Regional Regulation Number 3 Of 2010

Original Language Title: Peraturan Daerah Nomor 3 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd93526880bb8e313634343530.html

Microsoft Word-03 URPerd.orang.rtf SHEET AREAS year 2010 CIANJUR number 11 of 2010 LOCAL REGULATIONS CIANJUR number 03 of 2010 ABOUT TACKLING the TRADE in PEOPLE with the GRACE of GOD ALMIGHTY REGENT CIANJUR, Considering: a. that it is not supernatural in man's inherent rights that must be respected, the high esteem and protected by the State, the law, Government and everyone for honor as well as the protection of the dignity and the dignity of the human being; b. that the trades people is a crime against human rights that ignore the dignity, the dignity and the degree of man that needs to be prevented and dealt with in a fair manner through the countermeasure thoroughly and completely; c. that the Cianjur is one source regions the occurrence of trade people in Indonesia, hence the need for countermeasures through strategies, policies, programs, and activities planned; d. that based on the referred to in letters a, b, and c, the response of the said trade needs to be set up with local regulations; Remember: 1. Article 5 paragraph (1), article 20, and article 28 of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 14 of 1950 on the establishment of County areas in West Java environment (State News 1950 Number 43), as amended by Act No. 4 1968 Purwakarta Regency of Subang Regency, and by changing the law number 14 of 1950 on the establishment of County areas In West Java province (State Gazette of the Republic of Indonesia Number 31 in 1968 Additional Sheets, the Republic of Indonesia Number 2818); 3. Act No. 4 of 1979 on child welfare (State Gazette of the Republic of Indonesia Number 32 in 1979, an additional Sheet of the Republic of Indonesia Number 3143); 4. Act No. 7 of 1984 on Ratification of the Convention On the Elimination of all forms of discrimination against Women (the Convention on The Elimination of All Forms of Discrimination Against Women) (State Gazette of the Republic of Indonesia Number 29 in 1984, an additional Sheet of the Republic of Indonesia Number 9); http://www.bphn.go.id/2 5. Act No. 3 of 1997 concerning juvenile court (State Gazette of the Republic of Indonesia number 3 in 1997, an additional Sheet of the Republic of Indonesia Number 3668); 6. Act No. 20 of 1999 regarding an endorsement Convention Number 138 Minimum Age for Conceming Admission to Employment (ILO Convention Concerning Minimum age for Permissible) (State Gazette of the Republic of Indonesia Number 56 in 1999, an additional Sheet of the Republic of Indonesia Number 3835); 7. 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); 8. Act No. 1 of 2000 about the endorsement of the ILO Convention Number 182 Concerning The Prohibition and Immediate Action For The Elimination of the Worth Forms of Child Labour (Convention Number 183 concerning the prohibition of and immediate action the Elimination of the worst forms of work For children) (State Gazette of the Republic of Indonesia year 2000 number 30, additional sheets of the Republic of Indonesia Number 3941); 9. Law number 26 of 2000 on Human Rights Court (Indonesia Republic Gazette year 2000 Number 206, an additional Sheet of the Republic of Indonesia Number 4026); 10. 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 of Indonesia Number 4235); 11. Act No. 13 of 2003 on Labor (State Gazette of the Republic of Indonesia Number 39 in 2003, an additional Sheet of the Republic of Indonesia Number 4279); 12. 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 of Indonesia Number 4419); 13. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as already beberapakali last amended by law No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 14. Act No. 13 of 2006 on the protection of witnesses and Victims (State Gazette of the Republic of Indonesia year 2006 Number 64, an additional Sheet of the Republic of Indonesia Number 4635); 15. Act No. 21 of 2007 about the eradication of criminal acts of Trafficking persons (Gazette of the Republic of Indonesia Number 58 in 2007, an additional Sheet of the Republic of Indonesia Number 4720); 16. Law number. 36 in 2009 About Health (State Gazette of the Republic of Indonesia Number 144 in 2009, an additional Sheet of the Republic of Indonesia Number 5063); 17. Government Regulation No. 2 of 1988 on social welfare Undertakings for children who have problems (Gazette of the Republic of Indonesia number 2 in 1988, an additional Sheet of the Republic of Indonesia Number 3367) 18. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, the provincial Governments and district/city Governments (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4747); http://www.bphn.go.id/3 19. Government Regulation Number 50 in 2007 on The implementation of the cooperation of local governments (State Gazette of the Republic of Indonesia Number 112 in 2007, an additional Sheet of the Republic of Indonesia Number 4761); 20. Government Regulation No. 9 in 2008 about Procedures and mechanism of Integrated Services For Witnesses and/or victims of criminal acts of Trafficking persons (Gazette of the Republic of Indonesia number 22 in 2007, an additional Sheet of the Republic of Indonesia Number 4818); 21. Presidential Decree Number 36 in 1990 about the endorsement of the Convention on The Rights of The Child (Convention on the rights of the child) (State Gazette of the Republic of Indonesia Number 56 of 1990); 22. Presidential Decree Number 59 in 2002, the national plan of action on the Elimination of the worst forms of work For children; 23. Presidential Decree Number 87 of 2002 National Plan of action on the Elimination of the commercial sexual exploitation of children; 24. Presidential Decree Number 88 in 2002 National Plan of action on the Elimination of Trafficking (Trafficked) women and children; 25. Regulation of the Minister of manpower and transmigration Per-Number 18/Download/IX/2007 on the implementation of the Labor Protection and placement of Indonesia abroad; 26. Regulation of the Minister of manpower and transmigration Number Per – 07/Men/IV/2008 about the placement of Labor; 27. West Java Regulation No. 5 of 2006 on the protection of children (the regional Gazette 2006 Number 4 series E, Supplemental Sheet region number 24); 28. Local regulations Cianjur number 03 in 2001 about Investigator civil servant (the sheet Area 2001 Number 44 Series C); 29. Local regulations Cianjur number 02 in 2006 about the first change Over local regulations number 02 of 2001 about the drafting of applicable local Ordinances and publishing Sheet region (the regional Gazette 2006 number 02 Serie D); 30. Applicable local Cianjur No. 12 in 2006 about medium-term Regional development plan (RPJMD) Cianjur Years 2006-2011 (Gazette No. 12 year 2006 Regional Series D); 31. Local regulations Cianjur number 03 in 2008 about the Affairs of the local governance (Regional Gazette in 2008 Serial number 03 D); 32. Applicable local Cianjur number 07 in 2008 about the Organization of local governance and the establishment of Organizational Devices area of Cianjur (Regional Gazette in 2008 number 07 Serie D); With the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared CIANJUR and REGENT CIANJUR DECIDED: setting: LOCAL REGULATIONS ABOUT TACKLING TRADE people. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area, which is: http://www.bphn.go.id/


4 1. The region is an autonomous region of Cianjur. 2. The autonomous region is the unity of Community law which has a limit of a certain area authorities set up and take care of the interests of the local community according to its own initiative on the basis of the aspirations of the community in Indonesia Republic unitary State bonds. 3. Local Government is Autonomous devices along with the Regent as the executive body. 4. The Regent was Regent of Cianjur. 5. Representatives of the regional PARLIAMENT is hereinafter referred to as the House of representatives of the Regional Legislative Body as Cianjur Regency area. 6. The device Region is the Organization/Institution on local governments which are responsible to the Regent in implementing governance, covering the areas of education, health, cooperatives and small and medium enterprises, population and civil registration, employment, empowerment of women and child protection, social, and tourism. 7. Trade is the Act of recruitment, transportation, shelter, delivery, transfer or receipt of a person under threat of violence, use of violence, abduction, illegal confinement, forgery, fraud, abuse of power or of a position of vulnerable, penjeratan debt or pay or benefits, so as to obtain the consent of a person having control over another person, both conducted in the country as well as between Governments, for the purpose of exploitation or result in people being exploited. 8. Every person is an individual person or individual. 9. The Corporation is a group of people or an organized wealth, well-bodied law or not. 10. A parent is the father and/or mother, father and/or mother or father, stepmother and/or adoptive mother. 11. the Trustee is the person or who is given responsibility by the law to enforce the obligation as a parent upon the child. 12. A child is a person who has not aged 18 (eighteen) years of age including kids who are still in the womb. 13. The family is the parent or guardian, as well as those who were under his charge. 14. The community is individuals, families, groups, social organizations and/or community organizations. 15. The victim is the person, either individually or in groups, men women and children, who are suffering psychological, mental, physical, sexual and economic losses and/or social practices of trade resulting from the people. 16. The witness is a person or group of people who see, hear, experience, and know it will be something the trading activity of the person. 17. Vulnerable groups are most members of the public who are not capable of being classified in psychic, social, economic, to face solicitation, influence, coercion, and the threat of people traffickers. 18. The task force is an koordinatif formed by Governors and consists of representatives from local governments, law enforcement agencies, community organizations, NGOs, professional organizations, researchers, academics in charge of implementing countermeasures to trade people. 19. Protection is any form of activity to protect every person in order to secure his rights so as to avoid the trade people and/or exploitation. http://www.bphn.go.id/5 20. Exploitation is the action with or without the consent of the victims which include but are not limited to prostitution, forced labor or services, slavery or similar practices of slavery, oppression, extortion, the utilization of physical, sexual, reproductive organs, or is against the law to move or mentransplantasi organ and/or tissue or make use of the advantages of either material or immateril. 21. Sexual exploitation are all forms of pemanfaataan sexual organs or other body organs from victims for profit including but not limited to all activities of prostitution and obscene. 22. The transplantation of organs is a medical action to move a series of organs and tissues of the human body that comes from another person's body or the body's own treatment in order to replace the organs and tissues of the body that do not work well with the aim or result in exploitation of people being exploited. 23. Prevention preemtif is the action performed by the local government at the policy level in an attempt to support the plans, programs and activities in order to increase the quality of human resource development. 24. The prevention of preventive efforts is directly conducted by the local Government to perform prevention of trafficking of people through monitoring, permitting, construction and control. 25. The handling of victims of people trafficking is a concerted effort underway to rescue, mentoring, reporting and rehabilitation. 26. Prevention was every effort and activities conducted include the activities of prevention, rescue, rehabilitation and reintegration either before they occur, in the event and after going to avoid going to trade people. 27. Violence is against the law in every work, with or without the use of a means towards physical and psychological which caused danger to life, the body or cause terampasnya one's independence. 28. The threat of violence is against the law in every work, in the form of speech, writings, pictures, symbols or movement of the body, either with or without the use of the means which caused fear or curb the freedom essential to someone. 29. Safe House is a temporary shelter that can be used for the recovery/rehabilitation of physical, psychic and health for victims of people trafficking. 30. The certificate to work hereafter SKUB is a certificate issued by the heads of the villages, on the recommendation of the RT and RW, which is awarded to any person who will be looking for work outside the region must get a recommendation from the head of the local Police, Social Service and manpower and transmigration. 31. Rehabilitation is the recovery of any disruption to the physical, psychic and social in order to carry out its role reasonably well back in the family and in society. 32. Integrated Service is a series of activities to do protection for witnesses and/or victims of trafficking people conducted jointly by agencies or related agencies as a unity of organization of health, rehabilitation, social rehabilitation, legal assistance, repatriation and social reintegration for witnesses and/or victims of people trafficking. 33. the plan of action of the regional work programme area is in the effort to combat trafficking persons. http://www.bphn.go.id/6 CHAPTER II the BASIS and PURPOSE of the first part of article 2 of the Basic Countermeasures of trade based on people's respect, recognition and protection of human rights. The second part of article 3 Objective the objective for tackling the trade in people is: a. respect, recognition and protection of human rights; b. preventing the early onset of trafficking of persons; c. provide protection against the exploitation of human bondage; d. Save and rehabilitate victims; e. empowering education and economy of the victims and their families; f. ensure legal certainty and a sense of Justice for the victims of the trafficking of persons; g. abolish all forms of trade practices; h. restore dignity and human dignity as it should be; i. protecting the victims, reporters and witnesses; j. conduct the repatriation and social reintegration for witnesses and/or victims of people trafficking. CHAPTER III TRADE RELIEF PEOPLE first part Preemtif Prevention article 4 (1) local governments are obliged to cope with the onset of trades people. (2) steps and policies for tackling the trade person referred to in subsection (1) is through the programs, activities and allocating budgets. (3) steps and policy countermeasures referred to in subsection (2), shall be governed by regulation of the Regent. The second part of article 5 Preventive Precautions (1) Regent through the village head/head of the village, head of the police force, and the obligation to monitor any people/citizens who proposed SKUB http://www.bphn.go.id/Area to the outside


7 (2) in addition to the people/citizens of the community as referred to in paragraph (1), the local government is obliged to monitor everyone who is recruiting and contracting workforce that exists in the area. Article 6 (1) local governments, law enforcement agencies, task forces, NGOs and the Community shall be obliged to provide protection to the victims of people trafficking, in accordance with the applicable legislation. (2) victims of and/or witnesses and/or the reporting of trade information giver/person is entitled to obtain the protection of the privacy of herself and her family in accordance with the legislation in force. CHAPTER IV HANDLING VICTIMS of TRAFFICKING PEOPLE Handling the first part of article 7 (1) in conducting trade handling people, coordinating with the Governors task force to perform the handling by means of pick-up, temporary shelter, repatriation and accompaniment towards victims of trafficking people. (2) in conducting the handling of victims referred to in subsection (1), local governments provide funding, mentoring, and legal assistance against the victim in the repatriation, rehabilitation and social reintegration. Chapter V article 8 Each VICTIM a victim has the right to: a. the protection of the family, the community and local government against any act of trading; b. determine own work without coercion, threats and violence and has the right to obtain and use the earnings over the results of its work in accordance with the legislation in force. Article 9 any person who became a victim of people trafficking are entitled to: a. get affection and protection in accordance with legislation in force; b. education and teaching in the framework of the private development in accordance with the level of intelligence, interests and talents; c. worship according to his religion, thinking, to express and create appropriate level of intelligence and age with the guidance of parents and/or guardians; d. obtaining health services and social security in accordance with the needs of the physical, mental, spiritual and social. http://www.bphn.go.id/8 CHAPTER VI ROLE of the COMMUNITY and article 10 any person and/or community has the right to obtain the existence of opportunity plays a role and help efforts for tackling the trafficking of people. Article 11 the role of the community as referred to in article 10 may take the form of providing information and/or reports of alleged the existence of trafficking people to local governments. Article 12 the society reserves the right to give advice and opinions can be accountable to local governments in an effort to combat trafficking persons. CHAPTER VII the REHABILITATION and RESTORATION of Article 13 local authorities obliged to rehabilitate and recover any victims of the trade in people experiencing physical, psychic disorders and other health services through violence, psychological counseling, mentoring and legal education alternative education and skills, in accordance with the dignity and her dignity. CHAPTER VIII of the PLAN of ACTION of the REGIONAL Chapter 14 local governments draw up regional action plans through the steps: a. establish strategic alliances with various agencies or related sectors as well as with stakeholders to build a shared commitment as a foundation for policy retrieval in the field of employment, education, health, welfare, population, economy, tourism and other related fields; b. establish coordination with the Central Government and the province of West Java in an effort of prevention, response and mitigation practices of people in the region; c. implementing the procurement efforts and expansion of the funding source in the activities of the regional plan of action for handling trade people; d. building a network of cooperation with the public, scholars, independent researchers, chaplain, nongovernmental organizations, universities, international institutions in realizing regional plan of action be a joint program. http://www.bphn.go.id/9 CHAPTER IX COOPERATION and PARTNERSHIP the first Cooperation Article 15 local governments develop patterns of cooperation are coordinated with the Central Government, provincial governments, and municipalities/cities across Indonesia as well as a variety of networking in order to combat trafficking persons. Article 16 (1) cooperation as stipulated in article 15 includes the following: a. the exchange of data and information; b. rehabilitation of the victims of trafficking of persons; c. repatriation of victims of trafficking of persons; d. investigation and law enforcement efforts in the investigation of criminal acts of trafficking people. (2) the cooperation referred to in paragraph (1) poured in a decision together. The second part of the partnership article 17 Governors to build partnerships with the business world in order to combat trafficking persons. Article 18 (1) the partnership referred to in article 17, carried out through: a. notice of vacancy information to the public; b. education and training of prospective workforce; (2) a partnership referred to in paragraph (1) applied in the agreement of cooperation. CHAPTER X TASK FORCE article 19 in an effort to combat trafficking of persons, the Organization of the Regent formed a task force whose membership consists of the device area, law enforcement agencies, professional organizations, agencies of the vertical, colleges and non-governmental organizations that have a commitment to the enforcement of human rights. Article 20 the task force referred to in article 19 functions implementation of policies in the field of tackling people trafficking are integrated and coordinated, covers the areas of prevention, health and social rehabilitation, social reintegration and repatriation, development of law and law enforcement, cooperation and coordination and specific program areas of commercial sex exploitation of child removal. http://www.bphn.go.id/10 CHAPTER XI COACHING and SUPERVISION Article 21 (1) local governments shall be obliged to do coaching and supervision against the implementation of policies and preventive preemtif prevention, empowerment and community awareness as well as the implementation of rehabilitation against the victims of the trafficking of people. (2) the community either individually or groups entitled to exercise the supervision against implementation of the join Rule this region. CHAPTER XII FINANCING Article 22 (1) of the financing for the implementation of countermeasures to trade people, sourced from the aid Budget of the State Expenditures and Revenues, income and Expenditure Budget Aid of West Java province, budget revenues and shopping districts as well as other legitimate sources and are not binding. (2) the financing that comes from other sources that are considered legitimate and not binding as referred to in subsection (1) is accessible to all parties and could be accounted for. CHAPTER XIII the ADMINISTRATIVE PENALTIES Article 23 Every corporation doing, doing, doing and/or help facilitate the occurrence of Trade Administration penalized in accordance with the legislation in force. CHAPTER XIV of the CRIMINAL PROVISIONS Article 24 any action or series of actions by individuals and/or corporations that meet the elements of the trade practices of the person subject to criminal sanctions in accordance with the legislation in force. CHAPTER XV TRANSITIONAL PROVISIONS Article 25 at the time of the enactment of the regulations in this Area, then all provisions and/or regulations pertaining to pencegahaan, handling and prevention of trade practices people all not contrary to Rule these areas remain valid. http://www.bphn.go.id/11 CHAPTER XVI MISCELLANEOUS PROVISIONS Article 26 and COVER other things which are not yet regulated all about technical implementation will be set later and is a single entity which is not an integral part of the regulation of this area. Article 27 of the regulation in this Area took effect on January 1, 2011. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the sheet area. Set in Cianjur. on February 19, 2010 REGENT CIANJUR, Cap/ttd DAMON JONATHAN DHARMA Enacted in Cianjur on March 5, 2010 SECRETARY Cap/ttd. The Main Builder Of The Young KAIKEYI MASKANA NIP. 15710141985031004 SHEET AREAS CIANJUR 2010 SERIAL number 11 C. http://www.bphn.go.id/http://www.bphn.go.id/http://www.bphn.go.id/