Regulations Of The Institution Of Witness Protection And Victim Number 3 In 2011

Original Language Title: Peraturan Lembaga Perlindungan Saksi dan Korban Nomor 3 Tahun 2011

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bn663-2011 AGENCY REGULATORY PROTECTION of WITNESSES and VICTIMS of the REPUBLIC of INDONESIA number 3 in 2011 ABOUT the STANDARDS and MANAGEMENT of WITNESS PROTECTION AGENCY SAFE HOUSE and with the GRACE of GOD ALMIGHTY the CHAIRMAN of WITNESS PROTECTION and VICTIMS of the INSTITUTIONS of the REPUBLIC of INDONESIA, Considering: a. that the protection of witnesses and Victims and the authorities responsible for dealing with the granting of protection and assistance on witnesses and victims of crime which is a form of realization of the obligations of the State in providing security and protection for citizens; b. that, in order to implement the provisions of article 5 paragraph (1) letter a and j Act No. 13 of 2006 on the protection of witnesses and Victims needed settings concerning standards and the management on witness protection Agency safe house and the victim. c. that in order management and the granting of protection of witnesses and victims protection agency safe house on witnesses and victims, necessary arrangements regarding standards and management of witness protection Agency safe house and the victim, as well as a manifestation of professionalism within the service functions in witness protection Agency safe house and the victim; d. that based on considerations as referred to in letter a and letter b, letter c, need to establish Regulatory Agencies About Victims and witness protection and Management Standards on witness protection Agency safe house and the victim; Remember: 1. Act No. 20 of 2001 about a change in the Law Number 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia Number 134 in 2001, an additional Sheet of the Republic Indonesia 4150); 2. Act No. 23 of 2002 on child protection (State Gazette of the Republic of Indonesia Number 109 in 2002, an additional Sheet of the Republic Indonesia 4235); 3. Law number 15 Year 2003 concerning the eradication of criminal acts of Terrorism www.djpp.depkumham.go.id 2 (State Gazette of the Republic of Indonesia Number 45 in 2003, an additional Sheet of the Republic Indonesia 4284); 4. Act No. 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 Indonesia 4419); 5. Act No. 13 of 2006 on the protection of witnesses and Victims (State Gazette of the Republic of Indonesia year 2006 Number 64, Supplement State Gazette Indonesia 4635); 6. Act No. 21 of 2007 about the criminal acts of Trafficking persons (Gazette of the Republic of Indonesia Number 58 in 2007, an additional Sheet of the Republic Indonesia 4720); 7. Regulation of the Minister of State for women's empowerment and child protection of the Republic of Indonesia number 10 in 2010 about minimum service standard field of Integrated Services for women and Children victims of violence; Decide: Define: REGULATION Of The INSTITUTION Of WITNESS PROTECTION And VICTIMS ABOUT The STANDARDS And MANAGEMENT AGENCY SAFE HOUSE On WITNESS PROTECTION And Victim. CHAPTER I GENERAL PROVISIONS article 1 in this rule is: 1. Protection of witnesses and victims who subsequently abbreviated LPSK is the institution in charge and authorized to provide protection and other rights to Witnesses and/or Victims as provided for in Act No. 13 of 2006 on the protection of witnesses and victims. 2. A member of the institution of witness protection and victim who subsequently abbreviated LPSK Member is one who is appointed and dismissed by the House of representatives approval tasks and responsibilities in the sphere of protection of witnesses and victims. 3. The Chairman of the Agency of protection of witnesses and victims are one element of the leadership of the remaining members and is elected from and by members of the LPSK. 4. Safe House is a place of temporary residence which is used to provide protection for witnesses and/or victims in accordance with the standard specified LPSK. 5. Plenary meetings of the forum meeting is the highest decision-making for LPSK highest LPSK. 6. Protection is a form of service fulfillment and the granting of aid to provide a sense of security to witnesses and/or victims must be carried out by the LPSK or any other institution in accordance with the provisions of Act No. 13 of 2006 www.djpp.depkumham.go.id 3 on the protection of witnesses and victims. 7. The victim is a person suffering physical, mental, and/or economic loss caused by a criminal act. 8. The witness is a person who can provide information to the interests of the investigation, investigation, prosecution, or examination in the court hearing of a matter the crime he heard yourself, see for yourself, and experience it yourself. 9. The witnesses and/or Victims are protected in a safe house protected is hereinafter referred to as the witness and/or victims that has been decided is acceptable in LPSK protection program or in a State of emergency placed on safe house. 10. The family is the people who have blood relations in a straight line to the top or to the bottom and the line sideways or ties of marriage, or the dependants of witnesses and/or victims and also threatened his soul. 11. Threats are all forms of acts that inflict the consequences, whether direct or indirect, resulting in Witnesses and/or Victims felt fear and/or be forced to do or not do something with regard to the giving of testimony in the criminal justice process. 12. the task force Security and Escort Protection of witnesses and victims who subsequently abbreviated Satgas Pamwal LPSK is special forces security and escort LPSK. 13. The legislation is Act No. 13 of 2006 on the protection of witnesses and victims. Article 2 the purpose of this legislation is to meet the needs of the existence of standards and management of the LPSK safe house in order to optimize the Ministry in order to carry out its protection functions with the code of conduct in accordance with the legislation in force. Article 3 the principle of this legislation is to: a. corporate responsibility, namely the implementation of the grant of protection in a home safe can be accounted for in accordance with the provisions of the legislation. b. confidentiality i.e. implementation of a grant of protection in safe house mandatory guarantees the confidentiality of the identity of witnesses and/or victims, locations and personnel on duty at the safe house. c. participatory i.e. encourage the participation of the community in implementing protection services on safe house LPSK with attention to the aspirations, needs and expectations of witnesses and/or victims in protection program. d. equality that is not discriminatory by not differentiating the tribe, race, religion, class, gender and economic status in providing protection at safe house LPSK. e. the balance of rights and obligations i.e. the giver and receiver service protection at safe house LPSK must comply with the rights and obligations of each party. f. voluntary i.e. protection at safe house LPSK is done voluntarily, without any coercion from any party and stated in the affidavit of the witnesses and/or victims. g. the certainty of time i.e. implementation services granting protection in a home safe can be run in a specified period of time. www.djpp.depkumham.go.id 4 CHAPTER II SCOPE of SAFE HOUSE LPSK article 4 the scope of the safe house LPSK include: a. category home safe; and b. specifications safe house. Article 5 Categories home safely as intended in article 4 letter a include: a. safe house category I intended for the temporary shelter; b. safe house category II intended for permanent placement; and c. category III safe house intended for a non permanent placement or conducted by way of moving. Article 6 (1) safe house category I Specifications as referred to in article 5 and the letter a include: a. the status of the place and the location is confidential; b. witnesses and/or victims are experiencing a moderate threat level; c. limited access and is close to the location of the public; and d. the placement period for more than 6 (six) months. (2) the specification of the safe house category II as referred to in article 5 and the letter b include: a. the status of the place and the location is confidential; b. witnesses and/or victims experienced high threat level; c. limited access and presence can not be identified; and d. the placement period of a maximum of four (4) months. (3) the specification of the safe house category III as referred to in article 5 subparagraph c covers: a. the status of the place and the location is confidential; b. witnesses and/or victims are experiencing threat level that endangers his soul; c. standard venues and facilities adapted to the level of security; d. transportation secret; e. limited access and presence can not be identified; and f. a placement period of a maximum of 1 (one) month. (4) the provisions concerning the conditions, procedures and procedures for placement in a safe house LPSK as stipulated in article 5 be regulated further in the technical instructions and guidelines on the protection of the safe house LPSK. CHAPTER III INSTITUTIONAL SAFE HOUSE is considered part of the duties, functions, and responsibilities of article 7 (1) a member of the LPSK in charge of field protection responsible for the operational management of the safe house. (2) the Secretary responsible for administrative management of the LPSK safe house. www.djpp.depkumham.go.id


5 (3) in terms of the management of the safe house required by one unit manager safe house and the structure of the task force work has been specified in this rule. (4) the provisions concerning the unit manager and task force safe house LPSK will set further in the decision letter of the Chairman of the LPSK. Article 8 Unit of safe house manager function: a. provide and guarantee security, ease, and convenience to witnesses and/or victims in order to provide information and testimony in the criminal justice process; b. enhancing the effectiveness of the protection of witnesses and/or victims and their families; and c. make the temporary accommodation for witnesses and/or victims and their families in order to provide testimony. Part two Organization safe house article 9 (1) of the Unit plays the safe house manager and in charge of the Administrative Affairs, Ministry of home security and safety. (2) the organizational structure of the unit manager safe house consists of: a. the head safe house; b. Deputy Head of safe house that doubles as part of safeguards; c. the Administration section; d. part Ministry safe house; and e. the security squad Commander. (3) the head of a safe house responsible for the entire process of protection, security, service and administration shielded placed in safe house. (4) the head of a safe house on duty: a. do the management and sustainability of the protected protection program; b. perform financial management home safe; c. do the coordination with all stakeholders both internal and external to the benefit of the execution protection in safe house; d. program strategy and activities safe house; e. monitoring the implementation of safeguards at home safe either periodically or incidental; and f. provide reports related to the management and implementation of the protection at the safe house, routinely or incidental to the person in charge of the protection field. (5) the Deputy Head of the unit's safe house is responsible for the availability of, implementation of security guards and escort, as well as the availability of supplies infrastructure safeguards. (6) the Deputy Head of the unit's safe house on duty: a. security escort and strategize against shielded inside and outside the home is secure; b. set the rotational assignments of members of security and escort home safe; c. set the readiness of the driver's power in order to safeguard and escort; d. do the coordination with the task force Pamwal LPSK; e. coordination of the implementation of the safeguards and the lead escort for task safe house; www.djpp.depkumham.go.id 6 f. do intensive monitoring and surveillance on the development aspects of security that happened at home safe; and g. provide reports related to the implementation of safeguards and escort to the head of the safe house. (7) the Ministry responsible for the availability of medical services, psychological, janitor, transport, logistics and equipment for operational purposes the protection of protected in the safe house. (8) part of the Ministry in charge of: a. conducting a needs analysis service of witnesses and/or victims are protected; b. provide mental, social and psychological witnesses and/or victims are protected; c. providing medical rehabilitation services of witnesses and/or victims are protected; d. facilitate the activities required of witnesses and/or victims are protected; and e. provides services related information of witnesses and/or victims are protected. (9) section of the Administration responsible for the completeness and availability administration shielded. (10) the Administration section is in charge of: a. registering protected; b. conducting correspondence, and household supplies; and c. carry out financial administration. CHAPTER IV PROCEDURE the MINISTRY of PROTECTION of WITNESSES and VICTIMS in the SAFE HOUSE of article 10 (1) Witnesses and/or victims given refuge in safe house LPSK and/or in emergency situations following the decision of the plenary meeting of the LPSK. (2) mandatory protection responsible for appointing the head of the safe house to do the preparatory steps after the decision of the plenary referred to in subsection (1). (3) the preparatory steps referred to in subsection (2) includes the following: a. the completeness of all documents protection; b. perform actions initial assessment of the physical and psychological sheltered before placed on the safe house; c. analysis of shielded security risk; and d. provide information to safeguard about the rules related to the implementation of safeguards at home secure LPSK. Article 11 (1) completeness of document protection as stipulated in article 10 paragraph (2) letter a consists of: a. a letter of agreement of protection created by the field of the protection and protected; b. mail ID (KTP/SIM/passport) containing data about the address/place of residence, as well as the essentials that are needed in the process of protection; and c. the photo and/or fingerprint protected conducted by field of protection. (2) in terms of protection provided in emergency situations, completeness of document protection only a Treaty of protection that has been signed by the parties protected and/or family/advocate. www.djpp.depkumham.go.id 7 article 12 Action initial assessment referred to in article 10 paragraph (3) the letter b consists of: a. the assessment of the physical condition and/or psychic applicants conducted by medical personnel in the medical unit and/or psychological units; b. the preparation of initial assessment reports which describe the conditions and recommendations against protected; and c. the report as stated on the letter b is used as a guideline in handling protected while at home safe. Article 13 security risk Analysis as referred to in article 10 paragraph (2) Letter c consists of: a. protected security risk analysis action carried out by the task force pamwal; b. preparation of the security risk analysis report describing the threat level and sheltered handling recommendations; and c. the report referred to in subparagraph b deceived in the handling of protected while at home safe. Clause 14 of the giving of the information referred to in article 10 paragraph (3) the letter d include: a. information about the rules related to the implementation of safeguards at home safe; b. information concerning the content of treaty protection; c. information on the rights and obligations of sheltered in safe house; d. information about protection service to be provided; e. information on the code of conduct at home safe; and f. information concerning other relevant rules tailored to the situation and the growing conditions. Chapter V SAFE HOUSE MANAGER QUALIFICATION of article 15 (1) the qualifications of the head of the safe house consisted of: a. have an understanding and experience in terms of the protection of witnesses and/or victims of at least 2 years; b. have the capacity management, control and koordinatif; c. have the perspective of human rights, the protection of the victims, women and children; d. has the ability of planning and program implementation; and e. has the ability in financial management. (2) the qualifications of the head of the Team Escort and Security consists of: a. have the leadership abilities of the troops; b. have the perspective of human rights, the protection of the victims, women and children; c. have skills risk analysis threat; d. to have knowledge of security management strategies; e. have experience in it security and control for at least 2 years; and f. had the ability to drive. (3) the qualifications of the members of the escort and Security consisting of: www.djpp.depkumham.go.id 8 a. have expertise a threat risk analysis; b. have the perspective of human rights, the protection of the victims, women and children; c. have pengatahuan security management strategies; and d. have the ability. (4) the qualification of the Drivers: a. have the licence is still valid; b. have the knowledge path Protocol, alternative roads and topography, and village; c. have the perspective of human rights, the protection of the victims, women and children; and d. have the skills in the care of the engine of the vehicle (5) Qualification of Cook: a. having cooking skills; b. have the experience as a cook for at least 2 years; and c. has the perspective of human rights, the rights of women and children, as well as the protection of witnesses and/or victims. (6) the qualifications of the Janitor: a. have the experience as a janitor for at least 2 years; and b. have an awareness of the activity in the enforcement of human rights, the rights of women and children, as well as the protection of witnesses and/or victims. Article 16 (1) the officers of the unit manager is obligated to comply with safe house LPSK about the code of conduct and discipline officer. (2) an Officer who manages the unit's safe house is obliged to apply the value of basic personalities as employees of the LPSK, namely: a. integrity; b. humanitarian; c. anti-discrimination; d. independence; e. professionalism; and f. example. (3) the officers of the unit manager is obligated to run safe house ethics implementation tasks as an employee LPSK, namely: a. secrecy; b. proportionality; c. responsiveness; d. Special attention; e. transparency; and f. accountability. (4) the officer's unit manager safe house rules implementing mandatory discipline employees LPSK containing obligations and restrictions that must be observed. (5) in the case of the officers of the unit manager safe house had committed violations of the code of conduct and discipline officer referred to in subsection (1), subsection (2), subsection (3) and subsection (4), the action will be carried out in accordance with the provisions of the regulations on the LPSK. Article 17 (1) facilities and infrastructure safe house, consisting of the physical means of safe home, safe home facilities, on-site security, facilities and means of transport. (2) physical means of safe house as referred to in subsection (1) is required to qualify, namely: www.djpp.depkumham.go.id


9 a. meet security standards; b. have a fence around the House and can be locked double; c. have the entrance standard; d. can be used for 1 person protected and his family or more; e. easily monitored; f. the emergency door or doors have a secret for the sake of confidentiality; g. has limited access to the view from the outside; h. meet health standards or sanitation-ventilation and other related matters; and i have a private room that is adequate for the occupant of the room with the composition of at least 3 2 rooms for witnesses and 1 room for the Home Manager is secure. (3) safe house Facility referred to in subsection (1) is required to qualify, namely: a. have a complete home furnishings and equipment; b. medical equipment and treatment standards; c. have a genset portable equipment; d. has a play for children, if needed; and e. have entertainment facilities, religious and other related used in accordance with needs. (4) Security Facilities as referred to in subsection (1) is required to qualify: a. have the equipment in the form of CCTV, the Handy talky, firearms and other equipment to suit your needs; b. have the exit entrance with 24-hour access; c. have the lighting needs; and d. have fire extinguisher tubes. (5) Transportation Facilities as referred to in subsection (1) is required to qualify, namely: a. four-wheeled vehicles: 1. have a standard security film on glass; 2. have the first aid tools completeness; 3. has the completeness of basic logistics (snacks, mineral water, clothing); 4. have the power of Bulletproof when necessary; and 5. other security features as needed. b. two-wheeled vehicle: 1. have complete security standards; 2. can be used in a variety of locations and situations. CHAPTER VI FINANCE Article 18 (1) minimum service standards safe house consists of financing in the form of: a. operational costs of implementing officers; b. the cost of rental places/accommodations; c. cost of household facilities and equipment; d. the cost of logistics in the form of food; e. vehicle operating costs; f. cost of device security tools; and g. other expenses. (2) Costs that are required in the implementation of the management of the safe house LPSK, charged to the budget of the State Expenditures and Revenues Help other institutions in accordance with the provisions of the applicable legislation. www.djpp.depkumham.go.id 10 (3) the provisions concerning the magnitude of the costs referred to in subsection (2) is set further in the decision letter of the Chairman of the LPSK in accordance with provisions of the laws applicable invitation. CHAPTER VII PROVISIONS COVER article 19 this Regulation comes into force on the date specified. In order to make everyone aware of it, ordered the enactment of this regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on October 12, 2011 CHAIRMAN of the INSTITUTION of WITNESS PROTECTION and VICTIMS of the REPUBLIC of INDONESIA, ABDUL HARIS SEMENDAWAI Enacted in Jakarta on October 25, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, AMIR SYAMSUDDIN REPUBLIC INDONESIA in 2011 NUMBER 663 www.djpp.depkumham.go.id

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