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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51e99718709900313233393032.html

Microsoft Word-bn323-2011 REPUBLIC of INDONESIA No. 323, 2011 MINISTRY OF JUSTICE and HUMAN RIGHTS. The Construction Of Correctional UPT. The Master Plan. REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA number: m. HH-07. OT. 01:03 in 2011 ABOUT the MASTER PLAN of the DEVELOPMENT of TECHNICAL IMPLEMENTING CORRECTIONAL ENVIRONMENT in the MINISTRY OF LAW and HUMAN RIGHTS by the GRACE of GOD ALMIGHTY the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, Considering: a. that the correctional facility and home of the country's prisoners as Technical Implementing Correctional currently most experienced overkapasitas, so that in addition to the impact of a declining service, surveillance, and control , can also lead to violations of human rights; b. that in Implementing the Technical Corrections which are already experiencing overkapasitas referred to in letter a, the need for rehabilitation, reconstruction or development of new correctional and custody homes country that poured in a master plan that is comprehensive, centralized, coordinated, and to carry out planning, implementation, monitoring, and evaluation of implementation based on the principle of good governance, managed, transparent, and accountable; www.djpp.kemenkumham.go.id 2011, no. 323 2 c. that based on considerations as referred to in letter a, letter b, letter c, and the need to set a regulation of the Minister of law and human rights about the master plan of the development of technical Implementing Correctional Environment in the Ministry of Justice and human rights; Remember: 1. Act No. 12 of 1995 concerning Corrections (State Gazette of the Republic of Indonesia Number 77 in 1995, an additional Sheet of the Republic of Indonesia Number 3614); 2. Act No. 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); 3. Government Regulation Number 27 in 1983 on the implementation of the book of the law of criminal procedure (State Gazette of the Republic of Indonesia Number 36 in 1983, an additional Sheet of the Republic of Indonesia Number 3258) as amended by the Government Regulation Number 58 in 2010 about changes to the Government Regulation Number 27 in 1983 on the implementation of the book of the law of criminal procedure (Law Gazette of the Republic of Indonesia Number 90 in 2010 Additional Sheets, the Republic of Indonesia Number 5145); 4. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries; 5. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as amended Presidential regulation Number 67 in 2010 about changes to the presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries; www.djpp.kemenkumham.go.id 2011, no. 3233 6. Regulation of the Minister of law and human rights the number M HH. 01. Pr. 01:01 2010 strategic plan of the Ministry of law and human rights (News of the Republic of Indonesia year 2010 Number 38); 7. Regulation of the Minister of law and human rights the number M HH. 05. OT 01:01 of 2010. about the Organization and the Work of the Ministry of law and human rights Republic Indonesia (Republic Indonesia in 2010 Number 676); 8. Regulation of the Minister of law and human rights the number m. HH-01. PP. 01.2011 about the procedures for Preparing a draft Ministerial Regulation in the environment of the Ministry of law and human rights (News of the Republic of Indonesia in 2011 Number 252); 9. The decision of the Minister of Justice m. Number 02-PR. 07.03 in 1987 about the Organization and the work of Civic Guidance and Alleviation Hall Children as amended by decision of the Minister of Justice m. Number 01-PR. 07.03 in 1997 about the changes to the decision of the Minister of Justice m. Number 02-PR. 07.03 in 1987 about the Organization and the work of Civic Guidance and Hall Alleviating child; 10. The decision of the Minister of Justice Number m. 01. Pr. 07.03 in 1985 about the Organization and the work of Correctional Institutions; 11. The decision of the Minister of Justice Number m. 04. Pr. 07.03 in 1985 on the Organization and Work of State Prisoners Home and Home Storage Objects Confiscated State; 12. The decision of the Minister of Justice Number M. 01.01:01 pl. in 2003 about the pattern of Building Technical Implementing Correctional; www.djpp.kemenkumham.go.id 2011, no. 323 4 decide: define: REGULATION of the MINISTER of LAW and HUMAN RIGHTS ABOUT the MASTER PLAN of the DEVELOPMENT of TECHNICAL IMPLEMENTING CORRECTIONAL ENVIRONMENT in the MINISTRY OF JUSTICE and human rights. Article 1 the master plan of the development of technical Implementing Correctional Environment in the Ministry of Justice and human rights hereinafter referred to as the master plan is intended as a reference for planning the development of technical Implementing comprehensive Correctional based on needs analysis and the scale of priorities in accordance with the strategic plan of the Ministry of law and human rights. Article 2 the master plan referred to in article 1 are compiled by systematics as follows: chapter I INTRODUCTION CHAPTER II IMPLEMENTING DEVELOPMENT PLANNING STRATEGY CORRECTIONAL TECHNICAL CHAPTER III covers. Article 3 the master plan as referred to in article 1 are listed in the Appendix and part of which is inseparable from the regulation of the Minister. Article 4 implementation of the master plan of operations referred to in article 1 are listed in the Roadmap (road map) Technical Implementing Correctional development 2012-2015. Article 5 this Ministerial Regulation comes into force on the date of promulgation. www.djpp.kemenkumham.go.id 2011, no. 3235 to let everyone know, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on June 1, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR Enacted in Jakarta on June 1, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR www.djpp.kemenkumham.go.id


2011, no. 323 6 ATTACHMENT of REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA number: m. HH-07. OT 01:03 in 2011. The MASTER PLAN of the DEVELOPMENT of TECHNICAL IMPLEMENTING CORRECTIONAL ENVIRONMENT in the MINISTRY OF JUSTICE and HUMAN RIGHTS CHAPTER I INTRODUCTION a. General correctional facility as a Technical Implementing Correctional and spearhead the implementation of basic shelter is the place to do the construction and safeguards of citizens assisted correctional through education, rehabilitation, and reintegration. In line with the role of the correctional facility, correctional facility need to be equipped with the infrastructure and facilities in order to carry out the program of coaching citizens assisted correctional the most. On the current condition of the correctional facility and houses most of the country's prisoners are experiencing over capacity. The number of inmates of correctional facility in Indonesia already far exceed the capacity should be. Overkapasitas condition will cause the occurrence of various cases of criminal acts involving the prisoners, such as the case of fights antarnarapidana as well as the case of other criminal acts. Overkapasitas also resulted in a decrease in service and maintenance, security and public order disturbances vulnerable, weakening the span of control and supervision. Conditions of overkapasitas is long and almost happening throughout the correctional facility and home of the State's prisoners in Indonesia are mainly located in major cities. Numerous attempts have been made to resolve such matters, for example with the construction of correctional and custody homes new States on the territory of the expansion to increase capacity. It also conducted rehabilitation of correctional and custody homes of the old country with the addition of residential space, optimizing the granting of parole, assimilation, leave towards the free, on leave visiting family, and furlough are conditional. With steps like that expected excess inmates correctional and custody homes large enough countries could overcome. www.djpp.kemenkumham.go.id 2011, no. 3237 Development correctional facility and a new State custody homes, rehabilitation, and reconstruction was done in an effort to overcome the occupants over-capacities correctional facility and home of the country's prisoners. The construction of the correctional facility and home of the State's prisoners in the form of rehabilitation or reconstruction is one of the efforts of improving the capacity of the residence in order to address the over capacity, improve the quality of service and ensure the Organization of construction and better security. Fulfilment of correctional facilities and infrastructure and the country's detention houses is a must which is inseparable from the exercise of the duties and functions of correctional and custody homes State budgeting policy, so that it must consider the risks that arise due to the no fulfillment of facilities and infrastructure. Good development planning is required in order for the problem of overkapasitas correctional facility and houses State prisoners can be overcome. Therefore, the Ministry of Justice and human rights the need to compile the pattern construction of correctional and custody homes country to deal with the problem of overkapasitas by arranging ministerial regulation about the master plan of the development of technical Implementing Correctional Environment in the Ministry of Justice and human rights. B. Purpose the purpose of the preparation of this master plan as a reference for: a. planning the development of technical Implementing comprehensive Correctional based on needs analysis and the scale of priorities in accordance with the strategic plan of the Ministry of law and human rights; b. Technical Implementing development planning of prisons so as to solve the problem of overkapasitas. C. understanding in this ministerial regulation is: 1. The master plan is a plan drawn up by the Ministry of Justice and human rights to establish a technical Executing Unit of prisons. 2. The technical Implementing Correctional hereinafter called UPT Correctional unit is carrying out some tasks and functions of the Ministry of Justice and human rights in the field of corrections in their respective territories. www.djpp.kemenkumham.go.id 2011, no. 318 8 3. Unit technical implementers in the field of corrections under and is responsible directly to the head of the Regional Office of the Ministry of law and human rights. 4. The prisoner's Home Country is hereinafter referred to as Rutan is implementing technical unit in the field of detention for the purpose of investigation, prosecution and examination in the Court of session under and is responsible directly to the head of the Regional Office of the Ministry of law and human rights. www.djpp.kemenkumham.go.id 2011, no. 3239 CHAPTER II CORRECTIONAL UPT DEVELOPMENT PLANNING STRATEGY a. Drafting development plan UPT Correctional in carrying out development activities or Lapas Rutan need to be made a priority scale of development at Rutan and Lapas area which experienced overkapasitas or region made possible as buffer over capacity. UPT Correctional development is divided into three (3) groups of priority: 1. Priority I that is an area that has overkapasitas over 75% No. Area Capacity Contents Over Capacity Percentage (%) 1 in North Sumatra Province of Riau Islands 6674 15194 8520 128 2 1072 1996 924 86 3 Riau, Jambi 1555 4697 3142 202 4 978 2103 1125 115 5 730 1298 568 78 6 Bengkulu Jakarta 7808 15206 7398 95 8 5056 10921 5865 116 7 West Java, East Kalimantan 1642 3814 2172 132 2. Priority II that is an area that has overkapasitas 50% up to 75% No. Area Capacity Contents Over Capacity Percentage (%) 1 South Sumatra 4028 6187 2159 54 2 Nangroe Aceh Darussalam 1973 3433 1460 74 3 South Kalimantan, West Kalimantan, 2404 3716 1312 55 4 1500 2523 1023 68 www.djpp.kemenkumham.go.id


2011, No. 323 10 3. Priority III, that is territory that has overkapasitas No less than 50%. Area Capacity Contents Over Capacity Percentage (%) 1 Lampung Sumatera Barat 2887 4312 1425 49 2 1951 2448 497 25 3 Di Yogyakarta 913 1241 328 36 4 East Java, Central Sulawesi 10682 15513 4831 45 5 1180 1576 396 34 6 Southeast Sulawesi 1035 1498 463 42 7 Bangka Belitung Central Java 11736 9805-860 969 109 12 8-9 Central Kalimantan 1912 1711-North Sulawesi 1630 1539-10--11 410 566 156 19 12 4661 3717 South Sulawesi Indonesia-Bali 1432 1712 280 17-13 14 East Nusa Tenggara, Maluku 1360 772-2820 2828 8 6 15-16 North Maluku 1023 554--17-436 401 West Papua New Guinea 18th-19th-1558 1199 West Nusa Tenggara 1196 1616 420 35 20 Bantam 3163 4542 1379 44 21 West Sulawesi 334 400 66 20 based on the capacity data, the region that became the top priority development Lapas or Prisons in order to increase capacity not only consider the percentage occupancy overkapasitas but should also consider the amount of excess inmates Lapas or Rutan each region. As for the main priority areas are consideration excess inmates above 1500 (one thousand five hundred) people, so it is urgent to be built as a buffer or Rutan Lapas overkapasitas: www.djpp.kemenkumham.go.id 2011, no. 32311 No. Area Capacity Contents Over Capacity Percentage (%) 1 North Sumatra's Riau 6674 15194 8520 128 2 1555 4697 3142 202 3 5056 10921 5865 116 4 West Java Jakarta 7808 15206 7398 95 5 1642 3814 2172 132 6 East Kalimantan, South Sumatra, East Java 4028 6187 2159 54 7 10682 15513 4831 45 b. Implementation Plan Implementation plan development Correctional UPT UPT Prisons should be based on the needs and priorities of a continuous scale. The efforts made in adding capacity should be in accordance with the available budget so that necessary strategies in determining the development plan which includes: 1. development of New Development recently performed on the area that is experiencing a overkapasitas of more than 75% (seventy five percent) with a threshold of overcapacity to exceed 1500 (one thousand five hundred) people. 2. Rebuilding the rebuilding or reconstruction was done in an effort to realignment of the UPT Correctional overkapasitas who experienced a 50% (fifty percent) up to 75% (seventy five percent). The rebuilding was done in at that location is still possible in terms of space and the available land area, but if not possible then do the relocation to another place which is still located at the same area so in its still using the old organization unit. 3. New developments in the area of Blossoming Development the new Correctional UPT held on blossoming region in order to meet the needs of law enforcement agencies in the region. 4. Rehabilitation of the rehabilitation or renovation or remodeling done on UPT Correctional which is still possible to add capacity to the level of overkapasitas up to 50% (fifty percent). C. monitoring and evaluation Monitoring implementation against the construction of the UPT Correctional carried out periodically with a focus on follow-up findings include close work and constraints. In addition to monitoring, www.djpp.kemenkumham.go.id 2011, no. 323 12 other things that must be done is the evaluation of the results of the planning and execution of development. The results of the evaluation will be used for policy formulation, planning and implementation of construction of Correctional UPT. Implementation of the monitoring and evaluation of development Correctional UPT conducted in accordance with the duties and functions of each. www.djpp.kemenkumham.go.id 2011, no. 32313 D. P e ta J à la n (R o a d M a p) P e m b a n g u n a n U P T P e m a s y a r k a n-2 0 1 2 2 0 1 5 ta P e ta ja la n p e m b a n g u n a n U P T P e m a s y a r k a ta n s e b a g a i b e ri k u t: P E M B A N G U N A N N U E L P IT A K S A N A T E K N IS P E M A S Y A R A K A T A N T A H U N 2 0 1 2 N o P o ri ri ta s I P s o ri ri ta II P ri ri ta o s II I 1 N A N G R O E A C H E D A R U S S A S A L M A N A N G R O E A C H E D A R U S S A S A L M A N A N G R O E A C H E D A R U S S A S A L A M L P K N L a n g s a (S a r a n a O p e ra s io n a l) L P B e n e r a M e ri a h (T a rg e t M in im a l O p e r s o n a l 2 0 1 3) L P B a n d a a c e h (L a n ju ta n) L P w a n it a S ig li (s a r a n a o p e ra s io n a l) L la n g B P p id ie (T a rg e t M in im a l O p e r s o n a l 2 0 1 5) C a b a n g R u n ta L k h o N g a (L a n ju ta n) C a b a n g R u n ta S in g k il (L a n ju ta n) 2 S u m a te U ta ra ra S u m a te U ta ra ra S u m a te ra ra ta L P U K N P e ta m a n g S ta n he r (s a r a n a o p e r s o n a l m in im a l) L P L a n g k a t (T a rg e t M in im a l O p e r s o n a l 2 0 1 4) R u ta n M e d a n (R e k o n s tr u k s i) L P K N L a n g k a t (T a rg e t M in im a l O p e r s o n a l 2 0 1 4) R u ta n H u m b a n g H a s u n d u ta n (T a rg e t M in im a l O p e r s o n a l 2 0 1 4) 3 R it u R it u R it u L a p a s P e a k a n b a r u u/k li m (L a n ju ta n) [m in im a l o p e r s o n a l e P T L] rb u k a R u m b a i (T a rg e t M in im a l O p e r s o n a l 2 0 1 3) 4 S u m a te ra ra S t B a u m a te ra ra S t B a u m a r a B a te ra t L P K N S a w a h L a u n to (T a rg e t M in im a l O p e r s o n a l 2 0 1 3) R ta n T u a n (L a n ju ta n) R u ta n S a w a h n n to (T a rg e t M in im a l O p e r s o n a 2 0 1 4 l) L a p a s W a n it a B u k it T in g a g i (L a n ju ta n) www.djpp.kemenkumham.go.id 2011, no. 323 14 www.djpp.kemenkumham.go.id 2011, no. 32315 www.djpp.kemenkumham.go.id 2011, no. 323 16 www.djpp.kemenkumham.go.id 2011, no. 32317 www.djpp.kemenkumham.go.id 2011, no. 323 18 www.djpp.kemenkumham.go.id 2011, no. 32319 www.djpp.kemenkumham.go.id 2011, no. 323 of 20 www.djpp.kemenkumham.go.id 2011, no. 32321 www.djpp.kemenkumham.go.id 2011 No. 323 of 22 www.djpp.kemenkumham.go.id 2011, no. 32323 www.djpp.kemenkumham.go.id 2011, no. 322 24 www.djpp.kemenkumham.go.id 2011, no. 32325 www.djpp.kemenkumham.go.id 2011, no. 322 26 www.djpp.kemenkumham.go.id 2011, no. 32327 www.djpp.kemenkumham.go.id 2011, no. 323 28 www.djpp.kemenkumham.go.id 2011, no. 32329 www.djpp.kemenkumham.go.id 2011, no. 341 www.djpp.kemenkumham.go.id 30 2011, no. 32331 www.djpp.kemenkumham.go.id 2011, no. 323 32 www.djpp.kemenkumham.go.id


2011, no. 32333 www.djpp.kemenkumham.go.id 2011, no. 316 34 www.djpp.kemenkumham.go.id 2011, no. 32335 www.djpp.kemenkumham.go.id 2011, no. 323 www.djpp.kemenkumham.go.id 36, no. 32337 www.djpp.kemenkumham.go.id 2011, no. 323 38 www.djpp.kemenkumham.go.id 2011, no. 32339 CHAPTER III overkapasitas handling Strategies COVER the occupants Lapas or Rutan made through new construction, reconstruction (reconstruction) or relocation, new developments in the area of blossoming, and rehabilitation or renovation is done based on the priority scale. The master plan is expected to be a reference in the order handling overkapasitas for the sake of this fulfillment is especially worthy of the residence in order for the treatment of prisoners and the execution of the construction for the inmates as well as alignment continuity development Lapas or Rutan. MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR www.djpp.kemenkumham.go.id