Regulations Of The Institution Of Witness Protection And Victim Number 4 Of 2010

Original Language Title: Peraturan Lembaga Perlindungan Saksi dan Korban Nomor 4 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c512a01c0208176313233333430.html

BN 132-2010 REPUBLIC INDONESIA No. 129, 2010 INSTITUTION of PROTECTION of WITNESSES and victims. Settlement. Violations. REGULATIONS of the INSTITUTION of WITNESS PROTECTION and VICTIM number 4 of 2010 ABOUT the SETTLEMENT of VIOLATIONS of the CODE of CONDUCT and BREACH of DISCIPLINE with the GRACE of GOD ALMIGHTY the LEADERSHIP INSTITUTION of WITNESS PROTECTION and VICTIM Considering: a. that the penaatan in order to improve the implementation of the code of conduct and discipline officer of the institution of witness protection and victims need to devise mechanisms of settlement of violations of the code of conduct and breach of discipline; b. that the settlement mechanism to implement the code of conduct violations and breach of discipline their weight, needed an organ that will give consideration in order to provide a decision against a fault or act in violation of laws, the code of conduct, and rules of discipline committed by members and officers of the institution of witness protection and victims; c. that based on considerations as referred to in letters a need to establish Regulatory Agencies www.djpp.depkumham.go.id 2010, no. 129 2 witness protection and victims about the completion of the code of ethics Violations and breach of discipline; Remember: 1. Act No. 43 of 1999 regarding the change in the law No. 8 of 1974 about Staffing issues; 2. Act No. 13 of 2006 (State Gazette of the Republic of Indonesia year 2006 Number 64, an additional Sheet of the Republic of Indonesia Number 4635); 3. Government Regulation number 30 in 1980 about civil servants Disciplinary Regulations (Gazette of the Republic of Indonesia Number 50 in 1980, an additional Sheet of the Republic of Indonesia Number 3176); 4. Government Regulation Number 42 in 2004 about coaching the soul of the Corps and the civil servant code of conduct (Gazette of the Republic of Indonesia Number 142 in 2004, an additional Sheet of the Republic of Indonesia Number 4450); 5. Presidential regulation Number 82 in 2008 about witness protection Agency Secretarial and victims; 6. Regulations of the President of the REPUBLIC of INDONESIA number 30 in 2009 about the procedures for the appointment and dismissal of members of the institution of witness protection and victims; Decide: define: REGULATION of the INSTITUTION of WITNESS PROTECTION and VICTIMS ABOUT the COMPLETION of a CODE of CONDUCT VIOLATION and VIOLATION of DISCIPLINE of WEIGHT 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. www.djpp.depkumham.go.id 2010, no. 129 3 2. Member of the institution of witness protection and Victim are hereinafter referred to as member of the LPSK is a person who is appointed and dismissed by the President with the approval of the House of representatives that the tasks and responsibilities in the sphere of protection of witnesses and victims. 3. Leadership is a member of the LPSK, consisting of the Chairman and Vice Chairman and elected from and by members of the LPSK is based on the provisions of the legislation. 4. Officers of the LPSK is employees referred to in presidential regulation Number 82 in 2008 About secretarial as well as honorary officers and contract employees who work in the neighborhood LPSK. 5. the code of ethics of the LPSK hereinafter referred to as the code of conduct is a basic personality and ethical value of the implementation of the tasks that must be followed and implemented by members of the LPSK LPSK and employees in carrying out the tasks of the Organization as well as in living the life of a person. 6. employee disciplinary rules are regulations governing the norms that must be implemented as well as prohibitions for officials of the LPSK in carrying out the task. 7. Violations of the code of conduct is any speech, writing, or conduct of a member of the LPSK LPSK and employees who violate basic personality and ethical value of the implementation of the tasks set forth in the code of conduct LPSK. 8. Violation of the discipline of weight is any speech, writing, or conduct that violates the LPSK employee provisions on obligations and restrictions provided for in the rules of discipline employees who are fatal and interfere with the task of organizing the granting of witness protection and victims as well as the alleged strong breaking the code of conduct. 9. The Board of Examiners Breach the code of conduct and discipline Board hereinafter referred to as the weight of the examiner is an organ set up by virtue of the decision of the Plenary meeting of the LPSK. 10. The right Answer is the right person to give a response or rebuttal against complaints, reports and findings concerning the alleged violation of the code of conduct and/or breach of discipline which harms reputation. www.djpp.depkumham.go.id 2010, no. 129 4 CHAPTER II the PURPOSE of article 2 of this regulation aims to provide legal certainty for the members and employees of the LPSK in terms of enforcement of the code of conduct and discipline officer, through the corporate governance code of conduct violations and settlement breach of discipline in a fair and proportionate weight. CHAPTER III COMPOSITION, DUTIES and AUTHORITIES of the BOARD of EXAMINERS of article 3 (1) the Board of Examiners are ad hoc. (2) in the event of terperiksa is a member of the Board of Examiners, LPSK amounted to 5 (five) persons, consisting of 3 (three) persons originating from outside of the LPSK and 2 (two) members of the LPSK. (3) in case terperiksa are employees of the LPSK, Board of Examiners at least numbered three (3) persons, which is composed of members of the LPSK and/or the designated Officer based on the decision letter of the Chairman of the LPSK. Article 4 of the Board of Examiners has the duties and authorities: a. inspect the violation of code of conduct and violations of discipline or the weight of Officers and members of the LPSK is done. b. decide whether there is a violation or breach of the code of ethics and discipline employees, accompanied by heavy drafting considerations underlying the existence of the decision. c. provide recommendations regarding sanctions for infringement of the code of conduct and discipline in the weight of the addressed to Chairman of the LPSK. d. recommendations as stated on the letter c, discussed and decided upon through plenary meetings. CHAPTER IV the MECHANISM of SETTLEMENT of a breach of article 5 (1) the field of supervision of conduct examination and analysis after receiving complaints, the report, findings concerning the existence of the alleged breach of the code of conduct and/or breach of discipline. www.djpp.depkumham.go.id 2010, no. 129 5 (2) leadership of the LPSK is obligated to hold meetings Plenary at least 7 (seven) days after receipt of the proposal to establish a Control Board of examiner over the results of the examination referred to in subsection (1). (3) the Board of Examiners is obligated to carry out the trial, at least 7 (seven) days after the Board of Examiners was formed. Article 6 (1) Terperiksa reserves the right to accept the summons to attend the hearing examination no later than 3 (three) days before the hearing. (2) Terperiksa may be accompanied by advisers. (3) Terperiksa mandatory present personally in the process of examination by the Board of Examiners. (4) Terperiksa has the right to give the right answer in the review process by the Board of Examiners. Article 7 (1) the Board of Examiners is obligated to explain the applicable examination Ordinance before the commencement of the examination. (2) for the purposes of examination, the Examiner opened the trial and declared closed to the public. (3) If in the examination terperiksa is not present on any given day, the Examiner examines whether terperiksa had already been called. (4) If terperiksa is called in the examiner, the Board should not be delaying the trial and call terperiksa to present at the next session of the day. (5) in the event that terperiksa has been called twice in noteworthy but not present in the examination, the Board of Examiners can give a decision outside the presence of the terperiksa. Article 8 (1) in case it is needed to clear up the issues that arise at the hearing, the Board of examination the examiner can ask of witnesses, experts and new material by the interested parties. (2) after the proceedings were declared completed, the Board of Examiners held deliberations to take decisions on there www.djpp.depkumham.go.id


2010, no. 129 6 not violations of the code of ethics and disciplinary offences or the weight of officers. (3) the Discussion referred to in subsection (2) must be based on proven and everything or not proven in the examination session. (4) in the case of decision making by the Board of Examiners, a consensus cannot be reached then decisions are taken with the most votes. (5) the decision shall contain the considerations into base and pointed to the rules and code of ethics rules of discipline employees who violated. (6) the decision of the Board of Examiners read out in a closed meeting with or without attended by terperiksa, after previously informing the day, date and time of reading of the decision to the terperiksa. (7) mandatory Decision signed by all the members of the Board of Examiners. (8) the decision of the Board of Examiners is officially handed over to the Chairman of the LPSK. Article 9 (1) leadership of the LPSK is obligated to hold meetings Plenary Council decision in regards to the examiner stated code of conduct violation committed by a member of the LPSK. (2) in case of the Plenary meeting of States have been going breach of code of conduct by members of the LPSK and there are proposals for dismissal, then Chairman of the LPSK is obligated to hold a plenary session. (3) the Ordinance as mentioned in paragraph (2) above, is governed in accordance with the regulation on the procedures for examination of the LPSK and dismissal of members of the LPSK. Article 10 (1) in the case the decision of the Board of Examiners declared violation code of conduct and discipline Officers conducted heavy LPSK, Chairman of the LPSK is obligated to hold meetings Plenary to decide sanctions that will be given for infringement of the code of ethics and disciplinary offences or heavy. (2) the decision in the form of sanctions violations set out in the decision letter. (3) in case the decision of the States did not breach the code of conduct and discipline, then the weight is specified through the decision letter of the Chairman of the LPSK. www.djpp.depkumham.go.id 2010, no. 129 7 Chapter V PENALTIES article 11 sanctions for members or employees of the LPSK proven violation of the code and/or heavy violation of discipline is dismissal or dismissal with respect with disrespect. CHAPTER VI CLOSING PROVISIONS article 12 this Regulation comes into force from the date specified. In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the LPSK Republic Indonesia. Established in Jakarta on January 18, 2010 CHAIRMAN of the INSTITUTION of WITNESS PROTECTION and VICTIMS of the REPUBLIC of INDONESIA, ABDUL HARIS SEMENDAWAI Enacted in Jakarta on January 18, 2010 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR www.djpp.depkumham.go.id