Regulation Of The Ombudsman Of The Republic Of Indonesia Number 10 In 2012

Original Language Title: Peraturan Ombudsman Republik Indonesia Nomor 10 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51a5f76e80a2a8313233373038.html

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Back NEWS REPUBLIC of INDONESIA No. 135, 2012 REPUBLIC of INDONESIA REGULATION OMBUDSMAN OMBUDSMAN of the REPUBLIC of INDONESIA number 10 in 2012 on the IMPLEMENTATION of GOVERNMENT REGULATIONS on the establishment, COMPOSITION, and the WORK of the OMBUDSMAN of the REPUBLIC of INDONESIA'S REPRESENTATIVE in the REGION with the GRACE of GOD ALMIGHTY CHIEF OMBUDSMAN of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 3 paragraph (2) of article 7, paragraph (2), article 12, article 19 the Government Regulation Number 21 in 2011 on the establishment of Composition, and the Ombudsman of the Republic of Indonesia Representatives Working in the area need to set rules of the Ombudsman of the Republic of Indonesia on the implementation of government regulations on the establishment, Composition, and the Ombudsman of the Republic of Indonesia Representatives Working in the area;
Remember: 1. Act No. 37 in 2008 about the Ombudsman of the Republic of Indonesia (the State Gazette of the Republic of Indonesia Year 2008 Number 139, an additional Sheet of the Republic of Indonesia Number 4899);
2. Act No. 25 of 2009 about public service (State Gazette of the Republic of Indonesia Number 112 in 2009, an additional Sheet of the Republic of Indonesia Number 5038);
3. The Government of the Republic of Indonesia Number 45 in 2010 about earning Money, honor, and other rights of the Chairman, Vice Chairman, and members of the Ombudsman of the Republic of Indonesia (the State Gazette of the Republic of Indonesia Number 62 in 2010, an additional Sheet of the Republic of Indonesia Number 5128);
4. The Government of the Republic of Indonesia Number 21 in 2011 about the formation, Composition, and the Ombudsman of the Republic of Indonesia Representatives Working in the area of (State Gazette of the Republic of Indonesia Number 42 in 2011, an additional Sheet of the Republic of Indonesia Number 872);
5. Regulations of the President of the Republic of Indonesia Number 20 of 2010 of the Secretariat General of the Ombudsman of the Republic of Indonesia.
6. Regulations of the Ombudsman of the Republic of Indonesia number 2 in 2009 about the procedures for the examination and settlement Report;
7. Regulation of the Ombudsman of the Republic of Indonesia number 5 in 2010 about the terms, the procedures for the appointment, Dismissal, as well as the duties and responsibilities of an Assistant Ombudsman; (News of the Republic of Indonesia year 2010 Number 604);

Decide: define: REGULATION of the OMBUDSMAN of the REPUBLIC of INDONESIA on the IMPLEMENTATION of GOVERNMENT REGULATIONS on the establishment, COMPOSITION, and the WORK of the OMBUDSMAN of the REPUBLIC of INDONESIA'S REPRESENTATIVE in the region.
CHAPTER I GENERAL PROVISIONS article 1 in this rule is: 1. The Ombudsman of the Republic of Indonesia which is hereinafter referred to the Ombudsman are State agencies that have authority to oversee the conduct of the Ministry both pubik held by organizers of the State and Government including those held by State-owned enterprises, Regional-owned enterprises, legal entities and State-owned as well as private bodies or individuals who are given the task of organizing the public service in particular that some or all of their funds from the budget of revenue and expenditure of the State and/or budget revenue and spending areas.
2. The Secretariat-General of the Ombudsman of the Republic of Indonesia is the Government in carrying out the tasks and functions are on the bottom and is responsible directly to the leadership of Ombudsman of the Republic of Indonesia.
3. The Assistant Ombudsman is appointed by the Chief Officer of the Ombudsman on the basis of the consent of the meeting of the members of the Ombudsman to assist the Ombudsman in the exercise of those powers, duties and functions.
4. A representative of the Office of the Ombudsman is Ombudsman in the province or district/city which has hierarchical relationship with the Ombudsman.
5. The head of the Ombudsman's representative is a person appointed by the Chief Ombudsman to lead Ombudsman offices in the area.
6. Government regulation is the regulation of Government of Republic of Indonesia Number 21 in 2011 about the formation, Composition, and the Ombudsman of the Republic of Indonesia Representatives Working in the area.
CHAPTER II ESTABLISHMENT of a MECHANISM of REPRESENTATIVE OMBUDSMAN article 2 (1) the Ombudsman the Ombudsman's representatives may form in areas of the province and/or the County Town was gradually adapted to the needs and availability of resources.
(2) the establishment of a representative of the Ombudsman can be derived from the initiative of the Ombudsman or can be derived from the proposed stakeholders.
(3) in the event that the proposed establishment of a representative of the Ombudsman comes from stakeholders, the proposal is submitted in writing to the Chief Ombudsman.
Article 3 (1) the proposed establishment of a representative of the Ombudsman referred to in article 2 may be followed up by forming teams of preparation of the formation of a representative of the Ombudsman established by the Chief Ombudsman.
(2) to follow up on the proposals referred to in paragraph (1), the Chair of the plenary meeting the Ombudsman Ombudsman for approval.
(3) in the case of meetings plenary approved the proposal of the Chairman the Ombudsman formed a team of representatives of the Ombudsman establishment preparation consisting of the members of the Ombudsman, the Assistant Ombudsman, the Secretariat-General, and other necessary items.
(4) in case the plenary meeting did not approve the proposal then the Chief Ombudsman delivered a letter notice to proposers are accompanied by reasons.
Article 4 (1) the determination of the formation of a representative of the Ombudsman must be specified in the seat of the capital of the province or district/city.
(2) in the case of certain representatives of the Ombudsman in the areas of the province may be domiciled outside the provincial capital.
Article 5 (1) preparation of the establishment of the Ombudsman's representative Team in charge of conducting the feasibility study regarding the needs of the community, the availability of resources, the effectiveness, efficiency, complexity, and workload.
(2) the feasibility study referred to in subsection (1) is implemented based on guidelines set out by the Chief Ombudsman.
(3) the results of the feasibility study is submitted to the Chief Ombudsman for further discussed in plenary meetings of the members of the Ombudsman for approval.
(4) in the case of meetings plenary Members approved the results of the feasibility study then Chief Ombudsman tasked the Secretary General to conduct the administrative preparations include: a. selection of the head of representation of the Ombudsman and the Assistant Ombudsman;

b. provision of office facilities and infrastructure;

c. appointment of Chief Representative and the Assistant Ombudsman;
d. the initial orientation to the Chief Representative and the Assistant Ombudsman appointed.
Article 6 (1) in some cases, conducting the feasibility study and selection of prospective head of representation of the Ombudsman may involve third parties its implementation in accordance with the legislation.
(2) in terms of conducting the feasibility study and selection of the candidate referred to in subsection (1) is carried out in accordance with the terms and qualification standards established by the Chief Ombudsman.
(3) the provisions referred to in paragraph (1) and paragraph (2) apply also to the implementation of the Ombudsman's Assistant candidate selection will be placed on the representative of the Ombudsman.
CHAPTER III PROCEDURES for the IMPLEMENTATION of article 7 the AUTHORITY in performing its duties and functions, the representative of the Ombudsman is authorized to: a. request the information orally and/or in writing from the Rapporteur, Reported, or other relevant parties regarding the report that was delivered to representatives of the Ombudsman;
b. examine the decision, correspondence, or other document on the reporting or Reported to obtain the truth of a Report;
c. requesting clarification and/or copies or photocopies of required documents from any agencies for examination report or Reported from institutions;
d. do the callings against Reporters, Reported, and others associated with the reports;
e. complete the report through mediation and conciliation at the request of the parties;
f. deliver suggested recommendations to the Ombudsman regarding the completion of the report, including the proposal recommendation to pay compensation and/or rehabilitation to the party aggrieved; and g. the interests common to announce the results of the findings, conclusions, and recommendations.
Article 8 (1) of the whole execution of the functions and duties of the Ombudsman's representative as referred to in article 7 the obligatory reported to the Chief Ombudsman periodically on every end of the month.
(2) to exercise the authority referred to in article 7 letter b, Chief Representative of the event made the news completion of examination on the same day to the Chairman conveyed to the Ombudsman the longest 3 (three) days after completion of the examination of the event made news.
(3) to exercise the authority referred to in article 7 letter c and the letter d, head of the representative is obligated to deliver copies of a letter of request for clarification and calls against Reporters, Reported, and others associated with the report to the Chief Ombudsman.
(4) to enforce the authority of the sebagimana referred to in article 7 letter e, head of the Representative is obligated to report the results of the mediation and conciliation at the request of the parties, the longest of three (3) days after completion of mediation and reconciliation to the Chief Ombudsman.
Article 9 (1) to exercise the authority of the sebagimana referred to in article 7 letter f, head of the Representative is obligated to deliver the report results to get an autograph request recommendations from the Chairman of the Ombudsman accompanied by copies of all documents the completion of the report.
(2) the concept of recommendation at once included in delivery of the report include: a. a description of the report submitted to the Obudsman;

b. a description of the examination results;

c. form of Maladministrasi that has occurred;
d. conclusions and opinions to the Ombudsman about the things that need to be implemented and boss Reported Reported.
(3) the Recommendation was signed by Chairman delivered back kepeda Chief Representative;

(4) the head of the Representation convey recommendations to the Rapporteur, Reported, and supernal Reported in writing within fourteen (14) business days counted from the date the recommendation was signed by Chairman of the Ombusman.
Article 10 to run the authority referred to in article 7 letter g, head of the Representative is obligated to consult in advance to the head of the Ombudsman before announcing the results of the findings, conclusions, and recommendations.

Article 11 (1) in the event that a representative of the Ombudsman gets obstacles in carrying out tasks and authority or in dealing with the alleged Maladministrasi that gets the attention of the public, the Ombudsman can take over these tasks and authorities for follow up.
(2) Obstacles or suspected Maladministrasi that gets the attention of the community as referred to in paragraph (1) notified in writing by the Chief Representative to the head of the Ombudsman accompanied by obvious reasons.
Article 12 Provisions on the implementation of the authority in this chapter are determined in the guidelines set out by the decision of the Chairman of the Ombusman.

CHAPTER IV ORGANIZATION and the WORK of article 13 (1) the Ombudsman Representative Organization consists of: a. a Representative Head;

b. at most 5 (five) persons Assistant Ombudsman;
c. elements of the Secretariat which is in charge of General Secretariat staff to support the implementation of the functions, duties, and powers of the Ombudsman's representative.
(2) the staff of the Secretariat as referred to in paragraph (2) Letter c, lifted and placed by the Secretary-general amount to suit your needs.
Article 14 (1) Assistant Ombudsman appointed Ombudsman Representatives and placed in running the function helps the head of Representation in the completion report, prevention, and surveillance.
(2) the Assistant Ombudsman referred to in subsection (1) is responsible to the Chief Representative of the Ombudsman.
Article 15 (1) of the staff of the Secretariat General of the Ombudsman the Ombudsman's representatives stationed in structurally responsible to the Secretary General of the Ombudsman.
(2) the staff of the Secretariat General of the Ombudsman in its work in support of the implementation of the functions, duties, and powers of the Ombudsman's representative is responsible to the head of representation.
(3) the exercise of the functions, duties, and powers of the Ombudsman's representative as referred to in paragraph (2) covers the Organization of the Ministry of personnel administration, finance, administration, security, equipment, and kerumahtanggaan representative of the Ombudsman.
Article 16 (1) basically the scope of work areas and authorized representatives of the Ombudsman in accordance with the administrative region-place representatives of the Ombudsman are.
(2) in case necessary, the scope of the area referred to in subsection (1) may be extended the territory it works based on the decision of the Chief Ombudsman.
Article 17 (1) in the event that a representative of the Ombudsman was established in the County/city in the administrative region Representative Ombudsman in the province, then the head of the representation of the province of compulsory Ombudsman Representative coordinating the Ombudsman Kabupaten/Kota.
(2) a representative of the Ombudsman Kabupaten/Kota have hierarchical relationship with representatives of the Ombudsman of the province area.
(3) in the hierarchical relationships as referred to in paragraph (2), the representative of the Ombudsman of the province is obligated to perform the construction by applying the principle of coordination, integration, and synchronization with the provisions referred to in chapter III of this regulation.
Chapter V PROCEDURES for selection, APPOINTMENT, and TERMINATION of the HEAD of REPRESENTATION is considered part of the procedures for the selection and appointment of the head of Representation Article 18 each citizen of the Republic of Indonesia has an equal chance to be appointed to be head of the Ombudsman's representatives after fulfilling the requirements specified in the regulations of the Government.

Article 19 (1) to fill the Chief Representative of the formation of Ombudsman, the Chief Ombudsman establish a representative head of candidate selection team Ombudsman.
(2) Charging the formation as referred to in paragraph (1) upon the approval of the plenary meeting of the members of the Ombudsman.
Article 20 (1) selection team candidates Head Reps Ombudsman announced openly to the public about the existence of the selection and registration of the candidate Representative to fill the Chief representatives of the Ombudsman in the region.
(2) the announcement referred to in subsection (1) may be conducted through electronic or print media, or a notice to stakeholders, colleges, or other media that can be accessed by the public.
(3) a Selection referred to in subsection (1) is done through the screening stage include: a. administrative requirements;
b. the written exam;
c. profile assessment; and d. the interview.
(4) selection administrative requirements, the written exam, and profile assessment conducted by the selection team Chief Representative candidate Ombudsman.
(5) selection interviews conducted by members of the Ombudsman appointed by the Chair of the Ombudsman as the team selection of the head of representation of the Ombudsman.
(6) selection of the interview referred to in subsection (5) includes material on leadership, integrity, and competence of the candidates.
Article 21 (1) a mandatory selection team announced the candidate head of a representative selection of stages ranging from administration, passed the written exam, graduation from the profile assessment and interviews to obtain feedback from the public in print, electronic, and/or bulletin board that is easily seen by the public.
(2) the community may provide a response to the prospective head of the Ombudsman's representative as referred to in paragraph (1) since the announced candidates passed selection administration until the date of implementation of the interview.
Section 22 (1) selection team candidates Head Reps Ombudsman as stipulated in article 20 has a duty: a. announce registration acceptance the candidate head of the representation of the Ombudsman;

b. registration of prospective head of representation of the Ombudsman;

c. carry out selection of administration;

d. announced the results of the selection of the Administration;

e. prepared material written exam;

f. determine the guidelines of examination and assessment test;

g. determine the venue and schedule written exam;

h. organizes written exam;

i. check and determine the results of the written exam; and j. specify, announce, and pass three (3) candidates Head representative of the Ombudsman.
(2) in carrying out the tasks referred to in paragraph (1), the Chief Representative of candidate selection team Ombudsperson worked openly with attention to the participation of the community in the area.
(3) a representative head of candidate selection team Ombudsman at once served as referred to in paragraph (1) letter a to letter i against the prospective Assistant Ombudsman that would be placed on the representative of the Ombudsman.
(4) the Conditions referred to in subsection (3) applies only to the formation of a new Ombudsman Representative.
(5) a representative head of candidate selection team Ombudsman referred to in paragraph (3) convey the name of candidate 2 (two) times the needs of prospective Assistant Ombudsman Ombudsman to the Chairman.
Article 23 (1) selection team candidates Head Reps Ombudsman delivered a three (3) the name of the candidate for the Chief Representative of the Ombudsman as stipulated in article 10 paragraph (1) Letter j to the head of the Ombudsman.
(2) the three nominees referred to in subsection (1) are discussed in the plenary meeting of the members of the Ombudsman for approval by setting one (1) candidate Chief Representative of the Ombudsman.
(3) one candidate elected as referred to in paragraph (2) was passed in a plenary meeting and assigned by the Chief Ombudsman.
(4) determination of candidate names Assistant Ombudsman for the first time the establishment of the Ombudsman's representatives also discussed in plenary meeting of members to be appointed and placed on the Ombudsman Representative amount according to your needs.
(5) the Chief Representative and Assistant to the Ombudsman who has been designated as referred to in paragraph (3) and paragraph (4) was announced publicly via print, electronic, and/or bulletin boards.
Article 24 In particular, the team selection of the head of Representation and selection Assistant Ombudsman may involve third parties held in accordance with the legislation.

The second part of the dismissal of the head of Representation of article 25 (1) the Chief Representative of the Ombudsman may be removed from Office if it meets the conditions referred to in article 17 paragraph (1) and paragraph (2) of the Regulation.
(2) the head of the Ombudsman's representatives meet the conditions as referred to in article 5 paragraph (1) was dismissed with respect through the approval of the plenary meeting of the members of the Ombudsman.
(3) the head of the Ombudsman's representative meets the conditions referred to in article 17 paragraph (2) was dismissed with no respect through the approval of the plenary meeting of the members of the Ombudsman.
(4) within thirty (30) days after it is approved by the plenary meeting, the Chair of the Ombudsman publishes decision of dismissal of Chief Representative of the Ombudsman.
(5) the head of a Representation referred to in subsection (3) has the right to propose self-defense to the Ombudsman concerning the alleged infringement.
(6) in the case of the head of Representation referred to in subsection (5) does not propose self-defense then Chief Ombudsman publishes decision of dismissal of Chief representatives of the Ombudsman in accordance with the time limit referred to in paragraph (4).
(7) in case the head representative of the Ombudsman submits self-defense then Chief Ombudsman hosted the special meeting held to accept or deny the self-defense as referred to in paragraph (6).
(8) the results of the special meeting referred to in subsection (7) submitted and discussed at the plenary meeting of Ombudsmen to decided.
Article 26 (1) to fill the vacancy the post of head of the representatives of the Ombudsman, the Chief Ombudsman can assign an Assistant Ombudsman with the lowest level of the post of Assistant to the Associate acting as the longest one (1) year and may be extended one (1) year.

(2) to fill the vacancy the post of head of the representatives of the Ombudsman referred to in subsection (1), the Chief Ombudsman establish a replacement candidate selection team Head representative of the Ombudsman.
Chapter V CLOSING PROVISIONS article 27 of the regulation this Ombudsman entered into force on the date specified.

So everyone knows that Regulatory enactment this Ombudsman ordered by placement in the news of the Republic of Indonesia.

Established in Jakarta on February 1, 2012 CHAIRMAN of OMBUDSMAN of the REPUBLIC of INDONESIA, DANANG GIRINDRAWARDANA Enacted in Jakarta on February 1, 2012 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, AMIR SYAMSUDDIN * not yet in the form of loose sheets fnFooter ();