STATE NEWS
REPUBLIC OF INDONESIA
THE RULES OF THE REPUBLIC OF INDONESIA FINANCE MINISTER
NUMBER 158 /PMK.01/ 2012
ABOUT
LEGAL ASSISTANCE IN THE FINANCE MINISTRY ENVIRONMENT
WITH THE GRACE OF THE ALMIGHTY GOD
FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,
Weigh: a. that for order in the handling of Legal Aid outside the court and in matters or disputes in the face of the court concerning the Ministry of Finance, the Ministry of Finance has regulated the provisions of the Ministry of Finance in the Ministry of Finance. Finance Minister Regulation No. 77 /PMK.01/2008;
B. that the granting of Legal Aid services in the Finance Ministry environment requires a strong legal foundation to guarantee legal certainty and effectiveness of the Legal Aid services;
c. that the Financial Ministerial Regulation Number 77 /PMK.01/ 2008 on Legal Assistance in the Department of Finance Environment is already inadequate and needs to be adjusted to the development of laws so that it needs to be replaced
D. that based on consideration as referred to in the letter a, the letter b and the letter c need to establish the Financial Minister ' s Regulation on Legal Assistance in the Ministry of Finance Environment;
Given: Finance Minister Regulation Number 184 /PMK.01/ 2010 about the Organization and Finance Ministry ' s Work;
DECIDED:
Establish: FINANCIAL MINISTER ' S REGULATION ON LEGAL ASSISTANCE IN THE MINISTRY OF FINANCE ENVIRONMENT.
BAB I
UMUM CONDITIONS
Section 1
In Regulation of this Minister, referred to by:
1.Ministry is the Ministry of Finance.
2.Menteri/Former Minister is Finance Minister/Former Finance Minister.
The next 3 Deputy Ministers are abbreviated as Wamen/Former Wamen are Deputy Finance Minister/Former Vice Minister.
4.Pegawai is the Candidate for civil servants and civil servants in the Ministry environment.
5.Officials are the employees who are appointed in structural/functional positions in the Ministry environment.
6.Retired is an employee who has reached the retirement age limit according to the laws and is honed with respect as a clerk.
7.Former Employees are the ones who used to be employees in the Ministry environment who were discharged without retirement rights.
8.Unit is a unit of work organization in the Ministry environment.
9.Issue Law is a problem arising as a result of the implementation of the Ministry of Justice's duties and functions that lead to the proceedings, in the process of trial and after the court ruling.
10.Assistance Law is the awarding of legal services by the Ministry in addressing the Legal Issues.
BAB II
ASAS AND THE PURPOSE
Section 2
Legal assistance is exercised on the basis of justice principles, equality before the law, efficiency and effectiveness.
Section 3
Ministry of Law Assistance by the Ministry aims to ensure and fulfill the rights of the Unit, Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former Employees in obtaining the assistance of handling Legal Issues.
BAB III
SCOPE AND LAYOUT
LEGAL AID REQUEST
Section 4
The granting of Legal Assistance by the Ministry is given to the Unit, Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees in the Ministry environment who get the Legal Issue.
Section 5
(1) The Implementation Of Legal Assistance as referred to in Article 4 is exercised by the General Bureau of Secretariat General Assistance.
(2) To obtain Legal Assistance, Unit, Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees applying to the Bureau of Legal Assistance.
Section 6
Legal Assistance Handling consists of:
a. Legal Assistance Handlers that lead to the court process;
b. Handling Legal Assistance in the court process;
c. Legal Assistance Handlers after the court ruling.
BAB IV
GUIDELINES FOR IMPLEMENTATION OF LEGAL ASSISTANCE LEADING TO THE COURT PROCESS
The Kesatu section
Legal Assistance In The Process
Investigation/Criminal Investigation Service
Section 7
(1) Minister/former minister, wamen/former wamen, officials, employees, retirees and/or former employees who are requested by the caption/testimony as witnesses or experts in the investigation/investigation process by investigators/investigators can Get some legal help.
(2) Legal Assistance provided to the Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees as referred to in paragraph (1) are provided in terms of the caption/testimony of a related criminal offence with the duty of kedinasan in the Ministry and done at the concerned time is still status as Minister, Wamen, Officer or Employee.
(3) Minister/Former Ministers, Wamen/Former Wamen, Official, Employee, Retired and/or Former Employee Suspect did not obtain the Legal Assistance of the Ministry in the examination process at the inquiry level.
Section 8
Legal assistance as referred to in Article 7 of the paragraph (1) is performed by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
Section 9
(1) To obtain Legal Assistance, Minister/Former Minister, Wamen/Former Wamen, Officials, Employees, Retirees and/or Former employees applying to the Bureau of Legal Assistance in writing that contains at least a brief description The subject matter of the Law, which is required to provide Legal Aid and attach documents with respect to the Legal Issues.
(2) In certain terms, the request for Legal Assistance as referred to in paragraph (1) can be performed orally.
(3) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Aid Unit, then the request was delivered to the chief of the eselon II Unit that led to the Legal Aid Unit of the Unit eselon I referred to, with the gust of Law Aid Bureau.
Section 10
The granting of Legal Assistance as referred to in Article 7 of the paragraph (1) includes:
The legal counsel in particular regarding the rights and duties of the witness, expert or suspect in any stage of the examination by the inquiry/inquiry;
a b.a legal consultation with respect to the material of the criminal offence;
The c.understanding of the legal provisions of the criminal event that should be noticed by witnesses, experts or suspects;
d.Echement to the witness or expert in the presence of the inquiry/inquiry;
e.coordinating with the Unit or related agencies in preparing material for the benefit of the giving of the captions/magic;
Other things that are related to the granting of Legal Aid.
Section 11
(1) In regard to the Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees in charge of questioning/testimony and being outside the domicile investigation/investigators, then the Ministry provides the cost of travel to which It's in order to meet the investigation calls. Investigators.
(2) Further provisions on the financing of service trips as referred to in paragraph (1) are governed by the Regulation of Ministers.
The Second Part
Data Field Law Assistance, State Enterprise Enterprise,
Niaga, Religion, and Taxation
Section 12
A Unit, Minister/Former Minister, Wamen/Former Wamen, Officials, Employees, Retired and/or Former Employees who obtain the issue of civil law, state, business, religious, religious or taxation matters that are expected to pose a lawsuit through the body justice, it can obtain Legal Assistance.
Section 13
Legal assistance as referred to in Article 12 is performed by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
Section 14
(1) To obtain Legal Assistance, Unit, Minister/Former Minister, Wamen/Former Wamen, Officials, Employees, Retirees and/or Former employees apply to the Bureau of Legal Assistance in writing that contains at least a description a brief subject matter of the Law, which is concerned with the granting of Legal Assistance and attaching documents with respect to the Legal Issues.
(2) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Aid Unit, then the request was delivered to the leadership of the eselon Unit II who led the Legal Aid Unit of the Unit eselon I referred to, with the gust of Law Aid Bureau.
Section 15
Legal Assistance as referred to in Section 12 includes:
A.r. provides consulting and legal considerations of advice, study, advice and advice in the fields of civil law, state business, business, religious or taxation law that could potentially pose a lawsuit;
b.coordinates/completes via the path outside the court, among other mediation, conciliation or expert assessment.
BAB V
LEGAL AID HANDLING GUIDELINES
WHICH IS IN THE JUDICIAL BODY PROCESS
The Kesatu section
Legal Help
Criminal Case Check
Section 16
(1) Minister/Former Minister, Wamen/Former Wamen, Officials, Employees, Retired and/or Former employees who are asked as witnesses or experts in the examination process in case of criminal acts by the judicial body can obtain Legal aid.
(2) Legal Assistance provided to the Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees as referred to in paragraph (1) are provided in terms of the caption/testimony of a related criminal offence with duty kedinasan in the Ministry.
(3) Minister/Former Minister, Wamen/Former Wamen, Official, Employee, Retired and/or Former Employee Who Was A Defendant did not obtain the Legal Assistance of the Ministry.
Section 17
Legal assistance as referred to in Article 16 (1) is conducted by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
Section 18
(1) To obtain Legal Assistance, Minister/Former Minister, Wamen/Former Wamen, Officials, Employees, Retirees and/or Former employees applying to the Bureau of Legal Assistance in writing that contains at least a brief description The subject matter of the Law, which is required to provide Legal Aid and attach documents with respect to the Legal Issues.
(2) In certain terms, the request for Legal Assistance as referred to in paragraph (1) can be performed orally.
(3) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Aid Unit, then the request was delivered to the chief of the eselon II Unit that led to the Legal Aid Unit of the Unit eselon I referred to, with the gust of Law Aid Bureau.
Section 19
The granting of Legal Assistance as referred to in Article 16 of the paragraph (1) includes:
A. Legal advice in particular about the rights and obligations of witnesses or experts in the examination process at the judicial body;
a b.a legal consultation with respect to the material of the criminal offence;
The c.understanding of the legal provisions of the criminal event to be noticed by witnesses or experts;
d.atonement of a witness or expert on the judicial body;
e.coordinate with related Units or agencies in preparing material for the benefit of the testimony;
Other things that are related to the granting of Legal Aid.
The Second Part
Resolution Legal Assistance
Pre-Judicial Case
Section 20
(1) Legal assistance in the pre-trial process is provided to the Unit or Employee who faces a pre-judicial application as a pleas.
(2) The Ministry does not provide any pre-judicial Legal Assistance to the Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees who apply for pre-judicial applications against the Units and the Ministry.
Section 21
Legal assistance as referred to in Article 20 of the paragraph (1) is performed by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
Section 22
(1) To obtain Legal Assistance, the leadership of the Unit submits a request to the Legal Aid Bureau in writing that contains at least a brief description of the subject of the Law on the Law of Law on which the Law and Attaches Attach the Law and Attach document With regard to legal matters.
(2) In certain terms, the request for Legal Assistance as referred to in paragraph (1) can be performed orally.
(3) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Aid Unit, then the request was delivered to the chief of the eselon II Unit that led to the Legal Aid Unit of the Unit eselon I referred to, with the gust of Law Aid Bureau.
Section 23
Help of the Legal settlement of the pre-trial application as referred to in Article 20 of the paragraph (1) includes:
A.provide legal consultation and legal consideration of the rights and obligations of the please;
B.perform coordination with the Unit and related agencies in setting up the administration of the case that is being handled;
c.preparing the related document as evidence of a trial examination in court;
d.d. prepares a special power letter signed by the please and a duty letter signed by the Chief Legal Aid Bureau for the purposes of an event in court;
e.preparing and compiling answers, duplicates, evidence, witnesses and/or experts and conclusions required in the event of a court event;
Other things that are related to the granting of Legal Aid.
Third Part
Aid of Civil Code, Niaga, and Religious Justice
Section 24
(1) Unit, minister/former minister, wamen/former wamen, officers, employees, retirees and/or Former employees who obtain legal matters of civil law, business or religion that has been registered and processed through the judicial body can obtain Legal assistance is either as a cluster/sender/or are opposed/opposed/repelted.
(2) Help the Legal settlement of the civil, trade or religious matters granted to the Unit, Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former Employees as referred to in paragraph (1) related to the task The ministry of the Ministry.
Section 25
Legal assistance as referred to in Article 24 of the paragraph (1) is performed by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
Section 26
(1) To obtain Legal Assistance, Unit, Minister/Former Minister, Wamen/Former Wamen, Officials, Employees, Retirees and/or Former employees apply to the Bureau of Legal Assistance in writing that contains at least a description a brief subject matter of the Law, which is concerned with the granting of Legal Assistance and attaching documents with respect to the Legal Issues.
(2) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Aid Unit, then the request was delivered to the leadership of the eselon Unit II who led the Legal Aid Unit of the Unit eselon I referred to, with the gust of Law Aid Bureau.
Section 27
The granting of Legal Assistance as referred to in Article 24 of the paragraph (1) includes:
It provides legal consultation and legal consideration of the rights and obligations of the public or the dissenters/consants and issues that are the object of the matter;
B.perform coordination with the Unit and related agencies in setting up the administration of the case that is being handled;
c.setting up the related documents as evidence of the trial examination in court;
d.d. prepares special power mail in court for interest in court;
e.preparing a lawsuit or reply, replication or duplicity, proof, witness or expert and conclusion to the examination process in the first-degree trial;
f.submitting available legal efforts as set out in the provisions of the ruling that harms the Ministry;
Other things that are related to the granting of Legal Aid.
The Fourth Part
Resolution Legal Assistance
State Business Governance case
Section 28
(1) The Ministry provides Legal Assistance in the handling of the country ' s governance matters to:
a. Minister, Unit-led or Acting Officer facing the country ' s corporate governance lawsuit as being sued;
B. Minister, leader of the Unit or Acting Officer as a plaintiff in its position as the legal entity of the data;
C. Minister, leader of the Unit or Acting Officer as an intervention applicant.
(2) Legal assistance is not provided to the Minister/Former Minister, Wamen/Former Wamen, Employees, Retirees and/or Former employees who file a state business order suit against the Ministry.
(3) The assistance of the Legal settlement of the country's business order granted to the Minister, leader of the Unit or Acting as referred to in paragraph (1) is related to the task of the Ministry of the Ministry.
Section 29
Legal assistance as referred to in Article 28 of the paragraph (1) is performed by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
Section 30
(1) To obtain Legal Assistance, Unit leadership or Officers apply to the Bureau of Legal Assistance in writing that contains at least the subject of a brief subject matter of the Law issue, which is required to provide Legal Aid and attach documents with respect to the Legal Issues.
(2) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Aid Unit, then the request was delivered to the leadership of the eselon Unit II who led the Legal Aid Unit of the Unit eselon I referred to, with the gust of Law Aid Bureau.
Section 31
The granting of Legal Assistance as referred to in Article 28 of the paragraph (1) includes:
It provides legal consultation and legal consideration of the plaintiff's rights and obligations, to be sued or the applicant intervening for the issue of the case;
B.perform coordination with related Units or agencies in preparing the administration of the case that is being handled;
c.setting up the related documents as evidence of the trial examination in court;
d.d. prepares special power mail in court for interest in court;
e.preparing a lawsuit or reply, a replik or duplicates, evidence, witness and/or expert, and the conclusion to the examination process in the first-level judiciary;
f.submitting available legal efforts as set out in the provisions of the ruling that harms the Ministry;
Other things that are related to the granting of Legal Aid.
The Fifth Part
Resolution Legal Assistance
Materiil Test Request
Section 32
(1) The unit facing the application of the bill ' s materiel test in the Constitutional Court and the application of the statute of materiel under the legislation in the Supreme Court can obtain Legal Assistance.
(2) The legal assistance of the completion of a material test is provided against the application of a material test of the provisions of the Ministry of Duty.
(3) Without the written permission of the Minister, the Ministry does not provide the Law for the Legal Aid of a material test to the Minister, Wamen and Employees who apply for a material test application as a petitioner.
Section 33
Legal assistance as referred to in Article 32 of the paragraph (1) is performed by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
Section 34
(1) To obtain Legal Assistance, the leadership of the Unit submits a request to the Legal Aid Bureau in writing that contains at least a brief description of the subject of the Law on the Law of Law on which the Law and Attaches Attach the Law and Attach document With regard to legal matters.
(2) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Aid Unit, then the request was delivered to the leadership of the eselon Unit II who led the Legal Aid Unit of the Unit eselon I referred to, with the gust of Law Aid Bureau.
Section 35
The granting of Legal Assistance as referred to in Article 32 of the paragraph (1) includes:
a. provide legal consultation and legal considerations regarding issues that are objects of a material test;
B. conduct coordination with Units in the Ministry and the agencies outside the Ministry in order to prepare the administration of the case and the completion of the treatment of the material test application;
c. preparing documents related as evidence, witnesses and/or experts to check in the judicial body;
D. setting up a power letter, that is:
1. Minister substitution letter to the Secretary General and the leadership of the related eselon Unit I, in terms of the application of a material test of the legislation in the Constitutional Court;
2. Ministerial substitution letter to the Secretary General and the leadership of the related eselon Unit, in the event of a material test application for the Government Regulation in the event of an event in the Supreme Court;
3. Special order of the Minister in terms of a material test application for the Minister ' s Ordinance to the event of an event at the Supreme Court;
4. Special power letter led by Unit eselon I in the event of a material test for the rule of Unit eselon I in the event of an event in the Supreme Court.
e. prepare the drafting of the Government for the Government or the Answer Answer;
f. Other things that are related to the granting of Legal Aid.
Units facing a taxation dispute may obtain Legal Assistance.
The help of the Law as referred to in Article 36 is conducted by the Bureau of Legal Assistance and/or Unit eselon I with the Legal Aid Unit.
(1) To obtain Legal Assistance, the head of the Unit submits a request to the Bureau of Legal Assistance in writing that contains at least the subject of the brief subject matter of the Law issue, which the Legal Aid is to provide and in the case of the Law. attach documents with respect to the Legal Issues.
(2) In the event of a Legal Aid request submitted to Unit eselon I who has a Legal Assistance Unit, then the request was delivered to the leadership of the eselon II Unit that led to the Legal Assistance Unit of the Unit eselon I referred to, With the Bureau of Legal Aid.
(1) The Ministry provides the Help of Legal handling of other matters contained in judicial institutions set up in the laws.
(2) Legal Assistance as referred to in Article 40 paragraph (1) is conducted by the Legal Aid Bureau.
The court ruling that has a fixed legal force is the ruling as referred to in the Act No. 14 of 1985 as amended by Law No. 3 of 2009 On the Supreme Court.
The implementation of a law-force ruling ruling can only be processed further by the Ministry after receiving a letter of reprimand
of a judicial institution and received approval of the ruling as well as the already approved by the authorized Officer.
(1) In terms of a judicial ruling that has a fixed legal force cannot be exercised by the Ministry (non executable), the Bureau of Legal Assistance and/or the head of the Unit convees the reason to the court about not being able to It's what the verdict is about.
(2) The delivery of the reason as referred to in verse (1) may be written or written using the old special power letters or new special powers of the letter when necessary.
(1) Minister/Former Minister, Wamen/Former Wamen, Officials, Employees, Retired and/or Former employees who are not proven to commit a criminal offence based on a court ruling that has had a fixed legal force, is mandatory Rehabilitated by the restoration of the right and or the dignity in question.
(2) Rehabilitation as referred to in paragraph (1), is processed by means in accordance with applicable laws and is coordinated with the Legal Aid Bureau.
(1) Rehabilitation as referred to in Article 44, including the granting of assistance to the settlement of legal matters in criminal cases.
(2) The Ministry will provide the assistance of the resolution of legal matters to the Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees who use the services of an advocate with the provisions as following:
a. is not proven to be a suspect based on the Investigator Termination Warrant (SP3) by Investigator;
B. not to be submitted for the termination of the Prosecution Termination or the General Prosecuting Letter of the Termination of the Charges;
c. not found guilty based on a fixed law-force court ruling.
(3) Further provisions of the terms, requirements and magnituation of the cost of the settlement of the legal problem in criminal cases are governed by the Minister's Ordinance.
(1) The Ministry may use the State Attorney's Attorney and/or advocate for the legal matters of data, business, country business, taxation disputes and/or materiel test applications as long as obtaining written permission from Minister.
(2) The written permission of the Minister as referred to in paragraph (1) is submitted to the Minister and its envoy is delivered to the Legal Aid Bureau.
(3) The order of procurement procedures and procedures referred to in paragraph (1) is exercised in accordance with the laws.
(1) Legal assistance executed by Unit eselon I must be coordinated and notified to the Bureau of Legal Assistance.
(2) The unit of eselon I which provides the Legal Assistance must submit a report of the Legal Assistance handling activities to the Legal Aid Bureau every 4 (four) months.
(3) Further provisions on the manner and coordination of the handling of Legal Assistance between the Legal Aid Bureau with the Unit of the eselon I which has a Legal Assistance Unit is set up by a joint decision between the Secretary General with the Unit eselon I is associated.
In carrying out Legal Aid handling, the Legal Aid Bureau may cooperate with advocates, academics and practitioners both in the law and other fields of science.
(1) In order to anticipate, avoid and address the occurrence of the Law Issue needs to be intensively coaching and continuous.
(2) Coaching as referred to in paragraph (1) is conducted in the form of counseling, socialization, education and training as well as dissemination of legal information and laws.
(3) Coaching as referred to in paragraph (1) is carried out by the Bureau of Legal Assistance and/or Unit eselon I which has a Legal Aid Unit.
(4) In order of legal coaching, the Bureau of Legal Assistance and/or Unit eselon I who have a Legal Assistance Unit can invite informants from academia, bureaucracy, officials and individuals, who are competent in their field. which is derived from the Ministry's environment and/or outside the Ministry.
The costs required for the implementation of the Regulation of the Minister are charged on the State Revenue and Shopping Budget (APBN) Ministry.
(1) Any provision of Legal Assistance carried out by the Legal Aid Bureau should be supplemented with a duty letter from the Chief Legal Aid Bureau.
(2) Against the Law Assistance provided by Unit eselon I which has a Legal Aid Unit must be equipped with a Duty Letter from the unit of eselon II that has led to the Legal Aid Unit.
(1) The State-Owed Business Agency may request Legal Assistance to the Ministry of Legal Assistance of the Ministry along the Legal Issues faced with respect to the field of principal tasks and functions of the Ministry.
(2) Other parties other than the Minister/Former Minister, Wamen/Former Wamen, Officials, Personnel, Retired and/or Former employees may be granted Legal Aid throughout helping the execution of the Ministry ' s functions and duties and after obtaining written consent from the Minister first.
Unit eselon I which has a Legal Aid Unit can draw up the rules/guidelines for the implementation of Legal Aid by guidelines on the Regulation of this Minister.
At the time this Financial Minister Regulation came into effect, the Finance Minister Regulation No. 77 /PMK.01/ 2008 on Legal Assistance in the Department of Finance Environment was revoked
and stated does not apply.
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.
