 2012
SOCIAL MINISTER REGULATION OF THE REPUBLIC OF INDONESIA
No. 16 YEAR 2012
ABOUT
PROFESSIONAL SOCIAL WORKER CERTIFICATION AND
SOCIAL WELFARE POWER

WITH THE GRACE OF THE ALMIGHTY GOD

SOCIAL MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a. that to implement the provisions of Article 53 of the Law Number 11 Year 2009 on Social Welfare, need to form a Social Minister ' s Regulation on the Certification of Professional Social Workers and Social Welfare;
B. that the Regulation of the Social Ministers Number 108 /HUK/2009 on Certification for Professional Social Workers and Social Welfare as amended by the Regulation of Social Ministers Number 08 /HUK/2011, the reality is still unaccommodated matter. in the certification process, so it needs to be replaced;
c. that under consideration as referred to in letter a and letter b, need to establish the Social Minister ' s Regulation on the Certification of Professional Social Worker and Social Welfare;

Remembering: 1. Law No. 11 Year 2009 on Social Welfare (State Sheet Indonesia Year 2009 Number 12, Additional Sheet of State of Indonesia Indonesia Number 4967);
2. Government Regulation No. 39 of 2012 on the Hosting Of Social Welfare (Sheet State Of The Republic Of Indonesia 2012 Number 68, Additional Sheet Of State Republic Of Indonesia Number 5294);
3. Presidential Decree No. 84 /P of the Year 2009 on the Establishment of the United Indonesia Cabinet II;
4. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State which has been several times amended, last with the Presidential Regulation Number 91 of 2011;
5. Regulation of the President of the Republic of Indonesia No. 24 Year 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, Duty, and Functions of the Ministry of State which has been several times amended, last with Regulation President Number 92, 2011;
6. Social Minister Regulation Number 86 /HUK/2010 on the Organization and the Working Governance of the Ministry of Social Affairs;

DECIDED:

Establish: Social Minister ' s regulations on the certification of professional social workers and social welfare personnel.

BAB I
UMUM CONDITIONS
Section 1
In Regulation of this Minister, referred to by:
1. The next professional social worker is called a social worker is a person who works, both in government and private institutions that have the competence and professions of social work, and concern in the social work. through education, training and/or social work practice experience to carry out service tasks and handling social issues.
2. The next TKS-abbreviated Social Welfare is a person who is educated and trained professionally to carry out service tasks and handling social problems and/or someone who works, both in government agencies Or private, whose scope of activities is in the field of social welfare.
3. Certification is the process of granting certificates to Social Workers and TKS through competency trials.
4. Competency is an IBM Business and/or IBM Cloud Service that is the most important and all-of-the-person-to-work performance of the Cloud Service, including the following:
5. Professional and Social Welfare Certification and Social Welfare Institute that is subsequently called the Certification Institution is an independent institution authorized to provide an assessment to determine the appropriate qualifications and competency in the IBM International Business Unit. The field of social welfare.
6. The certificate is a letter of decision on the qualifications and competence of the Social Workers and TKS set by the Minister of Social Affairs.
7. Asesor is a person based on his competence appointed and dismissed by the Minister of Social Affairs as well as having the assignment of the Institute of Certification to conduct an assessment of the qualifications and competence of the Social Workers and TKS.
8. The competency level is the level of ability that includes knowledge, practical experience/skills, and value in social work practices.
9. Qualification is the skill and skill required to carry out a profession.
10.Practice of social work is a service given by the Social Workers and/or TKS in order to deal with the social problems faced by individuals, families, groups or communities.
11.Permission of Practice is a mandate or authority granted by the Minister of Social Affairs in the form of a decision to a certified Social Worker and TKS to carry out the practice of social work.


Section 2
Certification is intended to determine the qualifications and competence of the Social Workers and TKS in social work practices based on the standards of the social worker profession and the TKS according to the skills needed in social work practice.

Section 3
Certification aims:
a. protect the public to acquire a quality social welfare service;
B. enhance the responsibility of the Social Workers ' profession and the TKS;
c. provide recognition of the qualifications and competence of the Social Workers and TKS; and
D. provide legal certainty in self-working practice for Social Workers and TKS.

BAB II
CERTIFICATION
The Kesatu section
Window
Section 4
Certification is performed to determine the qualifications and competency of the Social Worker and TKS.

Section 5
(1) The person as referred to in Section 4 for the social worker consists of:
a. social worker ' s assistant;
B. the generalist social worker; and
c. Specialist social worker.
(2) The person as referred to in Article 4 for the TKS consists of:
a. TKS assistant;
B. TKS generalis; and
C. TKS specialist.


The Second Part
Mechanism
Section 6
Certification is exercised objectively, transparent, and accountable.

Section 7
(1) Certification is done in the way:
a. submit a request in writing to the Institution of Certification;
B. fill out the form and is equipped with a defined requirement; and
(c) IBM may not use any of the following:
(2) The invocation of the application as referred to in paragraph (1) the letter a may be delivered individually or collectively.


Section 8
(1) Certification is done with a competency test through:
a. immediate certificate grant;
b .training certification;
c. professional education; or
D. Direct assessment.
(2) The competency test as referred to in paragraph (1) includes aspects:
a. knowledge;
B. Experience of experience/entanglability; and
c. value in the social work practice.
(3) Direct certification (s) as specified in paragraph (1) the letter of a competency through a portfolio.
(4) certification of certification, profession education and direct assessment as referred to in paragraph (1) letter b, letter c, and letter d, performed competency test through:
a. portfolio;
B. written exam;
c. test practice.


The Third Part
Requirements
Section 9
(1) The requirement of following a social worker ' s assistant certification through the granting of a direct certificate must meet the provisions:
a. at least 50 (fifty) years of age;
B. Educated SMK social welfare/social work up to Diploma III/Bachelor young Social Work/Social Welfare; and
c. having a minimum working experience of 20 (twenty) years.
(2) The requirement of following a social worker ' s assistant certification through certification training must meet the provisions:
a. Educated SMK social welfare/social work up to Diploma III/Bachelor young Social Work/Social Welfare; and
B. has a minimum working experience of 3 (3) years.
(3) The requirements of following the certification of assistant social workers through the education of the profession must meet the educated provisions of SMK social work/Social welfare.
(4) The requirements following the certification of social worker assistants through direct assessment must meet the educational provisions of SMPS/SMK social work/social welfare up to a Diploma III social welfare/welfare work.
(5) Requirements as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4), supplemented by a recommendation of a job organization/organization of the working place.


Section 10
(1) The requirement of following a generalist social worker certification through a direct certificate grant must meet the provisions:
a. at least 50 (fifty) years old;
B. educated Diploma IV/strata 1 social/social welfare work; and
c. having a minimum working experience of 20 (twenty) years.
(2) The requirement of following a generalist social worker certification through certification training must meet the provisions:
a. educated Diploma IV/strata 1 social/social welfare work; and
B. has a minimum working experience of 3 years;
(3) The requirements of following the certification of generalist social workers through profession education must meet the educational provisions of SMPS/SMK social work/social welfare up to a Diploma III social/social welfare work.
(4) The requirement of following a generalist social worker certification through a direct assessment must meet the provisions:
a. educated Diploma IV/strata 1 social/social welfare work; and
B. has a minimum working experience of 3 years.
(5) Requirements as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are supplemented by the recommendations of a job organization/work organization.


Section 11
(1) The requirement of following a specialist social worker certification through the granting of a direct certificate must meet the provisions:
a. at least 50 (fifty) years old;
B. educated strata 2/Specialist I Social welfare/Social welfare work;
c. have a minimum working experience of 20 (twenty) years; and
D. already got a certificate of a generalist social worker.
(2) The requirement of following a specialist social worker certification through certification training must meet the provisions:
a. Strata 2/Specialist I Specialist/Social welfare job;
B. have a minimum working experience of 3 years; and
c. already got the certificate of a generalist social worker.
(3) The requirement of following a specialist social worker certification through a profession education must meet the provisions:
a. educated Diploma IV/Strata 1 Social work/Social welfare; and
B. already got a certificate of a generalist social worker.
(4) The requirement of following a specialist social worker certification through a direct assessment must meet the provisions:
a. Strata-educated Strata 2/specialist 1 Social welfare/welfare work; and
B. already got a certificate of a generalist social worker.
(5) Requirements as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are supplemented by the recommendations of a job organization/work organization.


Section 12
(1) The social worker of a generalist and/or specialist who has had a certificate from an educational institution and training from another State is recognized as a certification by the Government through direct certificate grant.
(2) The granting of the direct certificate as referred to in paragraph (1) is done with the provision:
a. obtain a recommendation from the organization of the profession/organization of the working place; and
B. has been a direct service in Indonesia for at least one (one) year.


Section 13
(1) The requirements of following the TKS assistant certification through the granting of a direct certificate must meet the provisions:
a. at least 50 (fifty) years old;
B. educated SLTA up to Diploma III non social welfare/social welfare; and
c. having a minimum working experience of 20 (twenty) years.
(2) The requirements of following the TKS assistant certification through certification training must meet the provisions:
a. educated SLTA up to Diploma III non social welfare/social welfare; and
B. has a minimum working experience of 3 (3) years.
(3) The requirement of following TKS assistant certification through profession education must meet the educated provision of SLTA.
(4) The requirement of following TKS assistant certification through direct assessment must meet the highly educated provision of the SLTA/Diploma III non social/social welfare work.
(5) Requirements as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are supplemented by the recommendations of a job organization/work organization.


Section 14
(1) The requirement of following a TKS generalist certification through the granting of a direct certificate must meet the provisions:
a. at least 50 (fifty) years old;
B. educated Diploma IV/ strata 1 non social welfare/social welfare; and
c. having a minimum working experience of 20 (twenty) years.
(2) The requirements of following TKS generalist certification through certification training must meet the provisions:
a. Diploma educated IV/strata 1 non social welfare/social welfare; and
B. have a minimum working experience of 3 (3) years;
(3) The requirement of following TKS generalist certification through profession education must meet the education of the SLTA up to the Diploma III non-social welfare/social welfare.
(4) The requirement of following TKS generalist certification through direct assessment must meet the educational provisions of Diploma IV/ strata 1 non social welfare/social welfare.
(5) Requirements as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are supplemented by the recommendations of a job organization/work organization.


Section 15
(1) The requirements of following a specialist TKS certification through the granting of a direct certificate must meet the provisions:
a. at least 50 (fifty) years old;
B. Educated Strata 1/Specialist 1 non social welfare/social welfare;
c. have a minimum working experience of 20 (twenty) years; and
D. already got a TKS Generalis certificate.
(2) The requirements of following a specialist TKS certification through certification training must meet the provisions:
a. Educated Strata 1/Specialist 1 non social welfare/social welfare;
B. have a minimum working experience of 2 (two) years; and
a. already got a TKS Generalist certificate
(3) The requirement of following a TKS specialist certification through a profession education must meet the provisions:
a. educated Strata 1/Diploma IV non social welfare/social welfare;
B. already got a TKS Generalis certificate.
(4) The requirements of following a specialist TKS certification through a direct assessment must meet the provisions:
B. Strata 2/Specialist 1 non social welfare/social welfare specialist; and
c. has had a TKS generalist certificate.
(5) Requirements as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are supplemented by the recommendations of a job organization/work organization.


The Fourth Part
Execution
Section 16
(1) To be able to obtain a certificate as an assistant social worker and a social welfare assistant executed through a direct certificate grant is performed with a competency test against a portfolio assessment that includes:
a. formal education;
B. non formal education;
c. vocational training;
D. social work practice experience;
e. Awards are relevant to the social work practice; and
f. Work experience in social welfare institutions.
(2) To be able to obtain a certificate as a generalist social worker and/or a generalist social welfare specialist and social welfare specialist exercised through direct certificate granting after fulfilling The requirements for a competency test for portfolio assessment are included:
a. formal education;
B. Profession education;
c. non formal education;
D. Professional/vokasi; training e. social work practice experience;
f. work development work;
G. Participation in the scientific forum;
h. award relevant to the practice of social work;
i. work experience within social welfare institutions; and
J. experience in a profession organization.


Section 17
Social workers and TKS who do not meet the direct certificate granting requirements can follow certification through certification training, profession education or direct assessment.

Section 18
Social workers who follow certification through a profession education are exercised by following a formal education of social social work/social welfare work that is continued with the competency test.

Section 19
TKS that follow certification through profession education are exercised by following a formal education in accordance with the profession owned and continued with the competency test.

Section 20
Social workers and TKS who follow certification through certification training are executed by following certification training.

Section 21
Social workers and TKS who follow certification through an immediate assessment are executed directly following the competency test.

Section 22
The provisions of qualifications and competences, professional education, and certification training are further regulated by the Minister of Social Affairs.

The Fifth Part
Certificate Gift
Section 23
(1) Social and TKS workers who have passed the competency test are proposed to the Minister of Social Affairs by the Certification Institute to obtain the designation and awarding of the certificate.
(2) the Minister of Social Affairs in setting and delivering the certificate as referred to in paragraph (1) is assisted by the Honorary Council.
(3) The certificate referred to in paragraph (1) is valid for 5 (five) years and may be extended after recertification.


Section 24
The provisions of the assessment terms, procedures, and assignment of certification assessment results are further regulated by the Head of the Board of Education and Social Welfare Research.
The Sixth Part

Honorary Board Certification
Section 25
(1) The Certification Board of Honor is established by the Minister of Social Affairs consisting of experts in the field of social welfare/social welfare.
(2) The membership of the Honorary Council of Certification as referred to in paragraph (1) is appointed and dismissed by the Minister of Social Affairs.
(3) The Membership Council ' s membership of Certification as referred to in paragraph (1) amounts to 5 (five) persons consisting of a member of the members and 4 (four) members of the member.


Section 26
Honorary Board of Certification as referred to in Article 25 of the paragraph (1), has the duty of giving consideration to the Minister of Social Affairs:
a. appointment and termination of asesor;
B. granting and revocation of the Certificate;
c. dismissal of the Certification Institution member; and
D. Certification policy development.
The Seventh Part
Practice Permission
Section 27
(1) Certified Social and TKS workers may carry out the practice after obtaining permission from the Minister of Social Affairs.
(2) To obtain the permission as referred to in paragraph (1), the holder of the certificate submitted a written request to the Minister of Social Affairs through the Certification Institute.
(3) The permit of practice as referred to in paragraph (1), set with the Decision of the Minister of Social Affairs.


Section 28
(1) The practice permit as referred to in Section 27 paragraph (3), valid for 5 (five) years and may be extended after re-certification.
(2) The extension is as referred to in paragraph (1), submitted to the Minister of Social Affairs through the Certification Institution with the recommendation of the organization of the profession/organization of the working place.
(3) The permission of the practice as referred to in paragraph (2), may be revoked by the Minister of Social Affairs on the proposal of the Certification Institute upon receiving a recommendation from the organization of the profession/organization of the working place.


BAB III
CERTIFICATION INSTITUTION
The Kesatu section
Institutional, Tasting, and Authority
Section 29
(1) The Certification institution is based in the State Capital.
(2) The Institute of Certification as referred to in paragraph (1), formed and responsible to the Minister of Social Affairs.


Section 30
(1) The Certification Institute carries out an assessment of the Social Workers and TKS.
(2) The assessment as referred to in paragraph (1), is independent.
(3) The results of the assessment as referred to in paragraph (1), delivered by the Institute of Certification to the Minister of Social Affairs to be specified.


Section 31
The Certification Agency has a task:
a. assemble, establish the criteria and task of the asesor;
B. carrying out asesor selection
c. assigning to the asesor to carry out the competency test;
D. monitoring and evaluating the execution of the competency test by the asesor; and
e. apply for a social work practice permit to the Minister of Social Affairs.

Section 32
Certification agencies authorized to propose to the Minister of Social Affairs:
a. appointment and termination of the asesor; and
B. the results of the certification assessment against Social Workers and TKS.

The Second Part
Certification Institution Organization
Section 33
(1) The Organization of Certification Instituations consists of:
a. 1 (one) the member of the parent-group;
B. 1 (one) the member of the co-chair of the member; and
C. 9 (nine) members of the member and/or at least 4 (four) members.
(2) The Certification institution is assisted by:
a. asesor; and
B. Secretariat.


Section 34
The membership of the Certification Institution as referred to in Article 33 of the paragraph (1), meets the requirements as follows:
a. nationals of Indonesia;
B. healthy physical and spiritual;
c. behave properly;
D. educated strata II/specialist I social welfare/social welfare;
e. primarily experienced social work practices;
f. primarily experienced work in social welfare institutions;
G. primarily experienced within the organization of the profession;
No, The main priority has to be a work development work;
I. preferred to have awards relevant to social work practices; and
M. primarily experienced work in social welfare institutions.

Section 35
(1) Membership of the Institute of Certification as referred to in Article 33 of the paragraph (1), was appointed and dismissed by the Minister of Social Affairs.
(2) The membership of the Certification Institution has a duty period of 3 (three) years.
(3) Membership of the Institution Certification as referred to in paragraph (2), may be reappointed for 1 (one) times the period of the task after graduation of selection.


Section 36
(1) A person can be appointed as a member of the Certification Institution after passing the selection conducted by the selection committee.
(2) The membership of the Certification Institution may be dismissed before the completion of its term if:
a. died the world;
B. resigning;
c. sentenced on the basis of the Court decision which has had the power of the law fixed;
D. cannot carry out duties either due to illness or other reasons; and
e. It's proven to violate the ethical code of social work
(3) Membership dismissed as referred to in paragraph (2), its successor must meet the requirements of being a member of the Certification Institution without the selection process.


Section 37
(1) The Asesor as referred to in Article 33 of the paragraph (2) of the letter a, in charge of carrying out the assessment of the qualifications and competency of social workers and TKS.
(2) Asesor as referred to in paragraph (1), executed by a certified Social Worker and TKS.


Section 38
(1) The Secretariat as referred to in Article 33 of the paragraph (2) of the letter b, in charge of assisting the execution of the task of Certification Institution.
(2) The members of the secretariat as referred to in verse (2), are appointed and dismissed by the Head of the Board of Education and Social Welfare Research.
(3) The Secretariat as referred to in paragraph (1), presided over by a secretary, is held by the head of the eselon II work unit which is certified.


Section 39
(1) The occupation of the secretariat is in the Eselon II Working Unit that is vexing certification.
(2) The Secretariat as referred to in paragraph (1), can be formed at 6 (six) Great Hall of Education and Social Welfare Training of the Ministry of Social Affairs.


Section 40
The provisions of the function and the work order of the Certification Institute are further set up with the Certification Institution Regulation.

The Third Part
Selection Committee
Section 41
(1) The selection committee as referred to in Article 36 of the paragraph (1), formed by the Minister of Social Affairs.
(2) The selection committee, as referred to in paragraph (1), is responsible for the selection of candidate selection of the Certification Society which includes the network, judgment and determination of selection results.
(3) In terms of the selection results as referred to in paragraph (2), unfulfilled, advanced selection is done.
(4) Advanced selection as referred to in paragraph (3), may only be followed by a participant who has never been registered and followed the selection before.


BAB IV
FINANCING
Section 42
Any financing required for the implementation of Certification is sourced from the State Revenue and Shopping Budget.

BAB V
TRANSITION PROVISIONS
Section 43
At the beginning of the enactment of this Social Minister Regulation:
a. Membership of the Institution of Certification has been appointed before this Minister's Regulation may be re-established to be a member of the Certification Society by applying to the Minister of Social Affairs without the selection process; and
B. membership of the Certification Institution and the asesor were first granted a direct certificate by the Minister of Social Affairs.

BAB VI
CLOSING PROVISIONS
Section 44
On the beginning of this Regulation, the Regulation of the Social Ministers Number 108 /HUK/2009 on Certification for Professional Social Workers and Social Welfare as amended by the Regulation of Social Ministers Number 08 /HUK/2011 was revoked and declared not applicable.

Section 45

Regulations of the Regulation of the Social Ministers Number 108 /HUK/2009 on Certification for Professional Social Workers and Social Welfare as amended by the Regulation of the Social Ministers Number 08 /HUK/2011, remain in effect. along neither contradictory nor being replaced under this Minister ' s Rule

Section 46
The Minister ' s rules are beginning to apply at the date of the invitation.

In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Set in Jakarta
on July 12, 2012
SOCIAL MINISTER
REPUBLIC OF INDONESIA,

SALIM SEGAF AL JUFRI


Promulgated in Jakarta
on July 17, 2012
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN