Local Regulations No. 15 Of 2007

Original Language Title: Peraturan Daerah Nomor 15 Tahun 2007

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd4c941e50a60f313634323531.html

DRAFT LOCAL REGULATIONS the PROVINCIAL GOVERNMENT of RIAU ISLANDS PROVINCE RIAU ISLANDS AREA of REGULATION No. 15 of 2007 ABOUT the PREVENTION and MITIGATION of HIV/AIDS and STI in the RIAU ISLANDS PROVINCE with the GRACE of GOD ALMIGHTY the RIAU ISLANDS GOVERNOR, Considering: a. that is one of the Riau Islands province of Indonesia that got special attention with the development of a HIV/AIDS shows tendency is increasingly of concern , where the number of cases of HIV/AIDS is on the rise as well as the potential for transmission is becoming increasingly widespread; b. that build coordination, mechanisms and systems for tackling HIV/AIDS with the district/city in the province of Riau Islands is clear, necessary consolidation, integration and singkronisasi programs; c. that the policy of prevention and mitigation of HIV/AIDS needs to be implemented through concerted effort increased live healthy behaviors that can prevent transmission, providing treatment/care/support and appreciation for the personal rights of people with HIV/AIDS and the family as a whole can minimize the impact of the epidemic and prevent discrimination; d. that based on considerations such as the letter a, b, and c, then the need to establish local regulations concerning prevention and mitigation of HIV/AIDS and STI in the Riau Islands province. 316 Considering: 1. 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); 2. Act No. 23 of 1992 on health (State Gazette of the Republic of Indonesia Number 100 in 1992, an additional Sheet of the Republic of Indonesia Number 3495); 3. Act No. 5 of 1997 on psychotropic substances (Gazette of the Republic of Indonesia number 10 in 1997, an additional Sheet of the Republic of Indonesia Number 3698); 4. Act No. 22 of 1997 concerning Narcotics (Gazette of the Republic of Indonesia Number 67 in 1997, an additional Sheet of the Republic of Indonesia Number 3671); 5. Act No. 39 of 1999 concerning 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. 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); 7. Act No. 25 of 2002 on the establishment of the Riau Islands province (State Gazette of the Republic of Indonesia Number 111 in 2002, an additional Sheet of the Republic of Indonesia Number 4237); 8. Act No. 10 of 2004 concerning the formation of legislation (State Gazette of the Republic of Indonesia Year 2004Nomor 53 Additional sheets of the Republic of Indonesia Number 4389); 9. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended by law by Act No. 8 of 2005 about the determination of the Replacement Government Regulations Act No. 3 of 2005 regarding changes to the Law Number 32 of 2004 concerning Regional Government into law (Republic of Indonesia Sheet 2005 Number 108 Additional Sheets, the Republic of Indonesia Number 4548); 317 318 10. Government Regulation Number 38 in 2007 about the Division of Government Affairs, 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 4737); 11. Presidential regulation Number 75 in 2006 about the national AIDS Mitigation Commission. Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL PROVINCE of RIAU ISLANDS and RIAU ISLANDS GOVERNOR DECIDED: setting: LOCAL REGULATIONS CONCERNING PREVENTION and MITIGATION of HIV/AIDS and STI in the RIAU ISLANDS PROVINCE CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area, which is: 1. Local Government is the Government of Riau Islands Province; 2. The Governor is the Governor of Riau Islands; 3. people with HIV/AIDS hereinafter abbreviated to PEOPLE LIVING with HIV is HIV infected people at both stages have not been bergejala or bergejala; 4. The Group Prone is a group that had a high risk behavior against the transmission of HIV/AIDS, namely commercial sex Peddlers (WPS), Sex Peddlers, Customers keep Couples from Peddlers of sex, another group of Men having sex with Men, prisoners, street children, injecting drugs users, people who use drugs injection couples who don't use drugs injection; 5. Health worker is someone who has the competence and recognition in the field of medical care and treatment for the disease;

319 6. The Counselor is a person who has the competence and recognition for implementing an effective conversation so that it can be reached by prevention, behavior change and emotional support at konseli; 7. Penjangkau Worker or Companion is the direct labor working in the community and in particular to do this against a group of high risk behavior is especially prone to doing prevention; 8. The Manager of the case is the energy and the accompanying empowerment do against PEOPLE LIVING with HIV; 9. Human Immunedefiency Virus that subsequently abbreviated HIV is the virus that attacks white blood cells resulting in a reduction of the human immune system so the body susceptible by various diseases; 10. Acquired Immune Deficiency Syndrome that AIDS is a set of symptoms of the disease caused by the depreciation of the human immune system due to HIV infection; 11. Sexually Transmitted Infections further abbreviated as IMS is disease-a disease which is transmitted through sexual intercourse; 12. Health Efforts are any activities to maintain and improve the health of which is done by the Government and or private; 13. Prevention is the efforts so that a person is not infected with the HIV virus; 2. Countermeasures are efforts made to eliminate or reduce risk factors for HIV/AIDS STI there is individual and community groups. 15. Care and treatment are the efforts of medical personnel to improve the degree of the health of PEOPLE LIVING with HIV; 16. support is good efforts from fellow people with HIV/AIDS as well as from families and people who are willing to give support to people with HIV/AIDS with better yet; 17. The HIV/AIDS Surveillance is the collection, processing and analysis of data on HIV/AIDS as well as the dissemination of the results of the analysis with a view to improving the implementation of the prevention of disease. 18. General Precautions are procedures that have to be run by health workers to reduce the risk of transmission of diseases associated with exposure to substances in the blood and other body fluids of the infected. 19. the Screening test is performed on blood donors before ditransfusikan; 20. Approval of Medical Action (Informed conscent) were consent given by a person to do an act of pemeriksanaa, the care and treatment of him, after gaining a rather simplistic explanation of the purpose and how the actions will be performed; 21. Voluntary Counselling and Testing which further shortened VCT is a combination of 2 (two) activities, namely counselling and HIV test into one (1) network service to make it more profitable, both for the review as well as for the giver of the Ministry;


320 22. Discrimination is all the actions or activities referred to in Act No. 39 of 1999 concerning human rights; 23. unsafe sexual behavior is behavior changing sexual partners without the use of condoms; 24. rubber gloves is the Condom (LaTeX) that its mounted on the male genitalia (penis) and women (vaginal) sexual intercourse at the time with a view to preventing the transmission of diseases caused by sexual intercourse or pregnancy prevention; 25. Narcotic, psychotropic drugs and other addictive substances hereinafter abbreviated drugs are medicines referred to in Act No. 5 of 1997 on psychotropic drugs and Act No. 22 of 1997 concerning Narcotics; 26. retroviral drugs are drugs that can inhibit the development of people with HIV in the body, so that may slow down the process to AIDS; 27. An opportunistik infection are given drugs to opportunistik infection that appears to PEOPLE LIVING with HIV; 28. the non-governmental organization hereinafter abbreviated LSM is a non governmental institutions organized awareness activities to the community in the field of prevention and mitigation of HIV/AIDS; 29. The Commission is Tackling AIDS Province hereinafter abbreviated KPA was a Commission established by the Governor with its workforce involving Government institutions and Non-governmental task lead, manage and coordinate all activities in the framework of prevention and mitigation of HIV/AIDS in the province of Riau Islands. 30. Users of Injection Drugs (Penasun) is any person who mggunakan narcotics, psychotropic drugs and addictive substances by way of injection. 31. Of Concentrated Epidemic transmission is occurring in the general population is still under 1% and in populations at high risk more than 5%. 32. Generilized transmission of Epidemic is occurring in the general population exceeds 5% DANSASARAN PURPOSE CHAPTER II article 2 (1) Setting the prevention and mitigation of HIV/AIDS and STI in the regulation of this area was all over the place that could happen to the transmission on the territory of the province of Riau Islands. (2) the place in question as mentioned in subsection (1) of this article is a place run by Pimps or places – places that could potentially spread HIV and STI 321 article 3 (1) Setting the prevention and mitigation of HIV/AIDS and STI in the regulation of this area is the whole community with particular attention to population groups community prone and at high risk for transmission of HIV and STI in the region of the province of Riau Islands. (2) community who got special attention as mentioned in subsection (1) above on this article is commercial sex Peddlers abbreviated WPS, Penasun and PEOPLE LIVING with HIV. CHAPTER III TRANSMISSION, prevention and MITIGATION of HIV/AIDS and STI TRANSMISSION is considered Part of article 4 HIV and STI can be transmitted to another person by means of: a. sexual intercourse that is not shielded standard healthcare b. syringes that are not sterile used together c. PEOPLE LIVING with HIV from the mother to her baby at d. health/cosmetic Equipment isn't sterile can cause a shared others. e. blood transfusions contaminated with HIV PREVENTION part two article 5 (1) in the framework of the prevention of the spread of HIV/AIDS and STI in the Riau Islands province, then carried out: a. conducting a program of communication, information and Education (KIE) prevention of HIV infection is true, clear and complete, through the mass media, community organizations, business establishments, educational institutions, as well as non-governmental organizations engaged in health periodically;

322 b. Perform educational behaviour of a healthy lifestyle to avoid HIV infection and the use of drugs through formal and non-formal education including meetings meetings, cross-cutting coordination is carried out by the Government or private parties including civic organizations; c. implementing the prevention of sexually transmitted diseases (STI) are integrated and periodically in places where high-risk behaviours, including the necessity to use condoms 100%; d. encourage and carry out the test and counseling for HIV on a voluntary basis mainly for groups-prone; e. carry out public alertness on means of basic medical services, references and supporting Government-owned and private so as to prevent the spread of HIV infection and can protect staff and workers; f. carry out standard of HIV screening of all blood, blood fractions, and tissue transfusion to another person; g. carry out epidemiologic surveillance of HIV, AIDS and STI Surveillance behavior. (2) the prevention of HIV/AIDS and Other sexually transmitted Diseases as mentioned in subsection (1) is the responsibility of every government agency, the Commission for tackling AIDS (KPA), NGOs, Civic Organizations, Theologian, private as well as every individual and family in the province of Riau Islands. The third part COUNTERMEASURE article 6 (1) in order to combat the spread of HIV/AIDS and STI in the Riau Islands province, then carried out: a. the procurement of anti-retroviral drugs and cures the infection oppurtunistik effective and commonly used are cheap and affordable; b. Provide specific health services in basic health services, references and supporting Government-owned or private, is appointed. (2) a policy for tackling HIV/AIDS and STI in the Riau Islands province by developing a network which includes: a. epidemiologic surveillance of HIV, AIDS, STI. b. do the coaching public vigilance especially at health facilities; c. develop systems of support, care and treatment for PEOPLE LIVING with HIV;

323 d. develop implementation of 100% condom use and sterile syringes in an environment of high risk behaviour groups. e. Conducting HIV Tests conducted at a Government-owned or private laboratories that are appointed. CHAPTER IV SET of PEOPLE LIVING with HIV to article 7 (1) local governments protect personal rights, civil rights and human rights protection of PEOPLE LIVING with HIV including confidentiality of HIV status. (2) every PEOPLE LIVING with HIV has the right to obtain services treatment and care as well as support without discrimination in any form. (3) the response HIV/AIDS is grounded to the sublime value of humanity and respect for the dignity of human life. (4) in any form of Discrimination (dismissal of work unilaterally do not get adequate health care services, denied the chosen PEOPLE LIVING with HIV resides and was rejected following the formal and informal education) to the unexpected or expected or have been infected with HIV is a violation of the regulations in this area. (5) workers and workers with HIV/AIDS are entitled to health care in accordance with the regulations. (6) any person because of his job duties and know or have information about a person's HIV status is obligated to keep secret, except: a. If there was consent/permission in writing of the person concerned; b. If there is consent/permission from a parent or guardian of a child who is not yet quite aged, disabled or unconscious; c. If there is a legal decision ordered the HIV status of a person can be opened.

324. CHAPTER V OBLIGATIONS ATTENDANT service, GROUP MANAGER and is considered part of the PRONE OFFICER SERVICES article 8 On compulsory service sector pay attention to the following matters: (1) any officer is obligated to use sterile syringes and ensure that blood transfusions are free of HIV and STI. (2) providing services without discrimination to people with HIV and their families. (3) provide a service of IMS as well as counselling and testing for HIV on a voluntary basis. (4) any examination for diagnosing HIV/AIDS must be preceded with the correct explanation and approval is concerned. (5) adequate Counseling mandatory given before and after the examination and the results of mandatory pemeriksaannya kept secret. (6) providing information and health education for the target group. (7) provide Condoms. (8) Perform logging on the STI, HIV sufferers and the use of condoms. (9) reported sexual activity places a transaction that does not want to bekrja together in the prevention and mitigation of HIV/AIDS to the authorities. The second part of the GROUP PRONE to article 9 (1) be willing to attend training programs and condom usage to 100%. (2) require that to his partner to wear a condom. (3) any group of Cartilage are required to wear sterile syringes.


325 (4) each group is required to follow the VCT-prone in the center of the nearest health Ministry have been appointed. (5) for everyone who knew him positive of HIV/AIDS and STI, obliged to make an effort so as not to infect others. The third part of article 10 (1) a MANAGER willing to follow and carry out training programs for the usage of condoms (WPS) the dipekerjakannya. (2) Provide coaching to WPS on the use of condoms and medical examination. (3) treatment as well as help for the rest the WPS suffering from IMS and include HIV/AIDS or other diseases that are potentially terjangkitnya in others, as well as other diseases that could be fatal for the WPS it. (4) Provide protection to WPS and report on customers who impose his will to do sexual contact without the use of condoms. (5) provide and require customers to use condoms during sex contacts. CHAPTER VI ROLE of the COMMUNITY and article 11 (1) in terms of prevention, every person is responsible for his family to protect them from HIV/AIDS and STI and has high awareness will cause the disease. (2) the role of the community in terms of pecegahan, the treatment and rehabilitation of badly needed in addition to the role as well as the Government and the family of the sufferer.

326. CHAPTER VII FUNDING SOURCES article 12 (1) the source of funds comes from: a. Budget revenues and Expenditures of the State in the form of funding support. b. income and Budget Shopping area. c. other sources of legitimate. (2) the budget income and Expenditure the area referred to in subsection (1) letter b sourced from provinces and Kabupaten/Kota. CHAPTER VIII the PROHIBITION for GROUPS and is considered part of the MANAGER-PRONE GROUPS PRONE to Article 13 (1) WPS when sexual contact with its customers not to use condoms. (2) the LSL didn't use condoms on any sexual contact. (3) the WPS peddling themselves dijalanan or onsite General MANAGER second part 327 articles 14 (1) doing anything that ought to be known to infect or cause HIV infection to others either with Mancini: persuasion or force. (2) Employ positive WPS stricken with HIV/AIDS and STI. CHAPTER IX INVESTIGATION of article 15 (1) Investigators are Investigating civil servant (1988) the particular surroundings of local government which was authorized by special legislation to do an investigation into the violation of/kelalaian as mentioned in section (8), (9), (10), (11) and (12). (2) the authority of the investigator as referred to in paragraph (1) above: a. receive, seek, collect and examine information or reports with regard to criminal acts so that such reports or information to be complete and clear; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed in connection with a criminal offence; c. requesting information and evidence from a private person or entity with respect to any criminal offence; d. examine the books, records and other documents relating to criminal acts; e. conducting the search to obtain evidence bookkeeping, record keeping, and other documents, as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation is a criminal offence; g. enjoin or prohibit someone stop and leave the room or place at the time of the ongoing examination and checking the identity of the person or document that was taken as stated on the letter e; h. photographing someone related to the criminal offence; i. call the people to be heard and examined his statement as a suspect or a witness;

328 j. stop the investigation; k. perform other actions that are necessary for a smooth investigation is a criminal offence according to the law which can be accounted for. (3) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor, in accordance with the provisions of the regulated Act No. 8 of 1981 on the law of criminal procedure. CHAPTER X ADMINISTRATIVE SANCTIONS article 16 (1) violation of the provisions as set forth in section (8) subject to sanctions suspension or removed from his job. (2) violation of the provisions as set forth in section (10) penalties in the form of a business license revocation. CHAPTER XI of the CRIMINAL PROVISIONS of article 17 (1) Whoever violates the provisions referred to in article (7), subsection (4), article (9), article (11) and (12), Article is liable to criminal confinement of not longer than 6 (six) months or a fine of Rp. 50,000,000.00 extended (fifty million rupiah). (2) a criminal offence referred to in subsection (1) is an offence. (3) violation of things relating to the transmission of HIV/AIDS other than referred to in subsection (1) is liable in accordance with the criminal militate-Invitation. (4) a criminal offence referred to in subsection (3) is a crime.

329. CHAPTER XII CLOSING PROVISIONS Article 18 things that have not been provided for in the regulation of this area is all about their implementation shall be governed by the decision of the Governor of article 19 of regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece of the regional province of Riau Islands. Passed in Tanjung Pinang, on November 8, 2007 the RIAU ISLANDS GOVERNOR ISMETH ABDULLAH ttd, Enacted in Tanjung Pinang on November 9, 2007 the REGIONAL SECRETARY of the RIAU ISLANDS PROVINCE, ttd EDDY WIJAYA Sheet region of the Riau Islands province in 2007 number 15