Presidential Regulation Number 18 By 2014

Original Language Title: Peraturan Presiden Nomor 18 Tahun 2014

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LN044-2014perpres018 .doc-2014 STATE GAZETTE of REPUBLIC of INDONESIA No. 44, 2014. Conflict. Shield cover. Empowerment. Female. The child. REGULATION of the PRESIDENT of the REPUBLIC of INDONESIA number 18 by 2014 on the PROTECTION and EMPOWERMENT of WOMEN and CHILDREN in CONFLICT with the SOCIAL GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that any women and children shall have the right to obtain the protection of the rights of asasinya, free of torture, threats, pressures and gained ease, treatment, opportunity and similar benefits in order to achieve justice and welfare of living; b. that the occurrence of social conflict, women and children tend to be more vulnerable to these forms of violence, including sexual violence, as well as not optimal in obtaining protection and empowerment; c. that Act No. 7 in 2012 about Handling social conflict requires Governments, local Government to perform the rescue, rehabilitation, protection and fulfillment of basic and specific to women and children in the handling of social conflict; 2014 www.djpp.kemenkumham.go.id, no. 44-2 d. that based on considerations as referred to in letter a and letter b, letter c, need to establish the presidential regulation on the protection and empowerment of women and children In social conflict; Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945; 2. 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); 3. 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); 4. 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); 5. Act No. 7 in 2012 about Handling Social Conflicts (Gazette of the Republic of Indonesia Number 116 in 2012, an additional Sheet of the Republic of Indonesia Number 5315); Decide: Define: PRESIDENTIAL REGULATION On The PROTECTION And EMPOWERMENT Of WOMEN And CHILDREN In SOCIAL CONFLICT. CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the President is: 1. Social Conflicts are hereinafter referred to as the conflict is hostile and/or physically violent clash between two or more groups of people which takes place in a certain time and the broad impact that lead to insecurity and social disintegration so disturbing national stability and hinder national development. 2014 www.djpp.kemenkumham.go.id, n. 44 3 2. The protection of women and children is prevention efforts and handling of all forms of violence and violations of the rights of women and children, as well as provide basic needs and specific women and children in conflict handling as part of which is inseparable from the activity of handling conflict. 3. the empowerment of women and the human rights strengthening is an effort, improved quality of life, and the increased participation of women and children in building peace. 4. the child is someone who hasn't aged 18 (eighteen) years of age, including children who are still in the womb. 5. Violence against women and children is any action based on gender which resulted in the incidence of misery or suffering physical, sexual, mental, psychological, including intimidation, forced expulsion, threat, coercion or certain acts appropriation of independence, neglect and impede the ability of women and children to enjoy all the rights and freedom. Article 2 of the protection and empowerment of women and children in conflict aims to protect, respect, and guarantee the rights of women and children in the handling of the conflict. Article 3 (1) of the protection and empowerment of women and children in conflict is implemented by: a. ministries/related agencies in accordance with those powers; and b. the local government. (2) local governments in carrying out the protection and empowerment of women and children in conflict as referred to in paragraph (1) letter b is obligated to pay attention to the condition, situation, problems, and handling of conflicts in the region. CHAPTER II PROTECTION Section One Prevention Chapter 4 ministries/related agencies and local governments in accordance with those powers in providing protection for women and children doing prevention efforts to avoid women and children from the effects of conflict situations and events. 2014 www.djpp.kemenkumham.go.id, no. 44 4 Article 5 ministries/related agencies and local governments in accordance with those powers in conducting prevention efforts as referred to in article 4 is done with: a. provide data and research regarding women and children in conflict; b. raising awareness of the community, the institutions of the indigenous (indigenous and social institution), religious communication forum to provide protection for women and children in conflict; c. enhancing the role of the mass media provide information dissemination and protection of women and children in conflict; d. enhancing the role of women and children service unit to provide protection for women and children in conflict; e. conduct training in the prevention of violence against women and children in conflict; f. facilitating the addition of provision of public space/city of open green space for women and children. The second part of the provision of services article 6 (1) ministries/related agencies and local governments in accordance with those powers in providing protection for women and children by providing services to women and children. (2) the provision of the services referred to in subsection (1) is granted to: a. women and children casualties due to the occurrence of conflict; b. women and children victims of violence. (3) the provision of services to women and children referred to in subsection (1) include the following: a. provide special protection; b. provide services against women and children victims of violence; c. provide the fulfillment of basic needs specific to women and children victims due to the occurrence of conflict; and d. the facilities needed improvement of women and children. Article 7 in the provision of the services referred to in article 6 ministries/related agencies and local governments in accordance with the mandatory data provides its women and children victims of the conflict in conflict areas. www.djpp.kemenkumham.go.id


2014, no. 44 5 article 8 special protection as stipulated in article 6 paragraph (2) letter a covering the rescue efforts and protection against: a. women and children so as not to experience violence; b. human rights defenders were women. Article 9 provision of services against women and children victims of violence as referred to in article 6 paragraph (3) the letter b include the following services: a. the complaint; b. health rehabilitation; c. reproductive health; d. social rehabilitation; e. social reintegration; and f. the legal assistance and mentoring. Article 10 facilities needed Improvement of women and children in conflict as stipulated in article 6 paragraph (3) the letter d include: a. improvements to health care facilities; b. reproductive health services facilities improvement; c. improvement of educational facilities for children; d. the provision of dwellings and a decent home, secure, and responsive gender; e. ease of repair of the building of new homes, public facilities and infrastructure; and f. the provision of clean water and sanitation for women and children. Article 11 provision of special services against children in conflict include: a. caregiving; b. means of playground qualified health and safety; and c. recreation. CHAPTER III article 12 EMPOWERMENT ministries/related agencies and local governments in accordance with its empowering women and children in social conflict. 2014 www.djpp.kemenkumham.go.id, no. 44 6 of article 13 of the empowerment of women as stipulated in article 12 include: a. increase survival; b. enhance economic ventures; and c. increase the participation of women as builders of peace negotiator and mediator,. Article 2 the empowerment of children in the conflict as stipulated in article 12 includes efforts to enhance the understanding of the child not to do violence by carrying out a peace education and gender justice. Article 15 Increase survival as stipulated in article 13 of the letter a is done by providing guidance and mentoring to the spiritual mental reinforcement. Article 16 increases the economic venture referred to in Article 13 the letter b by providing: a. training in job skills; b. economic productive business training; c. mentoring in the development of productive economic ventures; d. capital assistance; and e. the ease of access to information and promotional marketing products businesses productive results. Article 17 increase the participation of women as builders of peace negotiator and mediator, as stipulated in article 13 of the letter c is done by involving women: a. in the training as a mediator and negotiator, Builder of peace; b. as an initiator, mediator and negotiator in the process of building peace. 2014 www.djpp.kemenkumham.go.id, no. 44 7 CHAPTER IV IMPLEMENTATION and COORDINATION Section is considered the implementation of Article 18 (1) in order to streamline the protection and empowerment of women in conflict compiled national plan of action for the protection and empowerment of women and children in conflict. (2) further Provisions concerning the national plan of action referred to in subsection (1) is set out in the regulation Coordinating Minister for people's welfare. The second section of coordination of article 19 (1) to implement the protection and empowerment of women and children in the conflict in the Central Coordinating Team was formed. (2) the arrangement of the Central Coordination Team membership referred to in subsection (1) consists of: Chair: Minister of welfare affairs coordination wing people; Deputy Chair: Minister of political affairs coordination wing, law and security; Chairman/members: Minister of wing Affairs women empowerment and child protection; Members: 1. Minister of Home Affairs wing; 2. Minister of defense affairs wing; 3. Minister of religious affairs wing; 4. the Minister: Legal Affairs and human rights; 5. the Minister of education and Cultural Affairs wing; 2014 www.djpp.kemenkumham.go.id, no. 44 8 6. Minister of Health Affairs wing; 7. The Minister of Social Affairs wing; 8. Minister of Labor Affairs wing and ketransmigrasian; 9. Minister of Trade Affairs wing; 10. Minister of communication Affairs wing and Informatics; 11. Minister of wing Affairs of cooperatives, small and medium enterprises; 12. Minister of public housing affairs wing; 13. Minister of regional development affairs wing left behind; 14. Minister of public works Affairs wing; 15. The head of the State police of the Republic of Indonesia; 16. The Attorney General of the Republic of Indonesia; and 17. Indonesia National Army Commander. Article 20 Team Coordination Centre referred to in article 19 paragraph (1) is in charge of: a. perform coordination of the implementation of the programme for the protection and empowerment of women and children in conflict; b. conduct advocacy, monitoring, evaluation and reporting; and c. the reported results of the task execution to the President. Article 21 the Central Coordination Team carry out coordination meeting of program implementation activities for the protection and empowerment of women and children in conflict handling at least one time in 6 (six) months. www.djpp.kemenkumham.go.id


2014, no. 44 9 section 22 (1) in the performance of duties, the Central Coordination Team is assisted by a working group on the protection and empowerment of women and children in conflict. (2) the Working Group referred to in paragraph (1) are the representatives of the Governments, community organizations, professions, NGOs, and researchers/academics. (3) the provisions on the arrangement and the task of a working group on the protection and empowerment of women and children in conflict is regulated by regulation Coordinating Minister for people's welfare. Article 23 (1) to implement the protection and empowerment of women and children in the conflict at the provincial level, the Governor formed a working group. (2) the Working Group referred to in subsection (1) is in charge of: a. perform coordination of the implementation of the protection and empowerment of women and children in the conflict at the provincial level; b. conduct advocacy, monitoring, evaluation and reporting of the implementation of the protection and empowerment of women and children in the conflict at the provincial level; and c. reporting the results of the implementation of the protection and empowerment of women and children in the conflict at the provincial level to the Governor. (3) Membership of the Working Group referred to in subsection (1) consists of service related, instances of vertical, law enforcement, community organizations, NGOs, researchers/academics, religious figures, and the indigenous, communities, and the actuator of the peace in the province. (4) the Working Group referred to in subsection (1) is responsible to the Governor. (5) the Governor as the responsible implementation of the protection and empowerment of women and children in the conflict in the province on duty: a. provide support resources towards the implementation of the protection and empowerment of women and children in the conflict in the province; and 2014 www.djpp.kemenkumham.go.id, no. 44 10 b. reporting the results of the implementation of the protection and empowerment of women and children in the conflict in the province to the head of the Central Coordination Team. Article 24 (1) to implement the protection and empowerment of women and children in conflict in the kabupaten/kota, bupati/walikota to form a working group. (2) the Working Group referred to in subsection (1) is in charge of: a. perform coordination of the implementation of the protection and empowerment of women and children in conflict in the district/city; b. conduct advocacy, monitoring, evaluation and reporting of the implementation of the protection and empowerment of women and children in conflict in the district/city; and c. reporting the results of the implementation of tasks to the bupati/walikota. (3) Keanggotaaan the Working Group referred to in subsection (1) consists of service related, law enforcement agencies are vertical, community organizations, NGOs, researchers/academics and religious figures, customs, society, and the actuator of the peace in the district/city. (4) the Working Group referred to in subsection (1) is responsible to the Regent/Mayor. (5) the Bupati/Walikota as responsible of the implementation of the protection and empowerment of women and children in conflict in the district/city has the task of: a. provide support resources towards the implementation of the protection and empowerment of women and children in conflict in the district/city; and b. reporting the results of the implementation of the programme for the protection and empowerment of women and children in conflict in the kabupaten/kota to the Governor. Chapter V COMMUNITY PARTICIPATION Article 25 (1) the community can contribute towards the empowerment and protection of women and children in conflict. (2) the role of the community as referred to in paragraph (1) www.djpp.kemenkumham.go.id 2014, no. 44 11 was held on the stage of prevention, the Ministry and the empowerment of women and children in conflict. Article 26 as well as the Role of the community as referred to in article 25 may be: a. to provide information about the occurrence of violence against women and children in conflict; b. organise training for women; c. assist the fulfillment of the specific needs of women and children; d. helping the rescue and evacuation of women and children; e. provide legal assistance and mentoring; f. providing clean water and sanitation for women and children; and g. reduce the impact of conflict for women and children. Article 27 participation of the community in providing protection and empowerment on women and children in conflict is exercised responsibly in accordance with the provisions of the legislation. CHAPTER VI FUNDING of article 28 (1) Funding is needed in the implementation of the protection and empowerment of women and children in the conflict in each Ministry/Agency, charged to the budget of the State expenditures and revenues of the respective ministries/agencies. (2) the funding required in the implementation of the protection and empowerment of women and children in the conflict at the provincial level, is charged on the budget income and expenditure the provincial areas. (3) Funding is needed in the implementation of the protection and empowerment of women and children in conflict in the district/city level, charged to the budget of income and expenditure area of kabupaten/kota. CHAPTER VII PROVISIONS COVER Article 29 this regulation of the President comes into force on the date of promulgation. 2014 www.djpp.kemenkumham.go.id, no. 44 12 so that everyone knows it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia. Established in Jakarta on March 7 2014 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on March 11, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id