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Trade Minister Regulation Number 41/m-Dag/per/8/2013 2013

Original Language Title: Peraturan Menteri Perdagangan Nomor 41/M-DAG/PER/8/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 1091, 2013 MINISTRY OF COMMERCE. Reporting. Violations. Whistleblowing. System.


TRADE MINISTER OF THE REPUBLIC OF INDONESIA
TRADE MINISTER REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 41/M-DAG/PER/8/2013
ABOUT
THE INFRINGEMENT REPORTING SYSTEM (WHISTLEBLOWING)
IN THE TRADE MINISTRY ENVIRONMENT

WITH THE GRACE OF THE ALMIGHTY GOD

TRADE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that in order to enforce the discipline of civil servants and the Code of Conduct, it is related to the prevention of criminal corruption in the Ministry of Commerce, according to the Presidential Instruction Number 5 of 2004 on Acceleration. Corruption Eradication needs to be defined provisions regarding the Whistleblowing (Whistleblowing) Regulation in the Trade Minister Regulation;
B.   that based on the consideration as referred to in the letter a, it needs to establish the Trade Minister ' s Regulation on the Whistleblowing Reporting System (Whistleblowing) in the Environment Ministry Environment;
Remembering: 1.   Law No. 8 of 1974 on the PoyPokok KeEmployees (State of the Republic of Indonesia Year 1974 Number 55, Additional Gazette of the Republic of Indonesia Number 3041) as amended by Law No. 43 of 1999 (Sheet) State of the Republic of Indonesia in 1999 No. 169, Additional Gazette of the Republic of Indonesia Number 3890);
2. Act No. 28 of 1999 on the Clean and Free Governing Government of Corruption, Kolusi and Nepotism (Sheet State Of The Republic Of Indonesia In 1999 Number 75, Additional Sheet Of State Republic Of Indonesia Number 3851);
3. Law No. 31 Year 1999 on Eradication Of Criminal Corruption (State Sheet Of The Republic Of Indonesia Year 1999 Number 140, Additional Gazette Republic Indonesia Number 3874) as amended by Act No. 20 2001 (leaf Of State Of The Republic Of Indonesia In 2001 Number 134, Additional Gazette Of The Republic Of Indonesia Number 4150);
4. Law No. 13 Year 2006 on Witness Protection and Victims (State Sheet Indonesia Year 2006 Number 64, Additional Gazette Republic of Indonesia Number 4635);
5. Act No. 14 of 2008 on Openness Of Public Information (sheet Of State Of The Republic Of Indonesia 2008 Number 61, Additional Gazette Republic Indonesia Number 4846);
6. Government Regulation No. 71 of 2000 on the Tata Way Implementation Of Roles And Society And Award Of Awards In Prevention And Eradication Of Criminal Corruption (State Sheet Of The Republic Of Indonesia 2000 Number 114, Additional Sheet of State of Indonesia Number 3995);
7. Government Regulation No. 42 Year 2004 on the Soul Coaching Corps and the Civil Service Code of Conduct (State Gazette Indonesia Year 2004 Number 142, Additional Gazette Republic of Indonesia Number 4450);
8. Government Regulation No. 53 of 2010 on the Discipline of civil servants (sheet of state of the Republic of Indonesia 2010 No. 74, Additional Gazette of the Republic of Indonesia Number 5135);
9. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended in the last few times with the Presidential Regulation Number 91 of 2011;
10. Presidential Decree No. 84 /P Year 2009 on the Establishment of the United Indonesia Cabinet II, as amended in the last few times with Presidential Decree Number 59 /P of 2011;
11. Presidential Regulation No. 24 Year 2010 on Occupation, Duty, and Functions of the Ministry of State as well as Susunan Organization, Duty, and Functions of Eselon I Ministry of State as amended in recent times by Presidential Regulation No. 92 Years 2011;
12. Trade Minister Regulation No. 31/M-M-DAG/PER/7/2010 on the Organization and Workforce of the Ministry of Commerce as amended by the Regulation of Trade Minister Number 57/M-DAG/PER/8/2012;

DECIDED:
Establish: Trade Minister ' s regulations on the whistleblowing reporting system in the commerce ministry environment.

Section 1
In Regulation of the Minister this is referred to:
1. Whistleblower is an employee who reports and/or expresses the alleged occurrence of a breach committed by another employee.
2. The Infringement Reporting System (Whistleblowing) is the mechanism handling mechanism delivered by Whistleblower.
3. Report is the employee reported and/or disclosed by the Whistleblower for allegedly committing a breach.
4. Employees are civil servants who work on the Ministry of Commerce as set out in the laws in the field of staffing.
5. Report is a series of activities delivering information to officials who are authorized on an event seen, experienced, and perceived, and expect to be actionable by the official of the charge.
6. Expressing is a series of activities relay information to other employees about an event seen, experienced, and perceived.
7. Confirmation is a series of activities to obtain an affirmation of the identified whereabouts of the identified, both individual and group if it may include the substance of the reported problem.
8. clarification is the process of taming or activity that provides an explanation of the problem in which the actual proportion to the source of the complaint and the related party is concerned.
9. Examination is the process identification process, analysis, and evaluation of evidence conducted independently, objectively, and professionally based on the applicable standards to assess the truth for the received reporting.
10. Administration protection is protection in the form of maintaining identity secrecy.
11. Physical protection is the protection given in the form of physical security.
12. Reports of the results of the Examination (LHP) are a report that contains about the execution and results of the examination compiled by the examiners concise and clear as well as in accordance with the scope and purpose of the examination.
13. The Minister is the Minister who carries out the affairs of government in the field of commerce.
14. The Inspectorate General is a surveillance element that is under and responsible to the Minister of Commerce headed by the Inspector General.

Section 2
The Breach Reporting System (Whistleblowing) in the Ministry of Commerce environment aims:
a.   Provides a space for employees to report and/or disclose the facts of the violation of the civil servants discipline and the code of conduct of the civil servant, as well as the criminal acts of corruption committed by other employees in order of law enforcement and repair of the management system;
B.    It provides sanctions for employees who have committed violations of civil servants, civil servants, and code of conduct, and further process the violation of criminal corruption in accordance with the provisions of the laws of law.
C.   Improving the governance management system on the Ministry of Commerce; and
D.   The rebuilding of public trust in the Ministry of Commerce and civil servants in the Ministry of Commerce is generally.

Section 3
In carrying out the Whistleblowing System in the Ministry of Commerce environment must be based on asas:
a.   Truth to the Truth, which has the meaning that the facts of the events reported and/or expressed are the facts that actually happened, rather than making it up or libel, with enough evidence.
B.   Objectively, which has the meaning that the process of completion of the report and/or disclosure of the facts by Whistleblower is performed equally without the distinction of either the Whistleblower and the reported employee status.
C.   Fair, which has the meaning that in giving or dropping sanctions must be in accordance with the degree of offenses committed without distinguking the Whistleblower's employment status or the reported status of the whistleblower.
D.   Fast, it has the meaning that the process of completion of the report and/or disclosure of the facts by the Whistleblower must be done as soon as possible, so that it does not cause prejudice that does not have the truth in fact.
e.   Constructive, which has the meaning that the sanctions dropped to the report that have been proven to have committed violations of the discipline of civil servants and/or the code of ethics the employee aims to correct his behavior and make the effect of jera, not to Impeding a concerned career.
f.   Secrets, which have the meaning that the substance of the report is not for public consumption.
G.   The Praduga Innocence, which has the meaning that a person is considered innocent until his guilt is proven as set in laws.


Section 4
The scope of the reported violations and/or expressed facts of events include violations of the civil servants ' discipline, violation of the employee's code of conduct, and the violation of the criminal corruption of corruption.

Section 5
(1) Each employee of the Ministry of Commerce may deliver and/or disclose the alleged event of an offence committed by the Ministry of Commerce employees.
(2) The report on the alleged occurrence of abuses committed by the Ministry of Commerce employees as referred to in paragraph (1) is delivered to the Inspector General by passing the data and/or captions regarding:
a.   who did;
B.   deeds of what is done;
c. where the action is performed;
D.   how the mode of action is done;
e.   when the action occurred; and
f.   other information deemed necessary.
(3) The report presented to the Inspector General as referred to in paragraph (2) may use the means of mail, telephone, sms, email, and other means either by listing the clear identity of Whistleblower or without identity.
(4) The report as referred to in paragraph (2) is delivered to the Minister as long as it becomes Inspector General.
(5) The Terms of Use as referred to in paragraph (2), do not close the possibility that the report on the alleged occurrence of a breach committed by the Ministry of Commerce employees as referred to in paragraph (1) is delivered directly to the apparatus Law enforcement throughout the substance of the report is a violation of the criminal corruption law.

Section 6
(1) The Inspectorate of the General who accepts the report as referred to in Article 5 of the paragraph (2) promptly conducts the report and the company of the report, and continues to follow it.
(2) Further review of the report as referred to in paragraph (1) includes reloding, confirmation, checking, clarification, reporting, and recommendations.
(3) The disclosure of events which is alleged to be an offence committed by the Ministry of Commerce employees as referred to in Article 5 of the paragraph (1) will be followed up after being reported to the General Inspectorate as contemplated in Article 5 (2).
(4) Further use of the IBM Software as a Service (as defined in the IBM Software as a Service), as specified in the "IBM International" section of the IBM Software as a Service ("S") "(" IBM "), and (2) the following: (2) the
(5) On the report as referred to in Article 5 of the paragraph (4), the Minister forms the Special Examiner ' s Team to conduct the review and follow up on the report in question.
(6) The Special Examiner ' s Team as referred to in paragraph (5) amounts to 5 (five) persons chaired by the Minister and composed of 4 (four) of the appointed Eselon I officials.

Section 7
(1) The Inspectorate of the General doing exuberance over reports received to know the form/type of abuses committed by the reported and the provisions of the laws that are violated.
(2) The results of the review of the report as referred to in paragraph (1) included in the supervising category are performed at this point.
(3) The results of the review of the report as referred to in paragraph (1) which are not included in the supervision category are used as input for the repair of the management and are stored as an archive.

Section 8
(1) Further review of the report included in the supervision category as referred to in Article 7 of the paragraph (2) along regarding the breach of the discipline of the Civil Servlet carried out by the General Inspectorate along with the immediate supervisor of the Civil Service. It's in one of the examiners.
(2) Tindakforth on the report which is included in the supervision category as referred to in Article 7 of the paragraph (2) along with respect to the violation of the employee code of conduct by the Assembly of the Code of Conduct with the mechanism as set forth in Laws.
(3) Tindakcontinue on the report included in the supervision category as referred to in Article 7 of the paragraph (2) if it is related to the violation of the criminal offence committed by the Investigative Audit Team set up by the Inspector General.

Section 9
(1) The Torture Team as referred to in Article 8 of the paragraph (1) is formed and appointed by the Inspector General with a member composed of the Auditors, in odd numbers of at least 3 (three) persons.
(2) The Investigative Audit Team as referred to in Article 8 of the verse (3) was formed and appointed by the Inspector General with members made up of the Auditors, in odd numbers of at least 3 (three) persons.

Section 10
The review process that includes the confirmation, examination, and clarification activities are performed according to the audit/examination mechanism with regard to the code of conduct and the audit standard/check applicable.



Section 11
(1) The Torture Team as referred to in Article 9 of the paragraph (1), the Assembly of the Code of Conduct as referred to in Article 8 of the paragraph (2), and the Investigative Audit Team as referred to in Article 9 of the paragraph (2) after completion of its mandatory task of making the LHP which contains information about:
a.   Actual conditions/circumstances occurred;
B.   criteria that should be adhered to;
c. for the occurrence of such conditions/circumstance;
D.   result of which arise or will arise; and
e.   Recommendations.
(2) The LHP as it is referred to in paragraph (1) as long as it does not contain the conditions/circumstances that constitute a violation of the corruption of corruption, delivered to the Chief directly reported to follow up on the recommendations provided.
(3) The LHP as it is referred to in verse (1) which contains the conditions/circumstances that constitute a violation of the criminal offence of being delivered to the Minister.
(4) The LHP as it is referred to in paragraph (1) which states that it is not proven to be a violation, is saved as a document.



Section 12
(1) Directly Report to the Amended Report to the Report which has been proven to be committing a violation of the Civil Service discipline in the recommendation of the results of the examination as referred to in Article 11 of the paragraph (2) by the mechanism as It is governed by law.
(2) Direct Atasan Dropping Sanctions to the Report which has been shown to conduct a breach of the employee's code of conduct according to the recommendation of the examination results as referred to in Article 11 of the paragraph (2) with the mechanism as set in Trade Minister's rules.
(3) The Minister forwarded a case of violation in the field of criminal corruption laws committed by the employee according to the recommendation of the examination results as referred to in Article 11 of the paragraph (3) to the law enforcement apparatus.

Section 13
Whistleblowers who list his identity are clearly guaranteed their secrecy and are granted administrative and physical protection in accordance with the laws.

Section 14
Further provisions of the Regulation of this Minister will be governed by the Decree of the Secretary General of the Ministry of Commerce.

Section 15
The Minister ' s rules are beginning to apply to the date of the undrased.

In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.


Set in Jakarta
on August 22, 2013
THE TRADE MINISTER OF THE REPUBLIC OF INDONESIA,


GITA IRAWAN WIRJAWAN

Promulgated in Jakarta
on September 4, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,


AMIR SYAMSUDIN