Regulation Of The Minister Of Law And Human Rights The Number Of M .03-Pw. 23 Yrs 2007 2007

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor M.03-PW.03.10 Thn 2007 Tahun 2007

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51e6792ae0ab9a313233383537.html

PERMEN07. URM.03-PW.03.10.TXT Text copy _?.
Again the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA number: m. 03-03 of 2007. PW ABOUT the PROCEDURES for examination, the OVERTHROW, and the DELIVERY of DISCIPLINE PENALTIES with the GRACE of GOD ALMIGHTY the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA,.,, Considering: a. that to further enhance the order and discipline civil servant in the Ministry of law and human rights needs to be done against the enforcement of punishment discipline for Officers of proven violation of discipline employees;
.,, b. that to ensure the review process and the overthrow of the discipline punishment carried out objectively, fairly, and in accordance with the values of human rights, need to be set regarding the review process and the overthrow of punishment discipline;
.,, c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of law and human rights of Inspection Procedures, the overthrow, and the delivery of Discipline Penalties;
.,, Considering: 1. Act No. 8 of 1974 about Staffing issues (State Gazette of the Republic of Indonesia Number 169 in 1974, an additional Sheet of the Republic of Indonesia Number 3890) as amended by Act No. 43 of 1999 (State Gazette of the Republic of Indonesia year 1999 Number 169, additional State Gazette Number 3890);
., ,2. Government Regulation number 30 in 1980 about the rules of the discipline of civil servants (State Gazette Number 50 in 1980, State Gazette Supplementary Number 3176);
., ,3. Government regulation of the Republic of Indonesia number 9 in 2003 about the authority of appointment, transfer, and dismissal of civil servants (State Gazette No. 15 of 2003);
., ,4. Presidential regulation of the Republic of Indonesia number 9 in 2005 about the position, tasks, functions, Organization and the Ministry of Labor of the Republic of Indonesia;
., ,5. Presidential regulation of the Republic of Indonesia Number 91 in 2006 regarding changes to the top of the fifth President of the Republic Indonesia Regulation No. 10 in 2005 about the Task and Organizational Unit Echelons I Ministries of the Republic of Indonesia;
., ,6. Regulation of the Minister of law and human rights the number M.01.PR-07-2005 10 years about the Organization of Work and the Regional Office of the Department of law and human rights Republic of Indonesia;
DECIDED:.,, define: REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA REGARDING the PROCEDURES for examination, the OVERTHROW, and the DELIVERY of PUNISHMENT discipline.
CHAPTER I GENERAL PROVISIONS article 1 the definition of punishment discipline in this regulation is referred to in the disciplinary punishment of the Government Regulation number 30 in 1980 about the rules of discipline of civil servants.

Article 2, (1) an authorized officer examine and punish the officials who are authorized by the Minister of law and human rights to examine Avenged and discipline to the employees who do breach of discipline.
.,, (2) the disciplinary punishment of the overthrow of Authority delegated as mentioned in subsection (1) only for the type of disciplinary punishment levels was light and medium. (3) the authorities of the overthrow of the heavy level of discipline penalty is not delegated.
.,, (4) delegations examination and the overthrow of the discipline punishment referred to in subsection (1) is designated by a decision of the Minister of Justice and human rights.
CHAPTER II article 3, CALLINGS, (1) the competent authority checking and punishing, can do the callings against civil servants suspected of violation of discipline for review.
.,, (2) rank and/or Office Officials referred to subsection (1) must not be lower than the rank and/or the Office of the civil servants who will be checked.
Section 4.,, (1) the invitation referred to in article 3 paragraph (1) may be made orally.
.,, (2) When calling orally are not met by the civil servant in question, then calling in writing.
.,, (3) in the event of calling in writing referred to in subsection (2) is also not filled, then it does not hinder the process of removal of public punishment for discipline are concerned.
.,, (4) in conducting callings as referred to in paragraph (1) and paragraph (2), should consider the time lag required to deliver calls and attendance is concerned.
CHAPTER III EXAMINATION article 5 examination of civil servants suspected of violation of discipline is carried out based on the reports, information, and other resources about infringement of discipline civil servants.

Article 6 (1) the checks referred to in article 5 are performed by:.,,.,, a. officials received delegations to conduct the checks and punish as referred to in article 2; and/or b. the Inspector General.
.,, (2) in the case of certain Officials as referred to in paragraph (1) letter a may order other officials in their environment to conduct the examination.
.,, (3) the Inspector General referred to in paragraph (1) letter b is functionally able to order the officials under him to conduct the examination.
.,, (4) the officials referred to in subsection (2) in conducting the inspection should be based on a warrant to conduct the checks signed by the Officials referred to in subsection (1).
.,, (5) rank and/or Office officials ruled checks should not be lower than the rank and/or the Office of civil servant are examined.
.,, (6) the provisions as referred to in subsection (4) does not apply in the event of an examination conducted by the General Inspectorate Officials are instructed to perform functionally checks against a civil servant are examined.
Article 7 prior to the inspection, the officials referred to in article 6 should be studied carefully in advance reports, information, and other resources as stipulated in article 5.

Article 8 prior to the inspection, the Officials referred to in article 6 should notify in advance about the direct supervisor pemeriksanaan civil servant are examined.

Article 9 in the event certain to obtain more accurate data and objective officials referred to in article 6 may perform clarification directly to civil servants suspected of violation of discipline or other parties if necessary.

Section 10.,, (1) the examination can be attended by the superior civil servant are examined or attended by officials of the designated rank and his Office should not be lower than the rank and position of civil servant are examined.
.,, (2) the examination must be done carefully, objectively, and uphold the principle of the presumption of innocence by treating civil servant are examined properly in accordance with dignity, dignity, and pay attention to the values of humanity.
.,, (3) the examination should be performed in the Office place of civil servant who inspected the work or the Office of the examining Officer or in another room at the Office in the Ministry of law and human rights and is closed.
Section 11.,, (1) in the examination of civil servant who inspected is obliged to answer questions or clarification raised by the examiner.
.,, (2) in the event of civil servant who inspected not willing to answer any questions or clarifications presented by the examiner directly (oral), then those concerned can provide an answer or an explanation in writing.
.,, (3) the answer or explanation as intended in paragraph (1) and paragraph (2) was made the basis of consideration of removal of public punishment discipline.
Article 12 in the event of civil servant who examined whether oral or written, not willing to give an answer or explanation or clarification to questions posed by inspectors, then the question is considered a discipline violation disangkakan admitted him and this can be used as a basis for condemning the discipline.

Article 13.,, (1) the results of the checks should be poured in a News Event with the staffing data include the Examination in question.
.,, (2) employment Data as referred to in paragraph (1), at the very least contain:.,, a. name;

b. place date of birth;

c. officers of the Parent Number (N.I.);

d. Rank last (T.M. T);

e. the last salary (T.M. T);., f., the Office at the time the alleged violation of discipline and the title if there is a mutation;
.,, g. Office work at the time of committing a violation of discipline and the last place of work of the Office if there is a mutation; h. The working period and working period for becoming civil servants;

i. Address; and j. Note Punishment discipline.
., News, (3) the proceedings referred to in subsection (1) must first be read to civil servant are examined to provide an opportunity to refute and correct the relevant content of the News of the proceedings.
.,, (4) when the News of the proceedings which have been read out as intended paragraph (3) has no objections or corrections, civil servants were examined and officials checked the News must sign the minutes of the proceedings.
.,, (5) in the event of civil servant who inspected were not willing to sign the News of the proceedings referred to in subsection (4), the examiner can record the subject at the end of the News of the proceedings with unknown superiors civil servant are examined.
CHAPTER IV of the REPORT of the RESULTS of the EXAMINATION of article 14 (1) the results of the checks poured in the form of a report of the results of the inspection.

.,, (2) in the case of officials who conducted the examination are the officials referred to in article 6 paragraph (2) and paragraph (3), report the inspection results are communicated to the officials who ordered him with News of the proceedings, resume inspection results, accompanied by advice and the opinion of the disciplinary penalty for the overthrow of the question.
Article 15., (1), Reports the results of the checks referred to in Article 13 was made into consideration the overthrow of discipline or punishment exemption from disciplinary offence for supposition civil servant are examined.
.,, (2) in terms of examination results report stating that the civil servant concerned is not proven violation of discipline, then in question are exempt from the supposition did breach of discipline.
.,, (3) in terms of examination results report based on civil servant who inspected a proven violation of discipline, then the question can be sentenced to disciplinary with provisions:.,,.,, a. for the type of punishment a mild level of discipline, then the competent authority can punish immediately published the Decree of punishment for the discipline in question. b. disciplinary penalties for this type of medium level:.,,.,, 1) File inspection results report submitted to Minister of law and human rights through the Inspector General.
., .2) Inspector General after receiving the examination results report file, immediately researching the pemeriksanaan results report and other supporting data.
., 105.4) In research results based on the Inspector General considers the overthrow of punishment discipline levels were already just right, Inspector General immediately ordered officials to punish the authorities immediately published the Decree of punishment for discipline are concerned.
Chapter V PUNITIVE DISCIPLINE LEVEL of WEIGHT and OBJECTIONS BEFORE the OVERTHROW of the HEAVY LEVEL of DISCIPLINARY PENALTIES article 16.,, (1) if the examination report based on the results referred to in Article 13 and article 14 of the proposed order for civil servants who review (2) the Inspector General after receiving the examination results report file, immediately examine the report of the results of the pemeriksanaan as well as other supporting data as consideration the overthrow of heavy levels of discipline for punishment is concerned.
.,, (3) if the research results based on the Inspector General considers the overthrow of punishment discipline level weight is just right, the Inspector General immediately convey consideration and suggestion of the overthrow of the heavy level of disciplinary punishment to be taken at the meeting of the Agency's consideration of Disciplinary Punishment (BAPERHUKDIS).
Article 17.,, (1) Before being taken in the meeting of BAPERHUKDIS, suggested the overthrow this type of heavy levels of discipline punishment referred to in Article 15 paragraph (3) shall be notified to the civil servant in question and to him was given the opportunity to file objections.
.,, (2) the notice referred to in subsection (1) shall state the offence committed and disciplined type of punishment will be meted out discipline.
.,, (3) the notice referred to in subsection (1) is submitted in writing by the Inspector General through:.,,.,, a. the leadership Echelon Unit I for the civil servant who became his subordinates; or, b.., head of the Center and head of the Regional Office of the Department of law and human rights for civil servants who became soldiers and civil servants who were in the area of environmental work.
.,, (4) the filing of an objection referred to in subsection (1) by the civil servant in question be filed in writing with the reconsideration of his reasons and communicated to the Inspector General through the Officials referred to in subsection (3) within a period of at least 14 (fourteen) days counted since the specified receive notification in writing.
.,, (5) the officials who received the submission of objections from the civil servant concerned within a period of at least 7 (seven) days should convey these objections with opinions and advice to the Inspector General.
.,, (6) when the civil servant referred to in subsection (1) within the period referred to in subsection (4) does not file an objection, then the question is considered a discipline that will accept the punishment meted out to him and the officials referred to in subsection (3) within at least 7 (seven) days referred to in subsection (4) does not file an objection, then the question is considered a discipline that will accept the punishment meted out to him and the officials referred to in subsection (3) within at least 7 (seven) days notify in written matter to the Inspector General.
Article 18.,, (1) the Inspector General after receiving the submission of objections referred to in article 16 paragraph (5) or a notice referred to in article 16 paragraph (6), immediately ask the BAPERHUKDIS.
.,, (2) the decisions and considerations BAPERHUKDIS submitted to the Inspector General for the next settlement process.
CHAPTER VI DISCIPLINE PUNISHMENT DECISION LETTER SUBMISSION article 19 discipline punishment decision letter submitted to the civil servant in question by the competent authority to punish or officials appointed by the competent authority to punish.

Article 20.,, (1) civil servant who was sentenced to a discipline called to disciplinary punishment decision letter received by the competent authority to punish or officials designated as referred to in article 18.
.,, (2) the disciplinary punishment decision letter Delivery is done in a closed room in the offices of the civil servant's place of work or Office environment in the Department of law and human rights and be attended by other officials or personnel officials deemed necessary by the competent authority to punish.
.,, (3) in terms of the civil servant in question did not meet the summons referred to in subsection (1) or is not present in the delivery of decision letter of discipline punishment referred to in subsection (2), the civil servant concerned is considered to have received a letter of discipline penalty decision.
.,, (4) the disciplinary Penalties referred to in subsection (3) comes into force on a day to 30 (thirty) calculated from the date of the concerned should have received a letter of discipline penalty decision.
CHAPTER VII the SUBMISSION of OBJECTIONS AFTER the OVERTHROW of DISCIPLINARY PENALTIES Article 21.,, (1) civil servant who was sentenced to the discipline level of being by the competent authority to punish may file an objection to the Minister of law and human rights through the Inspector General.
.,, (2) the objection referred to in subsection (1) is filed in writing with reasons and mengemukan delivered in time at least 14 (fourteen) days from receipt of the letter of discipline penalty decision.
.,, (3) the competent authority is obliged to punish making the objection and response within 7 (seven) working days and submits it to the Minister of law and human rights through the Inspector General comes with:.,, a. News Proceedings against civil servants; and, b. a copy of the disciplinary punishment cf. decision letter and proof of receipt by the civil servant concerned.
.,, (4) response to the objections by the Inspector General communicated to the Secretary General for the next process.
.,, (5) the final decision over the objections set out in the decision of the Minister of Justice and human rights.
Section 22.,, (1) civil servant of Group IV/a down the heavy level of discipline sentenced can lodge an objection within a period of at least 14 (fourteen) days from receiving the letter concerned the decision of the disciplinary punishment.
.,, (2) the filing of an objection referred to in subsection (1) is filed with the Agency Staffing Considerations (BAPEK) through the Minister of Justice and human rights.
.,, (2) the objection referred to in paragraph (2) presented by the leadership of the civil servants concerned to the Secretary-general through the Chief of the Bureau of Personnel by attaching proof of receipt letter decisions of the disciplinary punishment by the civil servants concerned with the response and subsequent Minister of law and human rights of these objections submitted to the consideration of the staffing Agency (BAPEK) to get a decision.
CHAPTER VIII PROVISIONS COVER Article 23 With the enactment of the Ordinance of the Minister of law and human rights of the Ministry of Justice Decision RI Number m. 01-1994 10. PW about the procedures for examination, the overthrow, and the delivery of Discipline Penalties stated does not apply.

Article 24 this Ministerial Regulation comes into force on the date specified.

.,, Set in Jakarta on April 16, 2007 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, HAMID AWALUDIN