Regulation Of The Minister Of Finance Number 158/fmd. 01/2012 Year 2012

Original Language Title: Peraturan Menteri Keuangan Nomor 158/PMK.01/2012 Tahun 2012

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Back NEWS REPUBLIC of INDONESIA No. 1023, 2012 RULES the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 158/FMD. 01/2012 ABOUT LEGAL AID in the ENVIRONMENT MINISTRY of FINANCE with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that to order in handling legal aid outside the Court as well as in litigation or disputes in advance of the courts concerning the Ministry of Finance has set conditions concerning legal assistance in the Environment Ministry of finance in the regulation of the Minister of finance Number 77/FMD. 01/2008;
b. that the granting of legal aid services in the Environment Ministry of finance require a strong legal basis to guarantee legal certainty and effectiveness of the services of legal aid;
c. that the regulation of the Minister of finance Number 77/FMD. 01/2008 about legal aid in the Environment Department of finance is no longer adequate and needs to be adapted to the development of the legislation so that needs replacing d. that based on considerations as referred to in letter a, letter b and c need to set a regulation of the Minister of Finance on legal aid in the Environment Ministry of finance;

Remember: the regulation of the Minister of finance Number on 195/FMD. 01/2010 about the Organization and the work of the Ministry of Finance;

Decide: define: REGULATION of the MINISTER of FINANCE on LEGAL AID in the ENVIRONMENT MINISTRY of FINANCE.

CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. The Ministry is the Ministry of finance.

2. Minister/former Minister was Finance Minister/Former Minister of finance.
3. Deputy Minister which further shortened Wamen/Former Deputy Finance Minister was Wamen/former Vice Minister. 4. Employees are Prospective civil servants and civil servant in the Ministry of environment.

5. the Employee is Acting in his structural/functional in the Environment Ministry.
6. the Retirees are employees who have reached retirement age according to the regulations and dismissed with respect as employees.
7. A former Employee is a person who had been a clerk in the Ministry of environment was dismissed without pension rights. 8. The Unit is a unit of organization of the work of the Ministry.
9. The legal problems are problems that arise as a result of the implementation of the duties and functions of the Ministry both leads to court proceedings, is in the process of the Court or after the Court ruling. 10. Legal aid is the granting of legal services by the Ministry in dealing with legal issues.
CHAPTER II the BASIS and PURPOSE of article 2 of the legal aid is implemented based on the principle of fairness, the similarities before the law, efficiency and effectiveness.

Article 3 the granting of legal aid by the Ministry aims to ensure and fulfill legal rights Unit, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees in the get help handling legal matters.

CHAPTER III SCOPE and HOW to REQUEST LEGAL AID article 4 granting of legal aid is given to the Unit by the Ministry, the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or former employees in the environment ministries get legal trouble.

Article 5 (1) the implementation of legal aid as referred to in article 4 held by the legal aid Bureau of the Secretariat-General.
(2) to obtain legal assistance, units, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees apply to the legal aid Bureau.
Article 6 Handling legal aid consists of: a. the handling of legal assistance that leads to court proceedings;

b. Handling legal aid in court proceedings;

c. Handling legal aid after the Court ruling.
CHAPTER IV LEGAL AID IMPLEMENTATION GUIDELINES that LEAD to COURT PROCEEDINGS is considered Part of legal aid in the process of inquiry/Investigation criminal offence article 7 (1) the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former employee who requested information/testimony as a witness or expert in the process of inquiry/investigation in criminal acts by investigators/investigators can obtain legal aid.
(2) legal aid is given to the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employee referred to in subsection (1) is given in terms of the description of a witness/criminal acts associated with the task limited in the Ministry and conducted at the time in question as a Minister, still a Wamen, officials or employees.
(3) the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Officers are suspects did not receive legal assistance from the Ministry in the inspection process at the level of investigation.
Article 8 legal assistance referred to in article 7 paragraph (1) is carried out by the legal aid Bureau and/or Unit echelons I have legal aid Unit.

Article 9 (1) to obtain legal aid, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) in some cases, requests for legal assistance referred to in subsection (1) may be made orally.
(3) in the case of application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 10 granting of legal aid as referred to in article 7 paragraph (1) includes the following: a. legal advice in particular on the rights and obligations of a witness, expert or a suspect in every stage of examination by investigators/investigators; b. legal consultation related to the material a criminal offence;

c. understanding the provisions of the law of criminal procedure that must be observed by the witness, expert or suspect;

d. accompaniment to a witness or expert before the investigator/investigators;
e. coordinate with units or related institutions in preparing the material for the purposes of the giving of the information/testimony; f. other matters relating to the grant of legal aid.
Article 11 (1) in the case of the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees asked for a description of/testimonials and is outside the domicile investigator/investigators, then the Ministry gives the travel costs to the Department in question in order to meet the calls investigators/investigators.
(2) the provisions on the financing of the travel agency referred to in subsection (1) is controlled by a regulation of the Minister.
The second part of legal aid in civil Fields, The State, Commerce, religion, and taxation article 12 units, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or former employees who get problem areas of civil law, the State, Commerce, taxation or religion are supposedly will give rise to a lawsuit through the judiciary, may obtain legal aid.

Article 13 legal assistance referred to in article 12 is carried out by the legal aid Bureau and/or Unit echelons I have legal aid Unit.

Article 14 (1) to obtain legal assistance, units, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) in the case of application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 15 Granting legal assistance referred to in article 12 include: a. providing consultation and consideration of the law in the form of giving of opinions, reviews, advice and suggestions in the field of civil law, the State, Commerce, religion or taxation which could potentially give rise to a lawsuit;
b. coordinating/complete through lines outside the Court, among other things, mediation, conciliation or expert judgement.
Chapter V LEGAL AID HANDLING GUIDELINES are in the PROCESS of JUDICIAL BODIES is considered part of the legal aid Criminal Proceedings article 16 (1) the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or former employees who asked for a description of/testimony as a witness or expert in the process of case examination in criminal acts by judicial bodies can obtain legal aid.
(2) legal aid is given to the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employee referred to in subsection (1) is given in terms of the description of a witness/criminal acts associated with the task limited in the Ministry.
(3) the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or former employees status as the defendant did not receive legal assistance from the Ministry.
Article 17 legal aid referred to in article 16 (1) conducted by the Bureau of legal assistance and/or Unit echelons I have legal aid Unit.

Article 18

(1) for obtaining legal aid, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) in some cases, requests for legal assistance referred to in subsection (1) may be made orally.
(3) in the case of application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 19 the granting of legal assistance referred to in article 16 paragraph (1) includes the following: a. legal advice in particular on the rights and obligations of a witness or expert in the inspection process in the judiciary;

b. legal consultation related to the material a criminal offence;

c. understanding the provisions of the law of criminal procedure that must be observed by the witness or expert;

d. facilitation of witnesses or experts in judicial bodies;

e. coordinate with units or related institutions in preparing the material for the benefit of the testimony;

f. other matters relating to the grant of legal aid.
The second part of legal aid Lawsuit Pre Settlement Judiciary article 20 (1) legal assistance in judicial process provided to units or Employees who are facing judicial pre-trial application as a respondent.
(2) the Ministry does not provide legal assistance to the Ministry of justice are pre/former Minister, former Wamen Wamen, officials, employees, retirees and/or former employees who apply for a pre trial against Units and ministries.
Article 21 legal aid as referred to in article 20 paragraph (1) is carried out by the legal aid Bureau and/or Unit echelons I have legal aid Unit.

Section 22 (1) to obtain legal aid, head of Unit to apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) in some cases, requests for legal assistance referred to in subsection (1) may be made orally.
(3) in the case of application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 11 legal aid application completion of pre trial as stipulated in article 20 paragraph (1) includes the following: a. provide legal consultation and legal considerations regarding the rights and obligations of the respondent;
b. performing Unit and coordination with relevant agencies in setting up administrative matters that are being dealt with; c. prepare related documents as material evidence examination proceedings in court;
d. setting up a special power of attorney signed by the respondent and a letter of assignment signed by the head of the Bureau of legal aid for purposes of beracara in court;
e. prepare and draw up an answer, duplik, evidence, witnesses and/or expert and the conclusions required in beracara in court; f. other matters relating to the grant of legal aid.
The third part of legal aid in civil, Commercial Areas, and religious courts section 24 (1) Unit, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or former employees who obtain legal issues areas of law civil, commercial or religious who have registered and processed through the judicial bodies can get legal aid both as plaintiffs/contrarian/protestors nor the defendants/unchallenged/flawed.
(2) legal aid in civil matters completion, commerce or religion which was given to the Unit, the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employee referred to in subsection (1) is related to the limited tasks of the Ministry.
Article 25 legal assistance referred to in Article 24 paragraph (1) is carried out by the legal aid Bureau and/or Unit echelons I have legal aid Unit.

Article 26 (1) to obtain legal assistance, units, Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) in the case of application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 27 the granting of legal aid as referred to in article 24 paragraph (1) includes the following: a. provide legal consultation and legal considerations regarding the rights and obligations of the plaintiff/contrarian/protestors nor the defendants/unchallenged/dispute and issues that become the objects of things;
b. performing Unit and coordination with relevant agencies in setting up administrative matters that are being dealt with; c. prepare related documents as material evidence examination proceedings in court;

d. setting up a special power of attorney to the benefit beracara in the courts;
e. prepare a lawsuit or answer, replik or duplik, evidence, witnesses or experts and the conclusion to proceedings in the courts of first instance;
f. filing a remedy which is available as set forth in the provisions of the legislation over the adverse ruling of the Ministry; g. other matters relating to the grant of legal aid.
The fourth part legal aid Lawsuit Settlement The State of article 28 (1) the Ministry provides legal assistance in the handling of administrative matters of State to: a. the Minister, head of Unit or officials who faced a lawsuit the State as defendants;

b. the Minister, head of the Unit or the acting as the plaintiff in his position as the body of civil law;

c. the Minister, head of Unit or official of the applicant as an intervention.
(2) legal aid is not granted to the Minister/former Minister, former Wamen Wamen, employees, retirees and/or former employees filed a lawsuit against the Ministry.
(3) legal aid lawsuit settlement the State given to the Minister, the leadership of the Unit or Officer referred to in subsection (1) is related to the limited tasks of the Ministry.
Article 29 legal aid as referred to in article 28 paragraph (1) is carried out by the legal aid Bureau and/or Unit echelons I have legal aid Unit.

Article 30 (1) to obtain legal aid, head of Unit or Officials apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) In the matter of the application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 31 the granting of legal aid as referred to in article 28 paragraph (1) includes the following: a. provide legal consultation and legal considerations regarding the rights and obligations of plaintiffs, defendants or the applicant's intervention over the issue that became the object of case;
b. do the coordination with units or related institutions in setting up administrative matters that are being dealt with; c. prepare related documents as material evidence examination proceedings in court;

d. setting up a special power of attorney to the benefit beracara in the courts;
e. prepare a lawsuit or answer, replik or duplik, evidence, witnesses or experts, and the conclusion to the process of judicial examination in the first instance;
f. filing a remedy which is available as set forth in the provisions of the legislation over the adverse ruling of the Ministry; g. other matters relating to the grant of legal aid.
The fifth section of the legal aid Application Resolution Materially Test of article 32 (1) of the Unit test application facing material laws on the Constitutional Court and the application for judicial review of statutory testing under the law in the Supreme Court can obtain legal aid.
(2) the legal aid application completion test material given to statutory provisions material test application related areas tasks the Ministry.
(3) without the written permission of the Minister, the Ministry does not provide legal aid application for the test material to the Minister, the Clerk and Wamen apply test material as applicant.
Article 33 the Legal Assistance referred to in Section 32 subsection (1) is carried out by the legal aid Bureau and/or Unit echelons I have legal aid Unit.

Article 34 (1) to obtain legal aid, head of Unit to apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) in the case of application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 35 the granting of legal aid as referred to in section 32 subsection (1) include the following: a. provide legal consultation and legal consideration about problems that become the objects of application for test material;

b. do the coordination with units in Ministries and agencies outside the Ministry in order to prepare the lawsuit and settlement administration handling of the application for the test material; c. prepare related documents as evidence, witnesses and/or expert to examination in the judiciary;
d. prepare a power of Attorney, namely: 1. the power of attorney to the Minister Secretary General of the substitution and the leadership Echelon Unit I related, in terms of the application of the test material in the law on the Constitutional Court;
2. substitution of Attorney Minister told the Secretary General and the head of Unit echelons I related, in terms of the application of the test material over government regulation to the process of beracara in the Supreme Court;
3. special power of Attorney of the Minister in the event the petition for a test materially over the regulation of the Minister in order to process beracara in the Supreme Court;
4. special power of Attorney-led Echelon Unit I in terms of the application of the test material over rules the leadership Echelon Unit I to beracara process in the Supreme Court. e. prepare the drafting of the Government's Information or Answer the petition;

f. other matters relating to the grant of legal aid.
The sixth part of the dispute resolution Law Taxation Relief Article 36 Units are facing a tax dispute can obtain legal aid.

Article 37 as legal assistance referred to in article 36 committed by the legal aid Bureau and/or Unit echelons I have legal aid Unit.

Article 38 (1) in order to obtain legal aid, head of Unit to apply to the legal aid Bureau in writing that contains at least a brief description regarding the principal legal issues that appealed the grant of legal aid and attaching a document that deals with legal issues.
(2) in the case of application for legal aid submitted to Echelon Unit I the had legal aid Unit, then the petition is submitted to the leadership Echelon II Unit: the Unit of the legal aid Unit echelons I mentioned, legal aid Bureau with copy.
Article 39 the grant of legal aid as referred to in article 36 includes the following: a. provide legal consultation and legal consideration about problems that become the objects of taxation disputes;
b. performing Unit and coordination with relevant agencies in setting up administrative matters that are being dealt with; c. prepare related documents as material evidence examination proceedings in the tax court;

d. setting up a special power of attorney to the interests of the beracara in the tax court;
e. prepare answers, duplik, evidence, witnesses and/or expert and conclusion to proceedings in the tax court;
f. filing a remedy which is available as set forth in the provisions of the legislation over the adverse ruling of the Ministry;
g. other matters relating to the grant of legal aid.
The seventh section of legal aid Other Things kind of Completion of article 40 (1) of the Ministry of Law handling provides assistance in other matters on the judiciary are regulated in the legislation.
(2) legal assistance referred to in article 40 paragraph (1) is carried out by the legal aid Bureau.
CHAPTER VI HANDLING LEGAL AID GUIDELINES AFTER the COURT RULING which HAS a MAGNITUDE of LAW REMAINS Part of the Ordinance is considered the implementation of court rulings that have A Fixed Law Court ruling which had a magnitude of the law still is ruling as referred to in Act No. 14 of 1985 as amended by Act No. 3 of 2009 About the Supreme Court.

Article 42 implementation of the ruling of the matter that has been a law can only be further processed by the Ministry after receiving a letter of reprimand (aanmaning) from a judiciary and a verdicts as well as implementation of approval have been approved by the competent authority.

Article 43 (1) in terms of the Court ruling which has a magnitude of law still could not be carried out by the Ministry of (non-executable), legal aid Bureau and/or direction of the Unit delivered the reasons of the courts regarding not unsettled the ruling in question.
(2) the delivery of the reasons referred to in subsection (1) may be made orally or written using a special power of Attorney letter of both the old and new special power when needed.
The second part of rehabilitation Article 44 (1) the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or former Employees that are not proven to perform criminal acts on the basis of a court ruling had the force of law, the compulsory recovery of rights and be rehabilitated or dignity are concerned.
(2) Rehabilitation mentioned in paragraph (1), tiered processed in accordance with the provisions of legislation in force and coordinated with the legal aid Bureau.
Article 45 (1) the rehabilitation referred to in Section 44, including grant settlement fee legal issues in criminal cases.
(2) the Ministry shall provide assistance a settlement fee legal issues to the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or former employees who use the services of an advocate with the following conditions: a. not proven as a suspect based on Warrant Termination of investigation (SP3) by Investigators;

b. no penuntutannya filed on the basis of a letter of determination of the termination of the prosecution or determination of the termination of the Litigation by the public prosecutor;

c. not proven guilty verdict based on the magnitude of the law anyway.
(3) further Provisions regarding the procedures, requirements and help magnitude of settlement fee legal issues in criminal cases is governed by regulation of the Minister.
CHAPTER VII cooperation, coordination, GUIDANCE and LEGAL AID FINANCING is considered part of the country's Lawyers and Prosecutors Use an advocate of article 46 (1) the Ministry may use Attorney State Attorney and/or advocate for legal issues areas of civil, commercial, administrative State, disputes of taxation and/or test material application all get written permission from the Minister.
(2) the application for written consent of the Minister referred to in subsection (1) is submitted to the Minister and tembusannya submitted to the legal aid Bureau.
(3) Ordinances and procedures procurement advocate referred to in subsection (1) is carried out in accordance with the legislation.
The second part of coordination, Cooperation and the construction of legal aid Article 47 (1) legal aid administered by the Unit of Echelon I should be coordinated and notified to the legal aid Bureau.
(2) units of Echelon I provide legal assistance must submit a report of the activity of handling legal aid to legal aid Bureau every four (4) months.
(3) further Provisions regarding the procedures for handling legal aid and coordination between legal aid Bureau with Echelon I have legal aid Unit set up in a joint decision between the Secretary General of the Unit with the leadership Echelon I related.
Article 48 in the handling of legal aid, legal aid Bureau to working with advocates, academics and practitioners both in law or other fields of science.

Article 49 (1) in order to anticipate, avoid and overcome legal problems to do an intensive and continuous coaching.
(2) the construction referred to in subsection (1) is conducted in the form of counseling, socialization, education and training as well as the dissemination of legal information and laws and regulations.
(3) the construction referred to in subsection (1) is carried out by the legal aid Bureau and/or Unit echelons I have a Unit of legal aid.
(4) in the framework of the construction law, the legal aid Bureau and/or Unit echelons I have legal aid Unit can invite a speaker from among academics, bureaucracy, officials as well as individuals, who are competent in their field that comes from the Environment Ministry and/or outside the Ministry.
Article 50 the cost of financing required for the implementation of this regulation of the Minister charged on the income and Expenditure Budget of the State (STATE BUDGET) Ministry.

CHAPTER VIII OTHER PROVISIONS of article 51 (1) any grant of legal aid conducted by the legal aid Bureau should come with a letter of assignment from the legal aid Bureau Chief.
(2) against the legal assistance given by Unit echelons I have a Unit of legal aid must come from the leadership of the Task Unit Letter Echelon II: legal aid Unit.
Article 52 (1) State-owned enterprises can ask legal aid to legal aid Bureau of the Ministry of all the legal problems encountered related to the field of basic tasks and functions of the Ministry.
(2) any other party besides the Minister/former Minister, former Wamen Wamen, officials, employees, retirees and/or Former Employees can be granted legal assistance throughout the implementation of functions and tasks of the Ministry and after obtaining written consent of the Minister in advance.
Article 53 Echelon Unit I have a Unit of legal aid can develop rules/guidelines the granting of legal assistance with implementation based on ministerial regulation.

CHAPTER IX PROVISIONS COVER Article 54 of the financial regulation of the Minister at the time it came into force, the regulation of the Minister of finance Number 77/FMD. 01/2008 about legal aid in the Environment Department of finance revoked and declared inapplicable.

Article 55 of 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 17 October 2012, MINISTER of FINANCE of REPUBLIC of INDONESIA, AGUS MARTOWARDOJO D.W. Enacted in Jakarta on 17 October the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA AMIR SYAMSUDDIN fnFooter ();

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