Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5198cb55a09124313233363436.html
BN 75-2008 Text copy _?.
Back NEWS REPUBLIC of INDONESIA No. 73, 2008 REGULATIONS the HEAD of STATE POLICE of the REPUBLIC of INDONESIA number 9 in 2008 ABOUT the CONDUCT of the service, SECURITY and HANDLING the MATTER of DELIVERY in PUBLIC OPINION with the GRACE of GOD ALMIGHTY HEAD of the INDONESIAN NATIONAL POLICE,.,, Considering: a. that everyone has the right to deliver an opinion in public with verbal and/or writing independently and are responsible for compliance with the provisions of legislation as specified in article 28 E of the Constitution of the Republic of Indonesia In 1945;
., b., that in the exercise of rights and freedom, everyone is obliged to respect the human rights of others in an orderly life of society, nation and State and must be subject to the restrictions set by law as specified in article 28 J of the Constitution of the Republic of Indonesia in 1945;
.,, c. that the provision regarding the submission of opinions in public that already exist have not provided clear limitations, giving rise to the interpretation for the multi activity organizers delivering opinions in public or officers who implement safeguards in the field;
.,, d. that to equate perception, needed clearer rules on the service of delivery activities in public opinion which includes the protection of the rights and responsibilities of citizens in a balanced and clear implementation instructions for the apparatus to guarantee legal protection and legal certainty in the implementation of safeguards the submission of opinions in public;
.,, e. that based on considerations as referred to in letter a, letter b, letter c, letter d and need to set the rules of the head of the State police of the Republic of Indonesia concerning the procedures for Organizing, service, Security and handling the matter of delivery in Public Opinion;
.,, Considering: 1. Act No. 1 (1946) of the book of the law of criminal law (news of the Republic of Indonesia II, 9) and their changes;
., ,2. Act No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209);
., ,3. Act No. 14 of 1992 about traffic and Road Transport (State Gazette of the Republic of Indonesia Number 49 in 1992, an additional Sheet of the Republic of Indonesia Number 3480);
., ,4. Act No. 9 of 1998 about Independence Delivered Opinions in public (State Gazette of the Republic of Indonesia Number 181 in 1998, an additional Sheet of the Republic of Indonesia Number 3789);
., ,5. 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);
., ,6. Act No. 2 of 2002 on State police of the Republic of Indonesia (the State Gazette of the Republic of Indonesia number 2, 2002 an additional Sheet of the Republic of Indonesia Number 4168);
., ,7. The decision of the President of the Republic of Indonesia Number 70 in 2002 about the Organization and work of State police of the Republic of Indonesia;
., ,8. Assistant Regulation No. Pol 16 in 2006 about crowd control Guidelines;
DECIDED:.: regulations, sets, HEAD of the INDONESIAN NATIONAL POLICE ABOUT the PROCEDURES for ORGANIZING the service, SECURITY and HANDLING the MATTER of DELIVERY in PUBLIC OPINION.
PIG GENERAL PROVISIONS article 1 in regulation this Assistant is:.,, 1. State police of the Republic of Indonesia which further shortened the national police is a State that plays a role in maintaining security and order of society, enforce the law, as well as provide protection, shelter, and service to the community in the framework of the rights of security in the country.
., ,2. Public opinion in advance of delivery is delivery of the mind with oral, writing, and so freely and bertangggung responsibility before the people, or others, including in places that can be visited and/or the men in accordance with the provisions of the legislation.
., ,3. Rally is an activity undertaken by one or more to issue the mind with oral, writing, and so demonstratively in public.
., ,4. Receipt Notification letter which further shortened STTP is a written statement from Police Officials who had received a notice from the Organizer in full political activities. 5. The March is a way of delivering an opinion with a procession on public roads.
., ,6. The general meeting is an open meeting that is underway to deliver opinions with a specific theme.
., ,7. Free speech is the delivery of activities in public opinion conducted freely and openly with no particular theme.
., ,8. Anarchists was the act committed deliberately or flagrantly by a person or a group of people as opposed to the legal norms that result in chaos, jeopardizing public security, threatening the safety of goods and/or people, damage to public facilities or property rights of others.
., ,9. The police officer was the head of the local police force who issued the STTP.
Article 2 of the regulation as a aims Assistant: a. guidelines in the framework of the implementation of the delivery in public opinion;.,, b. guidelines in order to grant of standard services, safeguards activities and the handling of the matter in the submission of opinions in public, so that the independence process the submission of opinions can run well and orderly.
Article 3 principles in the implementation of the basic Regulation these include Assistant:.,, a. legality: events/penindakan always the underlying legislation;
.,, b. protection of HUMAN RIGHTS: events/penindakan pay attention to and respect for the fundamental rights of human beings (not arbitrary);
.,, c. benefit: events/penindakan that do indeed really helpful in order to avoid the incidence of loss or a larger danger that may occur, if not performed actions;
.,, d. legal certainty: events/penindakan made to ensure the tegaknya of law and justice;
.,, e. Justice: events/penindakan done objectively, not membedabedakan and not favoring the interests of one of the parties; f. public interest: events/giving priority to mandatory public interest penindakan;., g., efficiency and effectiveness: events/penindakan noticed the use of minimal cost, but appropriate and right on target;
.,, h. alignment: events/penindakan conducted through cooperation, coordination and synergy between the elements involved in any activities;
.,, i. accountability: events/penindakan can be accounted for in a rational and clearly measurable;
.,, j. transparency: activities/penindakan is done with regard for the principle of openness and informative for the parties concerned;
.,, k. proportionality: events/penindakan accordance with portions (not too weak but not excessive) having regard to the balance between the weight of the threat by way of penindakan;
.,, b. balance: events/penindakan be applied having regard to the balance between the application of the protection of the rights and obligations of citizens as well as implementation officer;
., m., the basis of deliberation and consensus: events/penindakan be carried out having regard to the agreement between the parties concerned.
Article 4 scope of Regulations Assistant include: a. the form and conditions of delivery activities in public opinion;
b. the rights, obligations and restrictions;., procedure, c. notice and service delivery implementation in public opinion; d. safeguards implementation of delivery in public opinion; and e. the handling of case submission of opinions in public.
BABII DELIVERY ACTIVITIES in PUBLIC OPINION is considered part of the forms of activities article 5 forms of activities filing of opinion in public includes: a. a rally or demonstration;
b. the marches;
c. the general meeting;
d. free speech;
e. submission of a verbal expressions, body language, gestures;., f. submission of opinions with props, pictures, pamphlets, posters, brochures, leaflets, Petitions, banners; and g. other activities which essentially convey opinions in public.
The second part of the provisions Implementing article 6 Activities., (1) in order to maintain security and public order, any delivery activity organisers in public opinion, obliged to deliver a notice in writing to the local police Officials, prior to the activity performed.
.,, (2) submission of opinions in public can only be implemented, at the times as follows:.,, a. in the open between 06.00 till 18:00, local time;
b. in the closed place between 06.00 to 22.00 local time.
Chapter 7 Organizing delivery of the opinion of the public, are required to:.,, a. notify in writing to the officials of the Police Department in which such activities are carried out; b. be done taking into account the human rights of others;
c. comply with the provisions of the applicable legislation;
d. do not violate norms of propriety, custom, religion, and morality;
e. pay attention to order and the public interest.
The third part of the rights, obligations and Restrictions of paragraph 1 the rights and obligations of the participants section 8 citizens who delivered the opinion of the public, are entitled to: a., Association and Assembly, pull out the mind with spoken and written (article 28 of the CONSTITUTION of INDONESIA in 1945);
., b., Association, Assembly, and issued an opinion (article team of paragraph (3) of the CONSTITUTION of INDONESIA in 1945);
.,, c. issuing mind freely and obtain legal protection (article 5 of ACT No. 9 of 1998);
.,, d. had, issuing, and disseminate the opinion according his conscience, orally and through print and electronic media to pay attention to the values of religion, morality, public order, public interest, and the integrity of the nation (article 11 paragraph (2) of law No. 39 of 1999);
.,, e. submits opinions, requests, complaints, and or a proposal to the Government which is clean, effective, and efficient, with either oral or writing in accordance with the regulations (article 44 of ACT No. 39 of 1999); f. issuing of mind with oral or writing responsibly.
Article 9.,, (1) citizens who delivered the opinion of the public liable and responsible for:.,,.,, a. respecting the human rights of others in an orderly life of society, nation, and State (article 28J subsection (1) of the CONSTITUTION of INDONESIA, 1945).
.,, b. subject to limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the demands of a fair in accordance with considerations of a moral, religious values, security and public order in a democratic society (article 28J paragraph (2) of the CONSTITUTION of INDONESIA, 1945);
.,, c. respect the rights and freedoms of others, respect for the rules of a recognised public morals, adhering to the law and the provisions of the prevailing laws, peratuan preserves and respects the security and public order, and maintain the integrity of the Union and the unity of the nation (article 6 of ACT No. 9 of 1998);
.,, d. participate in order to make the delivery in public opinion can take place in a safe, orderly and peacefully (article 8 of ACT No. 9 of 1998).
.,, (2) the organizers of activity in public opinion of the delivery obligation and responsibility to:.,,.,, a. notify in writing to the local police before execution of the delivery activities in public opinion;
.,, b. conduct coordination with related agencies and authorities for smooth and safeguards activities of the delivery in public opinion;
.,, c. carry out the submission of opinions in public in a way that does not disturb security and order environment.
Paragraph 2 of article 10 Prohibition of activities in public opinion Submission prohibited performed in:.,, a. places of worship, hospitals, air or sea port, the train station, terminal overland transport;
.,, b. National vital objects within a radius of less than 500 metres from the fence outside; c. military installations within a radius of less than 150 metres from the fence outside;, d.., in an environment of Presidential Palace (President and Vice-President) within a radius of less than 100 metres from the fence outside;
.,, e. through road route which crosses the territory of the Presidential Palace and the places of worship at the time of worship is in progress.
Article 11 the submission of opinions in public is forbidden is done at time:.,, a. great day of national, i.e. new year, Hari Raya Nyepi, a day of the death of Jesus Christ, Isra Mi raj, Ascension Jesus Christ, Vesak Day, feast of Eid al-Fitr, the feast of Eid al-Adha, the day of Mawlid Nabi, 1 Safar, Christmas day, 17 August; b. other big days prescribed by the Government;, c.., outside the specified time limit, as stipulated in article 6 paragraph (2) of article 12 submission of opinions in public is forbidden is done by means of: a. do not notify in advance to the local police;
b. violating traffic rules;., c., tarnishing the national flag of the Republic of Indonesia and the coat of arms of Republic of Indonesia (article 154a of the CRIMINAL CODE);
.,, d. declaring hostility, hatred or contempt towards a group or multiple people Indonesia (article 156 of the CRIMINAL CODE);
.,, e. removing feelings or do any act that is hostility, abuse or desecration of a religion is practised in Indonesia (article 156a);
., f., broadcast, perform or paste the writing or painting in public statements containing hostility, hatred or contempt among or against the Indonesia people's groups (article 157 of the CRIMINAL CODE);
., g., oral or writing incite so doing criminal or violence against public rulers or not comply with the provisions of law or command position (article 160 of the CRIMINAL CODE);
., h., broadcast, perform or paste in public posts that incite Criminal deeds, doing so against the rulers of the public with violence (article 161 of the CRIMINAL CODE);
.,, i. oral or writing offers to give information, opportunity or means to perform a criminal act (article 162 of the CRIMINAL CODE);
., j., broadcast, perform or paste in public posts offered to give information, opportunity or means to perform a criminal act (article 163 of the CRIMINAL CODE);
.,, k. stir others so crimes (article 163 bis of the CRIMINAL CODE);
., l., forced entry into the home, room or yard closed in against the law by corrupting/climbing/using phony keys children/threatened/using the means that can be scary people (article 167 of the CRIMINAL CODE);
., m., forced entry into the room for the public service against the law by corrupting/climbing/using phony keys menacing/child as well as use the means that can be scary people (article 168 of the CRIMINAL CODE);
.,, n. with outright and shared power with the use of violence against persons or goods (article 170 of the CRIMINAL CODE);
.,, o. deliberately disturbing the peace by issuing fake distress signal or teriakteriakan (article 172 of the CRIMINAL CODE);
., p. with violence or threats of violence thwarted the rally is allowed (article 173 of the CRIMINAL CODE);
., q. intentionally disrupt public meetings are permitted with the disarray or noise (article 174 of the CRIMINAL CODE);
.,, r. with violence or the threat of violence would impede religious gatherings are common and allowed or permitted religious rites or ceremonial burial of bodies (article 175 of the CRIMINAL CODE);
.,, s. deliberately disrupting meetings of the religious public and which are allowed or permitted religious rites or ceremonial burial of the corpse by poses chaos or noise (article 176 of the CRIMINAL CODE);
., t., laugh at a religious officer in carrying out tasks that are permitted and insulting the objects for the purpose of worship in place or at the time of worship is performed (article 177 of the CRIMINAL CODE);
.,, the U.S. deliberately cause fires, explosions or floods can cause hazard common to soul and or goods (article 187 of the CRIMINAL CODE);
., v., transporting objects or utensils that can cause an explosion endangering life and or goods (article 187 bis);
., w., causing fires, explosions or floods can cause hazard for the soul and or goods (article 188 of the PENAL CODE);
.,, x. intentionally destroy, damage or make the electrical building cannot be used (article 191 of the PENAL CODE bis);
., y., causing an electrical building was destroyed, damaged or cannot be used (article 191 of the ter CRIMINAL CODE);
., z., intentionally destroyed, cannot be used to make or break a building for public traffic or obstruct public roads land or water or thwart efforts to safeguarding the building or street (article 192 of the CRIMINAL CODE);
.,, aa. cause the building to public traffic is destroyed, it cannot be used or damage or causing ground water or public roads are blocked or attempts to safeguard the building or street foiled (article 193 of the CRIMINAL CODE);
.,, w. deliberately cause a traffic hazard for the public that is driven by steam power or the power of any other machine on the path train or tram (article 194 of the CRIMINAL CODE);
., cc., poses a danger to public traffic that is driven by steam power or the power of any other machine on the path train or tram (article 195 of the CRIMINAL CODE);
.,, DD. intentionally destroy, damage, take or move the sign to the security of the cruise or thwart his work or put the wrong sign (article 196 of the CRIMINAL CODE);
., ee. led sign for security is destroyed, tampered with, taken or moved or cause erroneous sign installed (article 197 of the CRIMINAL CODE);
., FF., intentionally and unlawfully sink or mendamparkan, destroy, coins cannot be used or damage the ship (article 198 of the CRIMINAL CODE);
.,, gg. lead ship sunk or stranded, destroyed, defaced or cannot be used (article 199 of the CRIMINAL CODE); HH. intentionally destroying or damaging building or buildings (article 200 of the PENAL CODE);., ii. causes of the building or buildings destroyed or tampered with (article 201 of the CRIMINAL CODE);
.,, jj. oral or writing insulting a public agency or a ruler that is in Indonesia (article 207 of the CRIMINAL CODE);
.,, kk. broadcast, perform or paste in public writing or painting that contains an insult to the ruler or the body of public that exists in Indonesia (article 208 of the CRIMINAL CODE);
., ll., with violence or threats of violence forced the officials to do the deed Office or not to do a legitimate term (article 211 of the PENAL CODE);
.,, mm. with violence or threats of violence against officials who are running legitimate duties (article 212 to 214 of the CRIMINAL CODE Article).
.,, nn. intentionally disobey orders or requests made by law by officials or opposing or menggalkan action in order to execute the provisions of the act committed by the official (article 216 of the CRIMINAL CODE);
.,, oo. cause of noise in a court hearing or a place where an official is running a legitimate task in public (article 217 of the CRIMINAL CODE);
.,, pp. unlawfully tearing, create can not be read or damaging information announced by the Government (article 219 of the CRIMINAL CODE);
.,, qq. intentionally disconnecting, dispose of or damage the sealing of an object by or on behalf of public authorities rulers (article 232 of the CRIMINAL CODE);
.,, rr. intentionally destroy, damage, making nobody can wear, remove goods that used to be convincing or prove something in the face of the sovereign authorities (section 233 of the CRIMINAL CODE);
., SS., make noise or noisy so disturbing the serenity of the night or make noise near buildings for worship or for the court session (article 503 of the CRIMINAL CODE);
.,, tt. disobeying orders or instructions given by the police in order to prevent accidents and traffic congestion (article 511 of the PENAL CODE);
.,, uu. carry objects that can endanger public safety (article 9 paragraph (3) of law No. 9 of 1998).
Paragraph 3 the duties and Obligations of Government Agencies in implementing chapter 13 filing in public opinion by citizens, government agencies shall be obliged and responsible to: a. protect human rights;
b. appreciate the principle of legality;
c. appreciate the principle of presumption of innocence; and d. organises safeguards.
Article 14 (1) in the performance of the delivery of the opinion of the public, police on duty to:.,,.,, a. provides security protection against the perpetrators or participants submitting an opinion in public; b. delivery guarantee freedom of opinion from the intervention of others;., c. organises safeguards to ensure the security and public order in accordance with the applicable procedures.
.,, (1) against the submission of opinions in public, which is done in a manner in accordance with the provisions of the law, the Police is obliged:.,,.,, a. received notification about conducting of the delivery of the opinion of the public and make the STTP;
.,, b. do the coordination with the organizer of the activity and the corresponding elements in the framework of the various activities;
.,, c. do the safeguards activities of the delivery of the opinion of the public so that its implementation is running smoothly and orderly;
.,, d. do safeguards in an environment so that is not the case the intervention of the other party.
.,, (2) against the submission of opinions in public that are done by unlawful actions can be done as follows:.,,.,, a. persuasive effort, so that the activities be carried out orderly and according the rule of law; b. granting a warning by authorities against unlawful entrant;, c.., grant of a warning to the person in charge of the implementation of the delivery of the opinion of the public who did the crime, can are convicted in accordance with the provisions of the prevailing laws and regulations coupled with 1/3 (one of three) of the principal criminal;
.,, d. cessation of activity of public opinion in advance of the submission that is unlawful; e. the dissolution of mass;
f. the arrest of perpetrators of the lawless detention and, when necessary;
g. evidence searches and seizures;
h. other police actions which can be accounted for.
.,, (3) an action referred to in subsection (3) is applied on the order of assignment in charge of security in the field by observing the principles referred to in article 3.
The fourth part Procedure Notices and service activities of the paragraph 1 of article 15 Notification Procedure Activities., (1) submission of mandatory public opinion is informed in writing to the police and perfect humility level Polsek where public opinion in advance of delivery will be done.
.,, (2) a notice in writing made by a concerned, leaders, or the person in charge of the Group and delivered directly to local police officials.
.,, (3) the notice referred to in subsection (1) and paragraph (2) at least 3 x 24 (three times twenty-four) hours before the activity started, has been accepted by the local Police.
.,, (4) a notice in writing does not apply to scientific activities on campus and religious activities.
.,, (5) the notice referred to in subsection (1) and paragraph (2) contains:.,, a. intents and purposes;
b. place, location, and route;
c. time and long;
e. in charge;
f. the name and address of the Organization, group or individual;
g. the props to be used; and/or h. number of participants.
Paragraph 2 of Service Activities article 16 (1) after receiving the notice, the Police is obliged:.,,.,, a. examine the correctness and completeness of the notice in addition to the substances referred to in in article 15 paragraph (5), also includes the identity of the person in charge and it comes with a photocopy of KTP/SIM;
.,, b. immediate STTP with copy to the police units associated, related agencies, owner/location where the object/target of the delivery in public opinion;
.,, c. coordinate with the person in charge of delivery in public opinion for security planning, referral/guidance to implementers for smooth delivery and order opinions;
.,, d. in case there is a notification activity plan the submission of opinions in public at the same time places, routes and/or time that is expected to cause insecurity Kamtibmas, then the police officer still issuing STTP with the inclusion of a note of the suggestion to not implemented activities in question or divert site, routes and/or time with the underlying principle of deliberation;
.,, e. coordinate with the leadership of the agency/institution that will be the goal of delivery in public opinion; f. prepare security place, location, and route.
.,, (2) in the event of a change of activity plan concerning the place, time and route, then the participant is obligated to inform the concerned authorities at least 1 x 24 (one of twenty-four) hours, prior to the implementation of the adjustment to the plan safeguards.
The fifth part of the Safeguards Activities, article 17, (1) in order to provide security protection against the Organization of the delivery of the opinion of the public, the Police is obliged:.,, a. survey location activities;.,, b. preparing planning activities include security personnel, equipment and methods of operation/patterns;
.,, c. conduct coordination with surrounding environment and in charge of the activities;
.,, d. giving direction to the organizers in order to prepare the safeguards in its environment;
., e., provided security in the form of equipment or arrangements for smooth delivery activities in public opinion.
.,, (2) in order to guarantee freedom of opinion from the delivery of the intervention of the other party, the Police is obliged:.,,.,, a. prevent disruption of the implementation of the activities of the public opinion in advance of the submission by the other party; b. prevent the occurrence of mass clashes;., c. prevent other parties conducting activities that interfere with the execution of the delivery activities in public opinion.
.,, (3) in order to organise security to ensure security and public order, the Police is obliged:.,, a. do settings, care, escort and patrol;
b. prevent participants take action that violates the law;., c. do penindakan of events that disrupts kamtibmas proportionally;
.,, d. coordination with other apparatus elements in order to ensure security and public order;
.,, e. do other actions for the sake of the delivery activities of the Martinet in public opinion.
Article 18 in order to prevent and anticipate the possibility of an increased escalation of the situation in the delivery of activities in public opinion, the Police were obliged to perform:.,, a. intelligence elements covered by safeguards in order to detect the likelihood of onset of disorder and documenting the course of the activities of the rally;
.,, b. settings, care, escort and security unit Samapta and traffic together with the organizer of the Committee;
.,, c. preparation of elements of technical support safeguards among other negotiators, public address;
.,, d. preparation of the elements of the tactical support of security related functions, such as unit Publicist police, Brimob police, and Poludara Police.
The sixth section is Handling the matter a violation of paragraph 1 the type of Violation article 19 Offence that can occur in the delivery of activities in public opinion, among others:.,, a. submission of opinions in public that was done without prior notice;
.,, b. submission of opinions in public that do not comply with the provisions in the notice (for example: location, place, breaking the route and time); c. submission of opinions in public that disrupts traffic (for example: blocking the road, endangering users of the road, menguasasi road, against the current, carried passengers above the hood of the car);.,, d. submission of opinions in public that disturbs public order (for example: burn ban/banners/images, props, officials make a rowdy with loudspeakers, intimidation) as set forth and threatened in violation of articles of the CRIMINAL CODE;
.,, e. submission of opinions in public that the anarchist/accompanied by a criminal offence or a crime against public order, crimes endangering public security for people or goods, and crimes against public rulers (eg: damaging the fence, damaging public facilities/personal, sweeping, obstruct and undermine public transportation/personal/service, burning, carrying and/or use of molotov cocktails, doing acts of violence/abuse, hostage-taking, and other criminal acts); f. submission of opinions in public that cause mass unrest.
Paragraph 2 of article 20., Penindakan, (1) against the submission of opinions in public in violation of the provisions of the legislation, required action by the police to implement actions that professional, proportionate and consider the principles referred to in article 3.
.,, (2) in terms of penindakan the law cannot be done instantly, with consideration of the likely wider unrest occurs, or can trigger mass brutality, then law enforcement actions remain enforceable after the situation allows.
Stage Penindakan Article 21., Penindakan, (1) against violations of public opinion in advance of delivery is carried out by applying early action sequences from the most lenient method to the most emphatic adapted to developments in the situation and pay attention to the principles referred to in article 3.
.,, (2) against the submission of opinions in public that does not comply with the notice can be done the following acts:.,,.,, a. gave a warning to the organisers for complying with appropriate STTP issued; b. stop the perpetrator who commits the Act of aberrant;
c. stop the activity entirely;
d. dissolved the mass;
e. undertaking rehabilitation and consolidation of the situation;
.,, (3) against the submission of opinions in public that disrupts traffic can be done the following acts:.,,.,, a. gives warning to violators of traffic (the driver and/or passenger) and stop the vehicle in violation of;
.,, b. serious traffic violations can be done penindakan the offence of speeding tickets at once, and if not possible it can be done at a later date (e.g. Note the identity of the vehicle and the next day do penindakan);
.,, c. against the perpetrators of the submission of opinions in public that sit, lie down blocking roads with bodies or other goods, and so do warnings for open lanes of traffic and if it does not comply with the removal efforts can be done in a way that is persuasive and educative, and if it still does not comply with the forced displacement can be done in a way that is humane.
.,, (4) against the submission of opinions in public that disturbs public order do penindakan are persuasive to stop activities and if they fail to proceed with the effort force proportionally to stop the disturbance of public order that occurred.
.,, (5) against the submission of opinions in public that anarchists do penindakan as follows:.,, a. stop the anarchic action through advisories, persuasive and educative;.,, b. applying the effort force as a last resort after persuasive efforts failed;
.,, c. applying the penindakan law professionally, proportional and tailored to the situation nesesitas and conditions;
., d. penindakan in terms of the law cannot be done instantly, then the efforts of collecting evidence and activities in order to support the efforts of penindakan at a later date (e.g. doing the recording of the identity of the target, shoot, record of activities); e. undertaking rehabilitation and consolidation of the situation.
Section 22 Against the submission of opinions in public that cause mass unrest, acts performed with the strict unity of bonds under the control of the competent authority to implement pattern: a. the unit back up systems are hierarchical;
b. the system backing up rayonisasi (the nearest Police Unit).
Paragraph 4 of standard Penindakan Principals Article 23.,, (1) in dealing with the matter of delivery in public opinion should always note the actions of officers who can distinguish between the perpetrator and the anarchist participants submitting an opinion in advance of other public not involved violations of the law;
.,, a. against law-abiding participants should remain given legal protection;.,, b. towards the perpetrators of the outlaws to do action emphatic and proportionate;
.,, c. against perpetrators who are anarchists carried out decisive action and attempted to capture the perpetrators and attempts to stop the anarchic actions.
.,, (2) the perpetrator of the violations have been caught should be treated humanely (should not be molested, dragged, abused, and so on).
.,, (3) an attempt arrest the perpetrator of the offence may be made immediately at the time the event occurs, but if it does not allow consideration will cause broader impacts, then an arrest can be made at a later date.
.,, (4) the process of handling the next offence perpetrators performed according procedures in the CODE of CRIMINAL PROCEDURE and observing human rights.
Article 24 in applying the effort force to avoid the occurrence of things that are counter productive for example:.,, a. action apparatus that spontaneity and emotional, for example pursuing the perpetrators, reply to throw catch with coarse perpetrators, by persecuting or hit;
.,, b. out of bond units/formations and the pursuit of mass individually;
.,, c. wayward and obey the orders of the head of the field units are responsible for appropriate grades; d. the authorities actions beyond those powers;., e., the apparatus action violence, persecution, harassment, violate HUMAN RIGHTS; f. do other deeds that violate laws and regulations;
Paragraph 5 of the standard handling of Evidence Article 25 the standard handling of evidence as follows:.,, a. against all evidence related to the violations misdemeanors or anarchist action/criminal to do foreclosures;
.,, b. against traffic offences committed in public opinion in advance of delivery for example: vehicles, documents and other equipment carried out the seizure immediately or at a later date in accordance with the circumstances and conditions;
.,, c. items of evidence related to a breach of public order, among others, sound system, sport, tools, props, conducted seizure once or at a later date in accordance with the circumstances and conditions;
.,, d. stuff the evidence associated with the anarchist action done foreclosure immediately or at a later date in accordance with the circumstances and conditions; e. procedure for the seizure of evidence notice procedures in the CODE of CRIMINAL PROCEDURE.
The seventh part of case Completion Article 26.,, (1) Investigation of case in public opinion submission can be done with the procedure:., penindakan, a. Ticketed;
b. criminal act;
c. investigation of things quickly;
d. investigation of ordinary matter.
.,, (2) the procedure of investigation of ordinary things done by guided by CRIMINAL PROCEDURE CODE and the terms of its implementation.
Article 27 lawsuit Investigation submission of mandatory public opinion get priority to accelerating the handling and settlement of pemberkasannya in the following way:.,, a. coordination with the public prosecutor must have started from the beginning of the investigation;
.,, b. docket simple attempted within a maximum of fourteen (14) days has been submitted to the public prosecutor (JPU);
.,, c. JPU in terms of assessing that the Docket was still less complete, then investigators together with shortage of appropriate referral completes JPU JPU until the file is declared complete;
.,, d. attempted within a maximum of 1 (one) month files can already assigned to the Court.
CHAPTER III COACHING RELATIONSHIP with SOCIETY Article 28.,, (1) in order to ensure the implementation of the independence of public opinion in advance of delivery, in addition to preventive and repressive approach through, but also through the efforts of pre-emptif i.e. through the construction of a harmonious relationship between the officer with the community.
.,, (2) to create harmonious relationships, efforts and activities are as follows:.,,.,, a. dissemination provisions organizing the independence of public opinion in advance of delivery among the public in order to understand and comply with the applicable rules;
.,, b. understanding to all officers on procedures implementation services, security, handling of case independence of public opinion in advance of delivery, so that the implementation of the tasks in the field can be implemented professionally and proportionately;
.,, c. each cantonal obligatory direction of raising and established good relations with all the potential of the community primarily community groups who are actively doing the submission of opinions in public;
.,, d. every leadership of the cantonal Parliament of obligatory coordination with relevant agencies and other community potential in order to embody power charms against the onset of action of anarchists;
.,, e. every police leader obliged facilitate or become a mediator between the parties who delivered the opinion of the public and the party become the targets of public opinion in advance of delivery;
., ,f. raising efforts need to agencies or officials who often become the targets of public opinion in advance of delivery for open/transparent nature in order to accommodate the inspiring activist protesters so anarchic actions can be minimized.
CHAPTER IV the COACHING ABILITY of the APPARATUS of article 29 in order to improve the capability of the Police in carrying out the duties of service, security, handling of case independence of public opinion in advance of delivery, efforts need to be done coaching ability that continues through the following priorities:.,, a. routine training of emotional control officer in order to have the mental toughness in the face of physical or psychic pressure especially in the face of mass fishing of anarchists; b. training in crowd control unit continuously;., c. increase the completeness of crowd control and innovation tools to support a smooth service, security, handling of case independence of public opinion in advance of delivery, that meet the standards of HUMAN RIGHTS;
.,, d. upgrade early detection intelligence through increased professionalism and the ability of intelligence;
.,, e. increased ability of investigators in the resolution of matters related to the submission of opinions in public, so it is able to meet the target;
., ,f. improved coordination of the elements of the Criminal Justice System (CJS) to support the smooth completion of the filings with securities and pelimpahan to the Court.
Chapter V ADMINISTRATIVE article 30 in order to receipt of notification and publication of the STTP independence delivered in public opinion, the Administration is prepared as follows: a. the file receipt notification form;
b. the notice of appointment book;
c. STTP agenda books;
d. book STTP expedition; and
e. STTP form attachments.
Article 31 Costs of administration, operations and logistics required in the conduct of the service, security and handling matters in public opinion delivery charged to the budget Office.
Article 32 Implementation of organizing services, safeguarding and handling matters in public opinion submission reported to the hierarchical unity.
Article 33 national police Union that issued the STTP doing documentation includes the following: a. the identity of the Chairman, Executive Board, and an organization/group;.,, b. Statute, articles of Association and Bylaws (Bylaw), if applicable; c. activities and political aspirations of an organization/group/individual.
CHAPTER VI CLOSING PROVISIONS Article 34 at the time these regulations come into force, all the rules concerning the procedures for Organizing, service, Security and handling the matter of delivery in Public Opinion, otherwise still remain in force throughout does not conflict with this regulation.
Article 35 of the regulation this Assistant comes into force on the date specified.
So everyone knows, this Assistant Regulations enacted by its placement in the news of the Republic of Indonesia.
.,, Set in Jakarta on November 7, 2008 the HEAD of the INDONESIAN NATIONAL POLICE, BAMBANG HENDARSO DANURI Drs., West Java.
GENERAL POLICE Enacted in Jakarta on November 13, 2008 MINISTERS of JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, ANDI MATTALATTA
Search Translated Laws of Indonesia