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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51e054f2c09db8313233383436.html

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Back NEWS REPUBLIC of INDONESIA No. 1091, 2013 the MINISTRY of trade. Reporting. Violations. Whistleblowing. The system.

MINISTER of TRADE of the REPUBLIC of INDONESIA, the INDONESIAN TRADE MINISTER REGULATION number 41/M-DAG/PER/8/2013 on REPORTING SYSTEMS (WHISTLEBLOWING) in VIOLATION of the ENVIRONMENT MINISTRY of TRADE with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that in order to uphold the discipline of civil servants and Employees code of conduct, related to the prevention of the occurrence of criminal acts of corruption in the Trade Ministry of the environment, according to the presidential instruction No. 5 of 2004 about corruption eradication Acceleration needs to be set forth provisions regarding the offence reporting system (Whistleblowing) within the Ministerial Regulation Trade;
b. that based on considerations as referred to in letter a, the Minister of Trade Rules need to set about the offence reporting system (Whistleblowing) within the grounds of the Ministry of trade;
Remember: 1. Act No. 8 of 1974 about Staffing issues (State Gazette of the Republic of Indonesia Number 55 in 1974, an additional Sheet of the Republic of Indonesia Number 3041) as amended by Act No. 43 of 1999 (State Gazette of the Republic of Indonesia year 1999 Number 169, additional sheets of the Republic of Indonesia Number 3890);
2. Act No. 28 of 1999 regarding the Organization of a Government that is clean and free from corruption, Collusion and Nepotism (State Gazette of the Republic of Indonesia Number 75 in 1999, an additional Sheet of the Republic of Indonesia Number 3851);
3. Law Number 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia year 1999 Number 140, an additional Sheet of the Republic of Indonesia Number 3874) as amended by Act No. 20 of 2001 (State Gazette of the Republic of Indonesia Number 134 in 2001, an additional Sheet of the Republic of Indonesia Number 4150);
4. Act No. 13 of 2006 on the protection of witnesses and Victims (State Gazette of the Republic of Indonesia year 2006 Number 64, an additional Sheet of the Republic of Indonesia Number 4635);
5. Act No. 14 of 2008 about the openness of public information (State Gazette of the Republic of Indonesia Number 61 in 2008, an additional Sheet of the Republic of Indonesia Number 4846);
6. Government Regulation Number 71 in 2000 about the procedures for the implementation of the Public Participation and Appreciation in the prevention and eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia Number 114 in 2000, an additional Sheet of the Republic of Indonesia Number 3995);
7. Government Regulation Number 42 in 2004 about coaching the soul of the Corps and the civil servant code of conduct (Gazette of the Republic of Indonesia Number 142 in 2004, an additional Sheet of the Republic of Indonesia Number 4450);
8. Government Regulation Number 53 in 2010 about the discipline of civil servants (State Gazette of the Republic of Indonesia Number 74 in 2010, an additional Sheet of the Republic of Indonesia Number 5135);
9. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended several times the last presidential regulation Number 91 in 2011;
10. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II, as amended several times with the last presidential decree number 59/P in 2011;
11. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as amended several times the last presidential regulation Number 92 in 2011;
12. Trade Minister regulation Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of Trade as amended by regulation of the Minister of Commerce Number 57/M-DAG/PER/8/2012;
Decide: define: TRADE MINISTER REGULATION ABOUT the OFFENCE REPORTING SYSTEM (WHISTLEBLOWING) WITHIN the GROUNDS of the MINISTRY of trade.
Article 1 In this ministerial regulation is: 1. The reporting of Violations (Whistleblowers) are employees who report and/or disclosing alleged violations committed by other employees.
2. The offence reporting system (Whistleblowing) is the mechanism handling the complaint submitted by Whistleblowers.
3. the employee is reported to be Reported and/or disclosed by Reporting Violations (Whistleblower) because the alleged offence had been doing.
4. Clerks are civil servants who worked in the Ministry of Trade as provided for in the legislation in the field of employment.
5. the Report is a series of events to convey information to the competent authority regarding an incident that is experienced, seen, and felt, and expect a follow up by the competent authority.
6. Disclose is a series of activities to convey information to other employees about an event that is seen, experienced, and felt.
7. confirmation is a series of activities to get the affirmation of the existence of the Reported identified, both individual and group interests when possible including the substance of the issue being reported.
8. Clarification is the process of rarefaction or activities that provide an explanation regarding the matter complained of in proportion to the actual source of the complaint and the parties concerned.
9. The inspection is the process of problem identification, analysis, and evaluation of evidence is carried out independently, objectively, and professionals based on an enforceable standard for judging the truth over the reporting received.
10. Administrative Protection is protection in the form of maintaining the confidentiality of the identity.
11. Physical Protection is the protection provided in the form of physical security.
12. The report of the examination results which further shortened LHP is a report that describes the implementation and results of the inspection drawn up by the examiner in a concise and clear and in accordance with the scope and purpose of the inspection.
13. the Minister is the Minister of governmental affairs in exercising trade.
14. the Inspectorate-General was the element that is under the supervision of and responsible to the Minister of Commerce headed by the Inspector General.
Article 2 the offence reporting system (Whistleblowing) within the grounds of the Ministry of Commerce aims to: a. Provide a space for employees to report and/or disclose the fact of violations of discipline civil servant and employee code of conduct, as well as criminal acts of corruption committed by other employees in the course of law enforcement and improvement of management system;
b. Provide sanctions for the violations proven employees disciplined civil servant and employee code of conduct, as well as further processing violations criminal acts of corruption in accordance with the regulations;
c. improve the management system of Government at the Ministry of trade; and d.  Rebuilding the trust of the community to the employees in the environment of the Ministry of Commerce and civil servants in General.
Article 3 in carrying out the offence reporting system (Whistleblowing) in the Environment Ministry of Trade should be based on the principle of: a. the truth of the fact, which has the meaning that the facts of the events reported and/or disclosed was the fact that actually happen, not far-fetched nor slander are accompanied by sufficient evidence.
b. the objective, meaning that the process of completion reports and/or disclosure of facts by Whistleblowers do the same without distinguishing the positions/staffing status Reported as well as Whistleblowers.
c. Fair, which has a meaning that in giving or dropping the sanctions should correspond to the level of violations committed without differentiating the position of staffing/status Reported as well as Whistleblowers.
d. fast, meaning that the process of completion reports and/or disclosure of facts by Whistleblowers should be done as soon as possible, so as not to cause a prejudice that has no truth in fact.
e. constructive, which has the meaning that the sanctions were dropped to a reported proven violation of discipline civil servants and/or employees code of conduct aims to improve his behavior and create a deterrent effect, not to hinder his career is concerned.
f. the secret, which had the meaning that the substance of the report is not for public consumption.
g. presumption of innocence, which has the meaning that a person is deemed innocent until his guilt is proved as provided for in the legislation.

Article 4 scope of the reported violations and/or disclosed the fact of occurrence include the violation of discipline of civil servant, violation of the code of conduct offences, and clerk criminal acts of corruption.

Article 5 (1) any employee of the Ministry of trade can deliver and/or revealing incidents that are alleged to constitute violations committed by officials of the Ministry of trade.
(2) report on the alleged violations committed by officials of the Ministry of Trade as referred to in subsection (1) is submitted to the Inspector General with conveying data and/or information on: a. who is doing;
b. what deed is done;
c. where it was committed;
d. how the mode it was committed;
e. when the occurrence of the Act; and f.  other information as deemed necessary.

(3) a report that is submitted to the Inspector General referred to in subsection (2) may use the means of mail, phone, sms, email and other means with the clear identity of Whistleblowers or cite without identity.
(4) a report referred to in subsection (2) is submitted to the Minister for all that be Reported is the Inspector General.
(5) the provisions as referred to in paragraph (2), did not close the possibility that a report on the alleged violations committed by officials of the Ministry of Trade as referred to in subsection (1) is submitted directly to the law enforcement officers throughout the substance of the report is a violation of the law of criminal acts of corruption.
Article 6 (1) the Inspectorate Generals who received the reports referred to in article 5 paragraph (2) immediately administering such reports and filings with securities, as well as follow up.
(2) Tindaklanjut up the report referred to in subsection (1) includes the activities of study, confirmation, examination, clarification, reporting, and the grant recommendations.
(3) Disclosure of the events alleged to constitute violations committed by officials of the Ministry of Trade as stipulated in article 5 clause (1) shall be followed up after reported to the Inspectorate-General referred to in article 5 paragraph (2).
(4) Tindaklanjut the top of the report referred to in subsection (1) must be made no later than thirty (30) days from the date of receipt of the reports referred to in article 5 paragraph (2).
(5) the statements referred to in article 5 paragraph (4), the Minister formed a team of Special Examiners to conduct examinations and follow-up over the report in question.
(6) a special team of Inspectors referred to in subsection (5) amounted to 5 (five) persons, chaired by the Minister and consists of 4 (four) Echelon officials I designated.
Article 7 (1) the Inspectorate-General of investigations upon report received for knowing the shape/type of reported violations committed by and the provisions of the legislation are violated.
(2) the results of the review of the report referred to in subsection (1) are included in the category of supervision do tindaklanjut.
(3) the results of the review of the report referred to in subsection (1) that are not included in the category of supervision is used as input for improved management and saved as an archive.
Article 8 (1) Tindaklanjut top reports are included in the category of supervision as referred to in article 7 paragraph (2) concerning the violation of the discipline of civil servants is conducted by the General Inspectorate together with the direct supervisor Reported that joined in one team of inspectors.
(2) Tindaklanjut top reports are included in the category of supervision as referred to in article 7 paragraph (2) all related to violations committed by the employee code of conduct Tribunal code of ethics with the mechanism as provided for in the legislation.
(3) Tindaklanjut top reports are included in the category of supervision as referred to in article 7 paragraph (2) if the violation is related to criminal acts of corruption committed by Investigative Audit Team formed by the Inspector General.
Article 9 (1) a team of Inspectors referred to in article 8 paragraph (1) was formed and raised by the Inspector General with members consisting of the Auditor, the odd numbers of at least three (3) people.
(2) the Audit Team Investigative as mentioned in article 8 paragraph (3) was formed and raised by the Inspector General with members consisting of the Auditor, the odd numbers of at least three (3) people.
Article 10 tindaklanjut Process which covers the activities of the confirmation, inspection, and audit mechanisms are carried out according to clarify/examination having regard to the code of ethics and standards of audit/inspection.

Article 11 (1) a team of Inspectors referred to in article 9 paragraph (1), the code of conduct referred to in article 8 paragraph (2), and Investigative Audit Team as referred to in article 9 paragraph (2) after you have finished doing their job of making mandatory LHP which contains information on: a. the conditions/circumstances actually happened;
b. criteria that should be followed;
c. causes of occurrence of conditions/circumstances;
d. consequences incurred or will be incurred; and e.  recommendations.
(2) LHP as mentioned on paragraph (1) does not include all conditions/circumstances is a violation of criminal acts of corruption, submitted to the immediate supervisor Reported to immediately follow up on the recommendations given.
(3) LHP as mentioned on paragraph (1) which contains the conditions/circumstances is a violation of criminal acts of corruption, submitted to the Minister.
(4) LHP as mentioned on paragraph (1) which States not proven the existence of a violation, are stored as documents.

Article 12 (1) immediate Supervisor Reported dropping sanctions to Reported proven violation of discipline civil servants corresponding recommendation examination results referred to in article 11 paragraph (2) with the mechanism as provided for in the legislation.
(2) immediate Supervisor Reported dropping sanctions Reported that has been proven to perform appropriate employee code of conduct violation of the recommendations the results of the checks referred to in article 11 paragraph (2) with the mechanism as provided for in the regulation of the Minister of trade.
(3) the Minister continued cases of violations in the field of the law of criminal acts of corruption committed by officers of the appropriate recommendations of the inspection results referred to in article 11 paragraph (3) to law enforcement agencies.
Article 13 Whistleblowers that lists his identity clearly guaranteed confidential and given administrative and physical protection in accordance with legislation.

Article 14 further Provisions this regulation of the Minister shall be governed by the decision of the Secretary General of the Ministry of trade.

Article 15 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on 22 August 2013 SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, GITA IRAWAN WIRJAWAN Enacted in Jakarta on September 4, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();