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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BN 222-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 222, 2013 the MINISTRY OF LAW and human rights. Verification. Accreditation. The Institution Of Legal Aid. Civic Organizations.

REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA number 3 by 2013 on the VERIFICATION PROCEDURES and the ACCREDITATION of the INSTITUTION of LEGAL AID or CIVIC ORGANIZATIONS with the GRACE of GOD ALMIGHTY the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, Considering: that in order to implement the provisions of article 7 paragraph (4) of Act No. 16 of 2011 on legal aid, it needs to set a regulation of the Minister of law and human rights on procedures for verification and Accreditation of the institution of legal aid or Civic Organizations;
Remember: 1. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic of Indonesia Number 4916);
2. Act No. 16 of 2011 on legal aid (State Gazette of the Republic of Indonesia Number 104 in 2011, an additional Sheet of the Republic of Indonesia Number 5248);
3. Presidential regulation Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation Number 91 in 2011 about the third Change of top presidential regulation Number 47 in 2009 about the formation and Organization of the Ministry of State (State Gazette of the Republic of Indonesia Number 141 in 2011);
4. 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 it has several times changed the last presidential regulation Number 92 in 2011 about the second amendment above 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 Ministry of State (State Gazette of the Republic of Indonesia in 2011 Number 142);
5. Regulation of the Minister of law and human rights the number m. HH-05. OT 01:01 of 2010. about the Organization and the Work of the Ministry of law and human rights Republic Indonesia (Republic Indonesia in 2010 Number 676);
Decide: define: REGULATION of the MINISTER of LAW and HUMAN RIGHTS on PROCEDURES for VERIFICATION and ACCREDITATION INSTITUTIONS or LEGAL AID ORGANIZATIONS.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Verification is Proofing over the truth of the reports and documents submitted by the legal aid institutions or organizations.
2. assessment and accreditation is the recognition of the institution of legal aid or a viable organization will provide legal assistance in the form of classification/penjenjangan in the granting of legal aid.
3. Legal aid is legal services provided by the giver of legal assistance free of charge to the recipient of legal aid. 4. the legal aid Beneficiary is a person or group of people are poor.
5. Legal aid Givers are legal aid institutions or organizations that provide community services legal aid on the basis of Act No. 16 of 2011 about legal aid.
6. Civic Organizations hereinafter referred Organization is an organization that was formed by members of the community of citizens of the Republic of Indonesia voluntarily on the basis of similarity of activities to provide legal aid services to people or groups of people are poor.

7. The Committee is the Committee for verification and Accreditation.

8. the Minister is the Minister who organized a Government Affairs in the field of law and human rights.

CHAPTER II STAGES of VERIFICATION and ACCREDITATION article 2 verification and Accreditation is done every 3 (three) years against: a. legal aid agency or organization that provides legal aid services; and b. legal aid Givers.

Article 3 stages in verifying legal aid Givers and accreditation is carried out by means of: a. announcement;

b. solicitation;

c. examination of administration;

d. the factual examination;

e. legal aid Giver of classification; and f.  the determination of the legal aid Givers.

Article 4 verification and Accreditation is carried out within a period of not longer than 4 (four) months counted from the date of announcement of the registration.

CHAPTER III VERIFICATION and ACCREDITATION COMMITTEE article 5 (1) the Minister formed a Committee to implement process verification and Accreditation.

(2) the Committee referred to in subsection (1) are ad hoc and independent.

(3) the Committee referred to in subsection (1) is based in the capital of the Republic of Indonesia.

Article 6 (1) the composition of the membership of the Committee consists of: a. one (1) Chairman and members of the Ministry of Justice and human rights;

b. one (1) person Secretary and members of the Ministry of Justice and human rights; and c.  5 (five) members, consisting of: 1. the 2 (two) persons originating from academia;

2. two (2) a person who comes from the element of public figures; and 3. one (1) person who comes from legal aid institution or organization. (2) the Committee referred to in subsection (1) is responsible to the Minister.
(3) to be appointed Committee must qualify as follows: a. citizen of Indonesia;

b. age of least 35 (thirty-five) years and most high 65 (sixty-five) years;

c. the lowest educated strata I; and d. to understand the duties and functions of the institution of legal aid Givers; and e. not be trustees or members of a political party.
(4) in addition to qualify as referred to in paragraph (3), for a Committee comes from legal aid institutions or organizations should also be experienced in the field of granting of legal aid the shortest 2 (two) years.
Article 7 (1) of the Committee in charge of selecting, evaluating, and determining the eligibility of legal aid as the giver.
(2) in carrying out the tasks referred to in paragraph (1), the Committee applied the principle of coordination, integration, and synchronization.
Article 8 (1) of the Committee in carrying out the tasks referred to in article 7, undertake: a. the preparation of a list of legal aid agency or organization will do verification and Accreditation;
b. registration verification and announcement of the accreditation of the institution of legal aid organizations or through print media and/or electronic media, with the registration period of 15 (fifteen) working days; c. legal aid institutions logging or organization;

d. examination of administration;

e. a factual examination;

f. determination of the category of the institution of legal aid or legal aid Organizations as the giver;
g. proposal submission category determination of legal aid agency or organization to the Minister as well as the giving consideration to the Minister; and h.  the announcement of the results of the verification and Accreditation institutions or legal aid organizations.
(2) the administrative Checks referred to in paragraph (1) letter d by doing: a. match the identity of the legal aid institutions or organizations;

b. matching the document's establishment and the deed of establishment of a legal aid agency or organization; and c. the granting of legal aid program is checking the shortest one (1) year after the deed of establishment was published by attaching evidence handling activities either litigation or nonlitigasi.
(3) a factual Examination as referred to in paragraph (1) letter e by doing: a. checking legal aid institutions or organizations have registered with the Government agencies;

b. checking the presence of secretarial or Office;

c. checking the management of legal aid institutions and organizations; and d. permit or license checking beracara for advocates.
(4) the giving of the consideration referred to in subsection (1) the letter g with regard to: a. a list of legal aid agency or organization that has done the verification and Accreditation to the Minister;

b. a list of legal aid institutions or organizations that have met the requirements for verification and Accreditation; and c. a recommendation as the giver of assignment of legal aid.
Article 9 (1) in carrying out its duties, the Committee is assisted by the working group.
(2) the Working Group referred to in paragraph (1) was carried out by the construction of the national law and led by 1 (one) person Chairman assumed by Echelon 2 who have tasks in the field of legal assistance.
(3) one element of the membership of the Working Group referred to in subsection (2) comes from the Regional Office of the Ministry of law and human rights. (4) a working group was formed and is accountable to the Chairman of the Committee.

Article 10 working groups referred to in article 9 is in charge of providing technical support, operations, and administration to the Committee.

CHAPTER IV ANNOUNCEMENT and APPLICATION of article 11 (1) the Minister announced the implementation of the verification and Accreditation for legal aid institutions or organizations that are interested in becoming a legal aid Givers. (2) the announcement referred to in paragraph (1) published in the official website of the Ministry of Justice and human rights.
(3) the announcement referred to in paragraph (1) contains at least: a. time begins and the expiry of the registration;

b. requirements that must be met by the legal aid institutions or organizations; and c. the time execution of the verification and Accreditation.
Article 12 legal aid Institutions or organizations that apply for verification and Accreditation as legal aid Givers should be qualified: a. the legal body;

b. have a fixed Office or Secretariat;

c. have a sysop;

d. legal aid program;

e. have the advocate listed on legal aid institutions or organizations; and f.  has handled at least 10 (ten) cases.

Article 13 (1) of law incorporated the terms referred to in article 12 letter a, evidenced by the endorsement of the decree law entities by the Minister.

(2) For legal aid institutions or organizations that are in the structure of the institution or organization that is already a status of a legal entity, then the legal aid agency or organization intended status as a legal entity.
Article 14 (1) the application for verification and Accreditation as stipulated in article 12 submitted to the Minister in: a. electronic; or b. nonelektronik.
(2) the petition electronically as referred to in paragraph (1) a letter by filling out the application on the official website of the Ministry of Justice and human rights.
(3) the petition in nonelektronik as referred to in paragraph (1) letter b by filling out the form and submitted through the Head Coaching Bodies of national law.
Article 15 application for verification and Accreditation as stipulated in article 14 by attaching the comprehensiveness requirement: a. photocopying a copy of the deed of establishment of a legal aid agency or organization;

b. photocopy articles of Association and bylaws;

c. photocopy of certificate of legal aid agency administrators or organizations;

d. photocopies of a letter designation as an advocate at the legal aid agency or organization;

e. photocopying licence beracara as an advocate is still valid;

f. photocopying documents about the status of the Office of legal aid institutions or organizations;

g. photocopies of Staple Number Taxpayer legal aid institutions or organizations;

h. financial management report; and i.  Legal aid program plan.

Article 16 in the case of the petition is submitted electronically, the legal aid agency or organization must also convey the petition and completeness requirements as stipulated in article 15 to the Committee.

Article 17 (1) Application that has been declared compliant and complete verification and accreditation.
(2) notice of the implementation of the verification and Accreditation is submitted in writing to the legal aid institutions or organizations about the accreditation and Verification time.
Article 18 (1) in terms of completeness requirements as stipulated in article 15 is not complete, inform the Committee in writing to the legal aid institutions or organizations to complete the requirements.
(2) the legal aid agency or organization within a period of 14 (fourteen) days of work calculated from the date the notice is delivered, must complete the comprehensiveness requirement.
(3) in the case of the institution or organization does not convey the completeness requirements as referred to in paragraph (2), application verification and Accreditation was declared rejected.
Chapter V INSPECTION and EXAMINATION of FACTUAL article 19 (1) examination of the top copy of the deed of establishment of legal aid institutions or organizations referred to in Article 3 a is done by matching the copy of the original certificate by attaching a photocopy copy of deed that has been legalised by the agency or institution that issued a copy of the original deed.
(2) in the case of establishments or agencies that issued the original copy of the certificate referred to in subsection (1) does not have an Office in the local County/City, legalisir performed on a local district court clerk.
Article 20 examination of documents statutes and bylaws as referred to in article 15 and the letter b is performed by matching the original documents by attaching photocopies of documents statutes and bylaws that have been legalised.

Article 9 examination of top management of legal aid institutions or organizations referred to in Article 15 of the letter c is performed by matching the legal aid institution administrators deed or the original Organization by attaching photocopies of deed administrators have been legalised.

Article 22 the examination over the legality of the advocate on legal aid institutions or organizations referred to in Article 15 d is done with compatibility letter designation as an advocate at the legal aid institutions or organizations that are original by attaching a photocopy of the letter of designation that has been legalised by agencies or institutions that certify.

Article 23 Examination over licence beracara as an advocate is still valid as stipulated in article 15 of the letter e is done with the beracara license compatibility original by attaching photocopies of the beracara licence has been legalised by agencies or institutions that certify.

Article 24 examination of documents on the status of the Office of legal aid institutions or organizations referred to in article 15 sebagaima the letter f is done by checking the address directly into your Office and Office of the status of the document.

Article 25 Inspection over photocopying Staple Number Taxpayer legal aid institutions or organizations referred to in Article 15 of the letter g is done by checking directly to the local tax office to find out the legal aid agency or organization has had a Number of tax Payer.

Article 26 up Examination reports financial management referred to in Article 15 and the letter h is done by reporting financial management institution of legal aid organizations or to the head of the Agency's construction of the national law on a regular basis.

Article 27 the inspection plan required as referred to in article 15 of the letters i was conducted to find out the legal aid agency or organization has devised a plan of legal aid program in the granting of legal aid.

Article 28 (1) of the Committee on the basis of the inspection results can deny or publish certification pass verification.
(2) the examination referred to in subsection (1) is carried out within a period of fourteen (14) business days counted from the date of receipt of the petition. (3) the denial of the petition by the Committee are notified to the applicant in writing, with reasons for his refusal to be accompanied.
(4) the results of the implementation of the Verification is submitted to the Minister with advice and consideration at least 7 (seven) days of work by the Committee.
(5) the results of the implementation of the Verification referred to in paragraph (4) becomes a material consideration for the Minister in granting Accreditation.
CHAPTER VI CLASSIFICATION LEGAL AID GIVER of article 29 (1) of the legal aid agencies or organizations that have passed Verification given Accreditation.
(2) the accreditation referred to in subsection (1) is carried out by legal aid agencies classify or organization based on: a. the number of cases dealt with and the activities associated with the poor;

b. the amount of legal aid program nonlitigasi;

c. the number of advocates who owned;

d. formal and non-formal education which belonged to advocate and paralegal;

e. experience in dealing with or provide legal assistance;

f. the reach of the handling of cases;

g. status of ownership and infrastructure Office;

h. age or old legal aid Foundation or organization;

i. Constitution and bylaws;

a. the financial statements in accordance with accounting standards;

k. Number of tax Payer legal aid institutions or organizations; and l.  the network owned by the legal aid institutions or organizations.
Article 30 (1) the results of the classification referred to in Article 29 with categorizing the legal aid Giver to: a. the requirement of A legal aid Givers;

b. legal aid Givers what category B; and c legal aid Givers. requirement of C.
(2) the Categories referred to in paragraph (1) letter a has: a. the number of cases dealt with at least 1 (one) year as much as sixty (60) case;

b. the amount of legal aid nonlitigasi programs at least 7 (seven) program;

c. number of advocates of at least 10 (ten) people and a paralegal who owned at least 10 (ten) persons;
d. formal and non-formal education which belonged to the lowest strata I advocate and paralegal who has been following the training of paralegals; e. the handling of the case or the scope of the coverage area of the province and district/city;

f. status of ownership and infrastructure Office;

g. governance institutions;

h. statutes and bylaws;

i. financial statements in accordance with accounting standards;

j. Number of tax Payer legal aid institutions or organizations; and k.  the network owned by the legal aid institutions or organizations.
(3) the Categories referred to in paragraph (1) letter b have: a. the number of cases dealt with at least 1 (one) year as much as thirty (30) cases;

b. the amount of legal aid program nonlitigasi at least 5 (five) program;

c. number of advocates of at least 5 (five) people and a paralegal who owned at least 5 (five) persons;
d. formal and non-formal education which belonged to the lowest strata I advocate and paralegal who has been following the training of paralegals; e. the handling of the case or the scope of the coverage area of the province and district/city;

f. status of ownership and infrastructure Office;

g. governance institutions complete;

h. statutes and bylaws;

i. financial statements in accordance with accounting standards;

j. Number of tax Payer legal aid institutions or organizations; and k.   the network owned by the legal aid institutions or organizations.
(4) the Categories referred to in subsection (1) the letter c has: a. the number of cases dealt with at least 1 (one) year as much as 10 (ten) cases;

b. the amount of legal aid program nonlitigasi at least three (3) programs;

c. number of advocates of at least 1 (one) person and a paralegal who owned at least 3 (three) persons;
d. formal and non-formal education which belonged to the lowest strata I advocate and paralegal who has been following the training of paralegals; e. the handling of the case or the scope of the coverage area of the province and district/city;

f. status of ownership and infrastructure Office;

g. governance institutions complete;

h. statutes and bylaws;

i. financial statements in accordance with accounting standards;

j. Number of tax Payer legal aid institutions or organizations; and k.  the network owned by the legal aid institutions or organizations.
Article 31

(1) Committee in giving consideration to the Minister regarding the legal aid institutions or organizations that have been accredited by implementing Committee meeting. (2) the decision of the meeting of the Committee as intended in paragraph (1) upon deliberation to reach a consensus.
(3) in the case of discussion did not reach a consensus, the decision of the meeting of the Committee as intended in paragraph (2) was taken on the basis of the most votes.
CHAPTER VII ASSIGNMENT GIVERS LEGAL AID Article 32 (1) the Minister establishes a legal aid agency or organization that has been verified and accredited as a legal aid Givers. (2) the determination referred to in subsection (1) is poured in a certificate signed by the Minister.

Article 33 Assignment as the giver of Aid applicable for a period of 3 (three) years counted from the date set.

Article 34 Assignment of legal aid Givers announced through print media and/or electronic media.

Article 35 (1) a certificate referred to in Article 32 are valid for a period of 3 (three) years and can be extended.
(2) the filing of a petition for the extension of the certification can be done at least 2 (two) months before the expiry of the validity period of the certificate.
(3) the submission of the application referred to in subsection (2) is considered as an application for verification and accreditation back.
Article 36 (1) the certificate referred to in Article 35 may be revoked if the giver of the legal aid legislation violates these terms. (2) the revocation of a certificate as referred to in subsection (1) is done by the Minister.
(3) legal aid Givers as referred to in paragraph (1) may file an objection to the Minister with the reason and evidence.
CHAPTER VIII REPORTING FUNDING of article 37 (1) of the legal aid agency or organization is obliged to report grants, contributions, and/or other funding sources are legitimate and not binding which has owned at the time of application for verification and Accreditation.
(2) grants, contributions, and/or other funding sources are valid and binding as referred to in paragraph (1) are listed in the plan of legal aid program.
(3) the Format of the legal aid program plan as referred to in paragraph (2) are listed in the annex which is an integral part of part of the regulation of the Minister.
Article 38 the funding necessary for the implementation of the tasks of the Committee charged to the budget of the Ministry for the implementation of the Checklist which organizes the Affairs of Government in the field of law and human rights and/or other funding sources are legitimate and are not binding.

CHAPTER IX TRANSITIONAL PROVISIONS Article 39 (1) at the time of this Ministerial Regulation went into effect, legal aid institutions or organizations that are not yet status as legal entities referred to in article 12 letter a, fixed verification and accreditation.
(2) the Status of a legal entity for legal aid institutions or organizations referred to in subsection (1) must be met for a period of not longer than 2 (two) months from the date of announcement of the implementation of the verification and Accreditation referred to in article 11.
CHAPTER X the CLOSING PROVISIONS article 40 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 February 6, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Enacted in Jakarta on February 8, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn222-2013lamp fnFooter ();

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