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Regulation Of The Minister Of Law And Human Rights The Number M. Hh-07. Ot. 01:03 In 2011 In 2011

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor M.HH-07.OT. 01.03 TAHUN 2011 Tahun 2011

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REPUBLIC OF INDONESIA STATE NEWS

No. 323, 2011 MINISTRY OF LAW AND HAM. The construction of the UPT Correctional Service. Master Plan.

REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA

NOMOR:M. HH-07.OT.01.03 2011

ABOUT

BUILDING MASTER PLAN

THE TECHNICAL MANAGING UNIT OF THE ENVIRONMENT MINISTRY OF LAW AND HUMAN RIGHTS

WITH THE GRACE OF GOD ALMIGHTY

THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,

THE DRAW: A. That the state of the state of the correctional institutions and the home of the state's custody as the current Correctional Technical Managing Unit is largely overcapacity, so that in addition to the impact of supervision, service, and control, may also lead to Human rights violations;

b. That in the Technical Managing Unit of the Correctional Service, which is already overcapacity, as it is referred to in letters a, there is need to be rehabilitation, reconstruction, or new construction of the correctional institution and the house of state prisoners poured in. in a master plan that is comprehensive, centralized, and coordinated, to execute planning, execution, monitoring and evaluation of execution based on good, successful, transparent, and accountable governance principles;

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c. that under consideration as intended in letter a, the letter b, and the letter c, need to specify the Regulation of the Minister of Law and Human Rights on the Master Plan of Development of the Technical Managing Unit Corrections in the Environment of the Ministry of Law and Human Rights;

Given: 1. Act No. 12 of 1995 on Penitentiary (Sheet State Republic Of Indonesia 1995 Number 77, Additional Sheet Of State Republic Of Indonesia Number 3614);

2. Law Number 39 of 1999 on Human Rights (Sheet State Republic Of Indonesia In 1999 Number 165, Additional Sheet Of State Republic Of Indonesia Number 3886);

3. Government Regulation No. 27 of 1983 on the Implementation Of The Law Of The Law Of The Criminal Event (sheet Of State Of The Republic Of Indonesia In 1983 Number 36, Additional Sheet Of State Republic Indonesia Number 3258) as amended by Regulation Government Number 58 Year 2010 on Changes to Government Regulation No. 27 Year 1983 on Implementation Of The Law Of The Law Of The Criminal Event (sheet Of State Of The Republic Of Indonesia In 2010 Number 90, Additional Sheet Of State Of The Republic Of Indonesia) Number 5145);

4. Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State;

5. Presidential Decree No. 24 of 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 as amended by the Presidential Regulation No. 67 of 2010 on Changes to the Presidential Regulation No. 24 of 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;

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6. Law and Human Rights Act Number M. HH.01.PR.01.01 2010 on the Strategic Plan of the Ministry of Law and Human Rights (News of the Republic of Indonesia 2010 Number 38);

7. Law and Human Rights Law Number M. HH.05.OT.01.01 of 2010 on the Organization and the Work of the Ministry of Law and Human Rights of the Republic of Indonesia (News of the Republic of Indonesia 2010 No. 676);

8. Regulation of the Minister of Law and Human Rights Number M. HH-01.PP.01.01. 2011 on Tata Cara Preparing for the Design of the Ministerial Regulation on the Environment of the Ministry of Law and Human Rights (News of the Republic of Indonesia of Indonesia Year 2011 Number 252);

9. The Decree of the Minister of Justice No. 02-PR.07.03 Year 1987 on the Organization and the Working Hall of Correctional Guidance and Child Alleviation as amended by the Decree of the Minister of Justice Number M. 01-PR.07.03 Year 1997 on Change Decision of the Minister of Justice No. 02-PR.07.03 Year 1987 about the Organization and the Working Office for Child Correction and Child Alleviation;

10. Decision of the Minister of Justice Number M. 01.PR.07.03 Year 1985 on the Organization and the Working Services of the Correctional Institution;

11. Decision of the Minister of Justice Number M. 04.PR.07.03 Year 1985 on the Organization and Workforce of the State Prisoners House and the State Repository Goods Repository;

12. Decision of the Minister of Justice Number M. 01.PL.01.01 of 2003 on the Pattern of Building A Correctional Technical Managing Unit;

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DECIDED:

SET: THE REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS ON THE MASTER PLAN OF BUILDING A TECHNICAL MANAGING UNIT IN THE ENVIRONMENT OF THE MINISTRY OF LAW AND HUMAN RIGHTS.

Article 1

The Master Plan of Construction of the Technical Managing Unit in the Environment of the Ministry of Law and Human Rights later called the Master Plan intended as a reference to planning the construction of the Managing Unit Comprehensive Correctional Engineering based on the analysis of priority and priority scale in accordance with the strategic plan of the Ministry of Law and Human Rights.

Article 2

The Master Plan as referred to in Article 1 is compiled with systematics as follows:

CHAPTER I PRELIMINARY

CHAPTER II STRATEGY DEVELOPMENT PLANNING

CORRECTIONAL TECHNICAL UNIT

CHAPTER III CLOSING.

Section 3

The Master Plan as referred to in Section 1 is set forth in the appendix and is an inseparable part of this Minister Regulation.

Section 4

The operational implementation of the Parent Plan as referred to in Section 1 is listed in the road map (road map) building of the Technical Managing Unit of Correctional 2012-2015.

Article 5

The Minister ' s Regulation is beginning to apply to the date of the undrased.

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For everyone to know it, ordering the Minister of the Union Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 1 June 2011

MINISTER THE REPUBLIC OF INDONESIA ' S LAW AND HUMAN RIGHTS,

PATRIALIS AKBAR

PROMULALISED IN JAKARTA ON 1 JUNE 2011

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

PATRIALIST AKBAR

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ANNEX OF LAW MINISTER AND HUMAN RIGHTS MINISTER OF THE REPUBLIC OF INDONESIA

NUMBER: M. HH-07.OT.01.03 YEAR 2011

MASTER PLAN CONSTRUCTION OF A CORRECTIONAL TECHNICAL ENGINEERING UNIT

IN THE ENVIRONMENT MINISTRY OF LAW AND HUMAN RIGHTS

CHAPTER I PRELIMINARY

A. General

The correctional institution as the Technical Managing Unit of Penitentiary and spearheading the execution of asas pengayoman is the place to undertake the coaching and safeguarding of correctional residents through education, rehabilitation, and Reintegration. In line with the role of the correctional institution, the correctional institution needs to be equipped with the means and infrastructure in order to execute a maximum of correctional citizen coaching programs.

At this time the institution conditions The penitentiary and the country's house of prisoners are mostly over-capacity. The number of residents of the Indonesian community is far beyond the capacity. Overcapacity will result in a variety of criminal cases involving convicts, such as cases of interconvict fighting as well as other cases of criminal conduct. Overcapacity also results in declining services and care, vulnerable to security and order disruption, weakening of the range of control and surveillance.

The overcapacity conditions are long and close to the whole institution. Prisons and state inmates in Indonesia are mainly in the big city. Efforts have been made to overcome this, for example with the construction of a new state's penitentiary and the home of a new state in the exchange area to increase the capacity of occupancy. In addition, rehabilitation is also a rehabilitation of the institutions and houses of the old state prisoners with the addition of residential spaces, optimizations of assimilation, parole, free leave of absence, family visits, and conditional leave. With such a move expected to be overoccupant of the community of correctional institutions and the home of a sizeable state prisoner could be overcome.

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The development of new state and state custody institutions, rehabilitation, and reconstruction was carried out as an effort to address the overcapacity of the residents of the state's incarceration institutions and the home of the state. The construction of a correctional institution and house of public prisoners in both rehabilitation and reconstruction is one of the efforts to increase occupancy capacity in order to cope with the above capacity, improving the quality of service and the following capacity. Ensure appropriate maintenance and security measures.

Fulfilment of the means and infrastructure of correctional institutions and state custody is an inseparable way of execution of the task and function of the institution Correctional and state prisoners ' houses, so budgetlement policies must be Consider the risks raised due to the non-compliance with the means and the infrastructure. Good development planning is necessary for the problem of overcapacity for correctional institutions and state prisoners ' houses can be addressed.

Therefore, the Ministry of Law and Human Rights need to structure the building patterns of institutions The correctional and house of state prisoners to address the overcapacity problem by drawing up the Ministerial Regulation on the Master Plan of the Development Unit of the Correctional Technical Unit in the Environment of the Ministry of Law and Human Rights.

B. Goal

The purpose of creating this Master Plan as a reference for:

a. plan the construction of a comprehensive Engineering Technical Managing Unit based on priority analysis and priority scale according to the strategic plan of the Ministry of Law and Human Rights;

b. plan the construction of the Correctional Technical Managing Unit so that it can solve the overcapacity problem.

C. Understanding

In this Minister ' s Rule referred to:

1. The Master Plan is a plan drawn up by the Ministry of Law and Human Rights to build the Correctional Technical Managing Unit.

2. The next Technical Managing Unit (UPT) is a unit that performs a portion of the duties and functions of the Ministry of Law and Human Rights in the areas of their respective regions.

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3. Technical Managing Unit in the field of Corrections which is below and is directly responsible to the Head of the Office of the Territories of the Ministry of Law and Human Rights.

4. House of Prisoners of State is the next to be called Rutan is a technical acting unit in the area of detention for the benefit of the investigation, prosecution and examination at the Court hearing which is below and directly responsible to the Chief Office. The Territories of the Ministry of Law and Human Rights.

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CHAPTER II OF PLANNING STRATEGY

BUILDING UPT CORRECTIONAL

A. Drafting of the UPT Correctional Development Plan

In carrying out the activities of the construction of the Lapas or Rutan needs to be made the scale of the priority of the Lapas and Rutan development on the region undergoing overcapacity or the region possible as The buffer over capacity. Construction of UPT Correctional Services is divided into 3 (three) priority groups:

1. Priority I of the region that has overcapacity above 75%

No. Area Capacity

Over Capacity

Percentage (%)

1 Sumatra North 6674 15194 8520 128 2 Islands Riau 1072 1996 924 86 3 Riau 1555 4697 3142 202 4 Jambi 978 2103 1125 115 5 Bengkulu 730 1298 568 78 6 DKI Jakarta 5056 10921 5865 116 7 West Java 7808 15206 7398 95

8 Kalimantan Timur

1642 3814 2172 132

2. Priority II is the region that has an overcapacity of 50% to

with 75%

No. Area Capacity Area

Over Capacity

Percentage (%)

1 Sumatra South 4028 6187 2159 54

2

Nangroe Aceh Darussalam

1973 3433 1460 74

3 Kalimantan south 2404 3716 1312 55

4 West Kalimantan 1500 2523 1023 68

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3. Priority III is the region that has an overcapacity of less than 50%

No. Area Capacity Over

Percentage capacity

(%)

1 Lampung 2887 4312 1425 49 2 West Sumatra 1951 2448 497 25 3 D.I. Yogyakarta 913 1241 328 36 4 East Java 10682 15513 4831 45 5 Sulawesi Central Sulawesi 1180 1576 396 34

6 Southeast Sulawesi

1035 1498 463 42

7 Bangka Belitung 860 969 109 12 8 Java Central Java 11736 9805--

9 Central Kalimantan

1912 1711--

10 North Sulawesi 1630 1539--11 Gorontalo 410 566 156 19 12 South Sulawesi 4661 3717--13 Bali 1432 1712 280 17

14 East Nusa Tenggara

2820 2828 8 6

15 Moluccas 1360 772--16 Maluku North 1023 554--17 West Papua 436 401--18 Papua 1558 1199--

19 West Nusa Tenggara

1196 1616 420 35

20 Banten 3163 4542 1379 44 21 West Sulawesi 334 400 66 20

Based on that capacity data, the region being the main priority of the construction of Lapas or Rutan in order to increase occupancy capacity is not only considering the percentage of overcapacity but also must consider the number of excess inhabitants of the Lapas or Rutan region.

As for The main priority is the consideration of the excess occupants above 1500 (a thousand five hundred) people, so it is urgent to build Lapas or Rutan as an overcapacity buffer, namely:

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No. Over Capacity Area of Content Over

Percentage capacity

(%)

1 Sumatra North 6674 15194 8520 128

2 Riau 1555 4697 3142 202

3 DKI Jakarta 5056 10921 5865 116

4 West Java 7808 15206 7398 95

5 Borneo East 1642 3814 2172 132

6 Sumatra South 4028 6187 2159 54

7 Java East 10682 15513 4831 45

B. Implementation of the IBM SaaS Development Plan

Implementation of the construction plan UPT Correctional Services must be based on the need and scale of a continuous priority.

The efforts made in addition of capacity must be appropriate with the budget available so that the strategy is required in determining the development plan that includes:

1. New Development

The new construction is done in an area that undercapacity more than 75% (seventy-five percent) with a threshold of excess capacity exceeding 1500 (thousand five hundred) people.

2. Redevelopment

Redevelopment or reconstruction was carried out as a rearrangement effort of UPT Correctional which experienced an overcapacity of 50% (fifty percent) up to 75% (seventy-five percent). Reconstruction is made if the location is still possible in terms of space and area of available land, but if it is not possible, it is possible to relocate to other places that are still in the same region. In its operations it still uses the old organizational unit.

3. New Development in the Area Area

The construction of a new UPT Correctional Service which is implemented in the region-exchange area in order to meet the needs of the law enforcement agencies in the region.

4. Rehabilitation or Renovation

Rehabilitation or renovation is conducted on UPT Correctional which is still possible to add its capacity to the level of overcapacity up to 50% (fifty percent).

C. Monitoring and Evaluation of Monitoring on the implementation of UPT's development

Correctional Services are conducted regularly with focus on follow-up findings covering work and constraints. In addition to monitoring,

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Another thing to do is evaluation of the results of planning and implementation of development.

The evaluation results will be used for the formulation of policy, planning and implementation of UPT development The next correctional.

The implementation of the monitoring and evaluation of the construction of UPT Correctional Services is performed according to their respective tasks and functions.

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CHAPTER III CLOSING

The overcapacity handling strategy of the Lapas or Rutan population is carried out through new construction, redevelopment (reconstruction) or relocation, new development on the region of area-exchange, and rehabilitation or remodeling is done on a priority scale.

The Master Plan is expected to be a reference in order to handle overcapacity for the hosting of rights especially worthy of occupancy in order of care for the prisoners and execution of coaching for inmates as well as the regularity of survival development of Lapas or Rutan.

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

PATRIALIST AKBAR

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