Presidential Regulation Number 76 By 2013

Original Language Title: Peraturan Presiden Nomor 76 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f54d7a6c097ae313232303333.html

ps76-2013 fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 191, 2013PELAYANAN public. The complaint. The management. The guidelines.
REGULATION of the PRESIDENT of the REPUBLIC of INDONESIA NUMBER 76 by 2013 on MANAGING PUBLIC SERVICE COMPLAINT with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that in accordance with the provisions of article 36 and article 37 Act No. 25 of 2009 about public services are required for public service providers to provide a means of making complaints and appointing competent Implementers in the management of complaints;
b. that the establishment of means of complaint and assignment to the complaints Manager public services aim to meet the needs of society in obtaining a quality public service, reasonable, and fair;
c. that based on considerations as referred to in letters a and b, the need to establish Regulations on managing the President's Complaint the public service;
Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945;
2. 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 has been modified twice, last by Act No. 12 of 2008 about local government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
3. Act No. 37 in 2008 about the Ombudsman of the Republic of Indonesia (the State Gazette of the Republic of Indonesia Year 2008 Number 139, an additional Sheet of the Republic of Indonesia Number 4899);
4. Act No. 25 of 2009 about public service (State Gazette of the Republic of Indonesia Number 112 in 2009, an additional Sheet of the Republic of Indonesia Number 5038);
5. Government Regulation Number 96 in 2012 on the implementation of Act No. 25 of 2009 about public service (State Gazette of the Republic of Indonesia Number 215 by 2012, an additional Sheet of the Republic of Indonesia Number 5357);
Decide: define: PRESIDENTIAL REGULATION on MANAGING the PUBLIC SERVICE COMPLAINTS.

CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the President is: 1. The public service is an activity or series of activities in the framework of the fulfilment of the needs of the service in accordance with the regulations for each citizen and resident of goods, services, and/or administrative services provided by the organizer of the public service.
2. Public Service Providers hereinafter referred to the Organizer is organizer of the State institution, Corporation, an independent agency established by law for public service activities, and other legal bodies formed solely to the activities of the public service.
3. The organization of the Public Service Providers hereinafter referred to Organization Organizers is a unit of work of public service providers who are in institutional environment State organizers, corporations, independent institution established by law for public service activities, and other legal bodies formed solely to the activities of the public service.
4. Implementing the public service Implementing is hereinafter referred to as officers, employees, officers, and everyone who works in the organisation of the organizers in charge of carrying out an action or series of actions of public service.
5. The management of Complaints is the complaints handling activities in accordance with the mechanisms and procedures for the management of complaints.
6. Public Service Complaints Manager who is Manager hereinafter referred to officials, employees, or persons commissioned by the Organizer to manage public complaints on every public service providers.
7. The complainant was throughout good parties citizens nor residents of either individual, groups of people or legal entities who convey the complaint to the complaints Manager public service.
8. A complaint was filing the complaint that the complainant submitted to the complaints Manager public services implementing services that do not comply with the standard of service, or the waiver of liability and/or violation of the ban by organizers.
9. Standard service is the benchmark to be used as guidelines for conducting service and reference service quality assessment as a duty and the promise of penyelengara to the community in the framework of a quality service, quick, easy, affordable, and scalable.
10. Means of Complaint is the place or the room and all the trimmings that are provided specifically for receiving complaints from complainants or the recipient of the service.
11. the Minister is the Minister responsible in the field of utilization of State apparatus reform the bureaucracy.
CHAPTER II MANAGEMENT of COMPLAINTS is considered part of the plaintiff's Rights and the duty of the organizer of article 2 (1) a Complainant has the right to submit a complaint over the implementing Ministry that does not correspond to the standard service or waiver of liability and/or violation of the ban by organizers.
(2) in the management of complaint, the Organizer is obliged to announce: a. name and address of the Office in charge of the complaint Manager;

b. disseminating mechanisms and complaint management procedures;

c. accept, respond to, process, and resolve any complaints;

d. transmit the complaint which is not its to the organizers of other authorities;

e. did the recording and reporting of complaint management; and f.  conduct monitoring and evaluation over the management of complaints.
The second part means of Complaints article 3 (1) any compulsory Organizer provides the means to manage the complaint the complaint the public service.
(2) the provision of the means of the complaint referred to in subsection (1) notice of the interests of vulnerable groups or in need.
Article 4 on any means of complaint should be information available about mechanisms or procedures for complaint directly, indirectly, and/or electronics are easily obtained and understood by the recipient of the service.

Article 5 (1) provides for compulsory denunciation form Organizer that contains at a minimum: a. the identity of the complainant made up the name and full address;

b. Description of complaint over the Ministry; and c. the place, the time of delivery, and signature.
(2) the form referred to in subsection (1) is used for complaints submitted directly.
(3) the Organizer is obligated to provide the complaint for complaint box delivered indirectly.
(4) the organizer can provide media for complaints that are submitted electronically, among others, electronic mail, short message service, and telephone.
Article 6 (1) the form referred to in article 5 paragraph (1) required by the complainant.

(2) in case the complainant is not able to write and/or read, the Manager is obligated to help fill out the form.

The third section Manager article 7 (1) every Organizer is obligated to give power to a competent Manager to carry out the functions of the management of complaints.
(2) the Manager referred to in subsection (1) comes from the neighborhood organizer who is appointed in accordance with the provisions of the legislation.
(3) the Manager referred to in subsection (2) is a structural or functional officials have competence in accordance with the provisions of the legislation.
(4) in case the Organizer is a corporation or other legal entity, the Office Manager referred to in subsection (2) is conducted in accordance with the provisions of the legislation.
(5) the organizers of the obligatory coaching against the Manager.
The fourth part of the management mechanism of Complaints article 8 (1) organizers of compulsory drafting mechanisms and procedures for the management of complaints.
(2) the mechanisms and procedures for the management of a complaint referred to in subsection (1) include the following: a. acceptance, consists of an examination of the completeness of the documents as well as the granting of logging complaints and feedback to the complainant.
b. penelaaahan and classification, comprising problem identification, examination of the substance of the complaint, clarification, evaluation of evidence, and selection.
c. channelling complaints i.e. forwarding a complaint to the organizers of other authorities, in terms of the substance of the complaint not being those powers.
d. the complaint resolution, delivery advice consists of a settlement related to officials in the neighborhood Organizer, monitoring, delivery of information to the complainant, follow-up, reporting and archiving.
(3) the mechanisms and procedures for the management of a complaint referred to in subsection (2) are arranged with attention to vulnerable groups or in need.
(4) the resolution of the complaint and the corrective actions must be open to the public and informed through public service information system at each Organizer.
The fifth part Reporting, monitoring, and evaluation in article 9 (1) the Manager is obligated to prepare and report on the management of complaints to the organizers at regular intervals.
(2) complaint management Report referred to in subsection (1) includes material and categories of complaints, time of acceptance, the status of the settlement, the result of handling, as well as the response of the complainant.
Article 10 (1) organizers of obligatory monitoring and evaluation of the management of complaints on a regular basis at least the number and type of complaints received, the cause of the complaint, as well as a settlement against the complaint.
(2) the results of the monitoring and evaluation of the mandatory followed up by organizers to the improvement of the Organization of the public service.
The sixth resolution of Complaints article 11 (1) the resolution of a complaint should be implemented in a quick, precise, orderly, has been completed, and can be accounted for.

(2) the Organizer is obligated to appoint the executor is responsible for the implementation of the follow-up to complaints received in the environment of work.
Article 12 (1) a complaint may be made by any person aggrieved or other parties who received power to represent him.
(2) a complaint referred to in subsection (1) is carried out at the latest 30 (thirty) days since the complainant received the service.
(3) the Organizer is obligated to resolve any complaint at least sixty (60) days from the file the complaint stated.
The seventh part of the obligations and Prohibitions For the Manager Article 13 Managers required to provide the Ministry with: a. empathy, respect and manners, without asking, and without the element of coercion;

b. rapid, appropriate, open, just, not discriminatory, and do not charge fees;

c. ensure the confidentiality of the identity of the complainant in accordance with the provisions of the legislation;

d. provide explanations about the development process transparently complaint handled;

e. put forward the principles of professionalism and independence in managing complaints; and f. pay attention to vulnerable groups and in need of special.

Article 14 prohibited Manager: a. use the facilities infrastructure complaints for personal interests or groups; and b. receive the rewards of any kind for activities related to the management of complaints.

The eighth section Protection Complaint Article 15 (1) in case the complainant is necessary or requesting protection, Chief organizer of the required to provide protection to the complainant during the complaint management process.
(2) the protection referred to in subsection (1) may be in the form of guarantees the confidentiality of the identity of the complainant.
Article 16 the organizer or supervisor of the defendant is obligated to treat the party as party defendants innocent until proving process is complete.

The ninth part of the performance assessment of article 17 (1) organizers of the obligatory performance assessment over the management of the public service of the complaint.
(2) performance assessment referred to in subsection (1) is performed with the use of performance indicators based on the mechanisms and procedures for the management of a complaint as referred to in article 8.
(3) the assessment of the performance of the management of complaints is carried out in the framework of the assessment of the performance of the public service as a whole.
The tenth part of the complaints management system of national public service of article 18 (1) the Minister is doing the coordination management of complaints nationwide.
(2) the management of complaints nationwide is the integration of the management of complaints at each hierarchical organizer of information systems within the framework of the public service.
(3) the provisions concerning the Organization of management of penga-duan nationally and integration management of hierarchical complaint referred to in subsection (1) and paragraph (2) subject to the regulations of the Minister.
The eleventh part of coaching and supervision article 19 (1) the leadership of ministries/agencies or local governments do coaching and supervision of the implementation of the management of the public service complaints within the scope of their respective responsibilities.
(2) the construction and supervision of the implementation of the management of the public service of a complaint referred to in subsection (1) is coordinated by the person in charge of organizing the public service in each of the ministries/agencies or local governments.
(3) the Minister is doing construction and supervision of the implementation of the management of the complaints against the public service within the framework of the Organization of information systems of public service nationally. (4) the Minister draw up road map development complaint management system.
(5) further Provisions concerning the coaching, supervision, and drafting the road map development of a complaints management system referred to in subsection (2) and paragraph (3) subject to the regulations of the Minister.
CHAPTER III the CLOSING PROVISIONS article 20 at the time of entry into force of this regulation of the President began, for a period of not longer than 1 (one) year: a. the Organizer is obligated to provide a means of complaints, mechanisms and procedures for the management of complaints, as well as establish a complaints Manager public services; and b.  Ministers draw up road map implementation of national complaint management system.
Article 21 of the regulation this President comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on 6 December 2013 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on December 6, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();