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Regulation Of The Minister Of Justice And Human Rights No. 3 By 2013

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 3 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 222, 2013 THE MINISTRY OF LAW AND HUMAN RIGHTS. Verifying. Accreditation. Legal aid agency. The Correctional Organization.


RULES MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA
No. 3 YEAR 2013
ABOUT
ORDER VERIFICATION AND ACCREDITATION OF LEGAL AID AGENCIES OR CORRECTIONAL ORGANIZATIONS

BY THE GRACE OF THE ALMIGHTY GOD

MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

Weighing: that to implement the provisions of Article 7 paragraph (4) of Law Number 16 of the Year 2011 on Legal Assistance, need to establish the Regulation of the Minister of Law and Human Rights on the Tata Way Verification and Accreditation of the Institution Legal Assistance or Correctional Organization;

Given: 1.   Law No. 39 of 2008 on the Ministry of State (State of the Republic of Indonesia 2008 No. 166, Additional leaf of the Republic of Indonesia Indonesia Number 4916);
2. Act No. 16 of 2011 on Legal Assistance (State Sheet of Indonesia Year 2011 Number 104, Additional Gazette Republic of Indonesia Number 5248);
3. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended last by the Presidential Regulation Number 91 of 2011 on the Third Amendment to the Regulation of Presidential Number 47 Years 2009 on the Establishment and Organization of the Ministry of State (State of the Republic of Indonesia in 2011 Number 141);
4. 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 it has been several times amended last with the Presidential Regulation Number 92 2011 on the Second Amendment to the Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, Duty, and Functions of the Ministry of State (of the State of the Republic of Indonesia in 2011) Number 142);
5. Regulation of the Minister of Law and Human Rights Number M. HH-05.OT.01.01 of 2010 on the Organization and Work of the Ministry of Law and Human Rights of the Republic of Indonesia (News of the State of Indonesia 2010 No. 676);

DECIDED:

establish: Law of the Minister of Law and Human Rights on the manner of verifying the verification and accreditation of legal aid agencies or of the Correctional organization.

BAB I
UMUM CONDITIONS
Section 1
In Regulation of this Minister referred to:
1. Verification is an examination of the truth of the report and documents submitted by the legal aid agency or the correctional organization.
2. Accreditation is the assessment and recognition of a legal aid agency or a correctional organization that will provide legal assistance that is classified/declassified in the granting of legal assistance.
3. Legal Aid is a legal service provided by the legal aid provider for free to the recipient of the legal aid.
4. The recipients of the Legal Help are the person or group of the poor.
5. Legal Aid is a legal aid agency or a correctional organization that provides legal assistance services under Law Number 16 of the Year 2011 on Legal Assistance.
6. The subsequent correctional organization called the Organization is an organization created by members of the public citizens of the Republic of Indonesia voluntarily on the basis of the similarity of activities to provide legal aid services to people or Poor group of people.

7. Panitia is the Verification Committee and Accreditation.
8. The Minister is the minister who organizes government affairs in the field of law and human rights.

BAB II
VERIFY AND ACCREDITATION STEPS
Section 2
Verification and Accreditation are performed every 3 (three) years against:
a. Legal aid agencies or organizations that provide Legal Assistance services; and
b. Legal Assistance.

Article 3
The stage in performing the Verification and Legal Assistance Accreditation is conducted in a way:
a. announcement;
B. application;
c. administrative check;
D. factual check;
e. The Legal Help classifications are available; and
f.   Legal Help-fixing.

Section 4
Verification and Accreditation are performed within the most long term of 4 (four) months from the date of the registration announcement.

BAB III
THE VERIFICATION AND ACCREDITATION COMMITTEE
Section 5
(1) The Minister forms the Committee to carry out the Verification and Accreditation process.
(2) The Committee as referred to in paragraph (1) is ad hoc and independent.
(3) The Committee as referred to in paragraph (1) is located in Capital of the Republic of Indonesia.

Section 6
(1) The membership of the Panitia membership consists of:
a.   1 (one) the co-chair of the members who come from the Ministry of Law and Human Rights;
B.   1 (one) the secretaries of the members who are derived from the Ministry of Law and Human Rights; and
C.   5 (five) members of the member made up:
1. 2 (two) people who are derived from the element of academia;
2. 2 (two) people who are derived from elements of the public figure; and
3. 1 (one) person who comes from an element of legal aid agency or Organization.
(2) The Panitia as referred to in paragraph (1) is responsible to the Minister.
(3) To be able to be appointed to the Panitia must be eligible as follows:
a. nationals of Indonesia;
B. at least 35 (thirty-five) years and at the highest of 65 (sixty-five) years;
c. The lowest educated strata I; and
D. understand the task and function of the Legal Assistance Agency; and
e. not be a caretaker or a member of anization to supplement the requirements.
(2) The organization of legal assistance or Organizations in the most prolonged period of 14 (fourteen) days of work as of the date of the notification letter is delivered, must supplement the completeness of the requirements.
(3) In the event the Institution or Organization does not convey the completeness of the requirements as referred to in paragraph (2), the request for Verification and Accreditation is declared rejected.

BAB V
DOCUMENT CHECK AND FACTUAL CHECK
Section 19
(1) Examination of a copy of the establishment of the establishment of a legal aid agency or an Organization as referred to in Article 15 of the letter a is done by matching the original copy of the deed by attaching a copy of the copy of the deed be legalized by the agency or the agency issuing a copy of the original deed.
(2) In the case of an instance or institution issuing a copy of the original deed as referred to in a verse (1) does not have an office in the local town/county, the legity is carried out on the heat of the local court of state.

Article 20
The examination of the basic budget documents and household budgets as referred to in Article 15 of the letter b is done by matching the original document by attaching a photocopy of the basic budget document and the household budget that has It's legalized.

Section 21
Examination of the enforcement of the legal aid agency or the Organization as referred to in Article 15 of the letter c is done by matching the deed of the original legal aid agency or Organization by attaching a photocopy of the administrator's deed. It's been legalized.

Section 22
Examination of the legality of the advocate in the institution of legal aid or the Organization as referred to in Article 15 of the letter d is done by matching the letter of appointment as an advocate on the original legal aid agency or the Organization with attach a photocopy of the appointment letter that has been legalized by the instance or the authorized agency.

Section 23
Examination of an event permit letter as an advocate still in effect as referred to in Article 15 of the letter e done by matching the original event permit by attaching a photocopy of an event that has been legalized. by the agency or the authorized agency.

Section 24
The examination of the documents on the status of the office of the law aid agency or the Organization as referred to in Article 15 of the letter f is done by checking directly to the office address and office status document.

Section 25
Examination of a photocopy of the Compulsory subject of a legal aid agency or the Organization as referred to in Article 15 of the letter g is done by means of checking directly into the local tax office to find out the legal aid agency or The Organization has already had the Mandatory Principal Number of Tax.

Section 26
The examination of the financial management report as referred to in Article 15 of the letter h is done by reporting the financial management of legal aid agencies or the Organization to the Head of the National Legal Coaching Agency periodically.

Section 27
Examination of the program plan required as referred to in Article 15 of the letter i was conducted to know the legal aid agencies or the Organization have drawn up a Legal Assistance program plan in the granting of Legal Aid.

Section 28
(1) The Panitia based on the results of the examination may refuse or publish the certification pass Verification.
(2) Examination as referred to in paragraph (1) is exercised within a period of 14 (fourteen) business days from the date of the receiving request.
(3) The rejection of a plea by the Panitia is notified to the applicant in writing with the express reason of its refusal.
(4) The results of the Verification of Verification are presented to the Minister with the accompanying advice and consideration of the slowest 7 (seven) working days by the Panitia.
(5) The results of the Verification Implementation as referred to in paragraph (4) are subject to consideration for the Minister in the granting of Accreditation.

BAB VI
LEGAL HELP-CLASSIER
Section 29
(1) the legal aid agencies or the Organizations that have passed Verify are granted Accreditation.
(2) Accreditation as referred to in paragraph (1) is performed by classifying law relief agencies or Organizations based on:
a. the number of cases and activities handled with respect to the poor;
B. the number of nonlitigation Legal Assistance programs;
c. the number of advocates it has;
D. formal and nonformal education that advocates and paralegals have;
e. experience in handling or providing legal assistance;
f.   case handling range;
G. the status of the ownership and the means of the office infrastructure;
h. the age or old establishment of the legal aid agency or the Organization;
i.   basic budget and household budgets;
J.   financial statements in accordance with accounting standards;
No, Mandatory Subject Number of the legal aid agency or the Organization; and
I.   networks owned by law or organization help agencies.

Section 30
(1) The results of the classification as referred to in Article 29 by categorizing the Legal Help of the Law become:
a. Katagori Legal Assistance (PIs);
B. Katagori Legal Assistance Providers; and
C. Katagori Legal Aid Providers
(2) Katagori as referred to in paragraph (1) the letter a has:
a.   the number of cases handled at least 1 (one) year as much as 60 (sixty) cases;
B.   the number of non-litigation law relief programs at least 7 (seven) of the program;
c. The number of advocates of at least 10 (ten) persons and paralegals held at least 10 (ten) persons;
D. the formal and nonformal education that advocates the lowest strata I and the paralegals who have followed paralegal training;
e.   the range of case handling or the scope of provincial and district/kota;
f.    the status of the ownership and the means of the office infrastructure;
G.   agency ' s management;
h.   basic budget and household budgets;
i.    financial statements in accordance with accounting standards;
J.    Mandatory Subject Number of the legal aid agency or the Organization; and
No,   networks owned by law or organization help agencies.
(3) Katagori as referred to in paragraph (1) the letter b has:
a.   the number of cases handled at least 1 (one) year as much as 30 (thirty) cases;
B.   the number of non-litigable law relief programs at least 5 (five) programs;
c. The number of advocates of the least 5 (five) persons and paralegals belonging to at least 5 (five) persons;
D. the formal and nonformal education that advocates the lowest strata I and the paralegals who have followed paralegal training;
e.   the range of case handling or the scope of provincial and district/kota;
f.    the status of the ownership and the means of the office infrastructure;
G.   the complete institution ' s management;
h.   basic budget and household budgets;
i.    financial statements in accordance with accounting standards;
J.    Mandatory Subject Number of the legal aid agency or the Organization; and
No,    networks owned by law or organization help agencies.
(4) Katagori as referred to in paragraph (1) the letter c has:
a.   the number of cases handled at least 1 (one) year as much as 10 (ten) cases;
B.   the number of nonlitigable law relief programs at least 3 (three) programs;
c. The number of most fewer advocates of 1 (one) person and paralegal has at least 3 (three) persons;
D. the formal and nonformal education that advocates the lowest strata I and the paralegals who have followed paralegal training;
e.   the range of case handling or the scope of provincial and district/kota;
f.    the status of the ownership and the means of the office infrastructure;
G.   the complete institution ' s management;
h.   basic budget and household budgets;
i.    financial statements in accordance with accounting standards;
J.    Mandatory Subject Number of the legal aid agency or the Organization; and
No,   networks owned by law or organization help agencies.

Section 31
(1) Panitia in giving consideration to the Minister regarding legal aid agencies or Organizations that have been accredited by carrying out the Committee meeting.
(2) The decision of the Committee meeting as referred to in paragraph (1) based on deliberations to reach the mufakat.
(3) In terms of deliberation not reaching the mufakat, the decision of the Committee meeting as referred to in verse (2) is taken on the basis of the most votes.

BAB VII
LEGAL ASSISTANCE DESIGNATION
Section 32
(1) the Minister designates the verified and accredited legal aid agency as a Legal Aid.
(2) The penetration as referred to in paragraph (1) is poured in the certificate signed by the Minister.

Article 33
The designation as a Legal Assistance is valid for a term of 3 (three) years from the date specified.

Section 34
The designation of legal assistance is announced via print and/or electronic media.

Section 35
(1) The certificate as referred to in Section 32 applies to a term of 3 (three) years and may be extended.
(2) The application of the certification extension may be conducted at least 2 (two) months prior to the expiration of the term of the certificate.
(3) The invocation of the application as referred to in paragraph (2) is considered as a request to be done Verify and Accreditation.

Section 36
(1) The certificate as referred to in Section 35 may be revoked if the Legal Assistance violates the provisions of the laws.
(2) The revocation of the certificate as referred to in paragraph (1) is carried out by the Minister.
(3) The Law Assist as referred to in verse (1) may submit objections to the Minister with accompanied reasons and strong evidence.

BAB VIII
FUNDING REPORTING
Section 37
(1) Legal aid agencies or the Organizations are required to report grants, donations, and/or other authorized and non-binding funding sources that have been owned at the time of Verification and Accreditation.
(2) Hibah, donation, and/or other legal and non-binding sources of funding as referred to in paragraph (1) are listed in the Legal Assistance Program plan.
(3) The format of the Legal Help program as referred to in paragraph (2) is listed in the Attachment that is an inseparable part of the Regulation of this Minister.

Section 38
Funding required for the implementation of the Panitia task is charged on the Ministry ' s Budget Implementation Filling List that organizes government affairs in law and human rights and/or other legitimate funding sources and is not binding.

BAB IX
TRANSITION PROVISIONS
Section 39
(1) At the time the Minister ' s Ordinance is in effect, the legal aid agency or the Organization, which has not been status as a legal entity as referred to in Article 12 of the letter a, remains Verified and Accreditation.
(2) The legal entity for the legal aid agency or the Organization as referred to in the paragraph (1) must be fulfilled in the most prolonged period of 2 (two) months from the date of the announcement of the verification of the Verification and the Accreditation. as referred to in Section 11.

BAB X
CLOSING PROVISIONS
Section 40
The Regulation of the Minister comes into effect on the date of the promulctest.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on February 6, 2013
MINISTER FOR LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

It is promulred in Jakarta
on 8 February 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN



Attachment: bn222-2013lamp