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Back NEWS REPUBLIC of INDONESIA No. 436, 2012 RULES the INSTITUTION of WITNESS PROTECTION and VICTIM number 1 in 2012 on the IMPLEMENTATION of the INVESTIGATION with the GRACE of GOD ALMIGHTY the CHAIRMAN of WITNESS PROTECTION and VICTIM INSTITUTION, Considering: a. that in order to get accurate information and analysis as well as socially, witness protection and Victim protection petition can follow up by doing a deepening of information;
b. that law No. 13 of 2006 on the protection of witnesses and Victims have not set explicitly the provisions of deepening information or investigation upon the recommendation and the application for protection of witnesses and victims of crime;
c. that based on considerations as referred to in letter a and letter b need to establish regulatory Agencies about Victims and witness protection procedures for the implementation of the Investigation;
Remember: 1. Act No. 13 of 2006 on the protection of witnesses and Victims (State Gazette of the Republic of Indonesia year 2006 Number 64, an additional Sheet of the Republic of Indonesia Number 4635);
2. Rule number 6 in 2010 about the procedures for the grant of protection on the Protection of witnesses and victims (State Gazette of the Republic of Indonesia year 2010 Number 502);
3. Rule number 1 in 2011 about Guidelines Application Protection Services On the institutions of witness protection and Victim (Gazette of the Republic of Indonesia in 2011 Number 207);
Decide: define: REGULATION of the INSTITUTION of WITNESS PROTECTION and VICTIMS ABOUT the EXECUTION of INVESTIGATION.
CHAPTER I GENERAL PROVISIONS article 1 in this rule is: 1. Protection of witnesses and victims who subsequently abbreviated LPSK is the institution in charge and authorized to provide protection and the rights of witnesses and/or victims as provided for in Act No. 13 of 2006 on the protection of witnesses and victims.
2. The leadership of the institution of witness protection and victim is an element of the leadership of the Chairman and Vice Chairman of the yangmerangkap member.
3. Plenary meetings of the forum meeting is the highest decision-making for LPSK highest LPSK 4. The applicant is a person or group of people who apply for protection to LPSK.
5. The investigation is a series of activities to obtain data and information or description someone apply protection to the private conditions regarding the LPSK, circumstances or events of the law is closely related to the applicant.
6. the Investigator is any person who is given the authority to conduct the investigation.
7. application acceptance agency Unit of witness protection and victim who subsequently abbreviated UPP LPSK is LPSK work units responsible for the acceptance of the application for protection of the public or of an authorized officer and task force comprising staff and the Manager.
8. the task force unit of the acceptance of the application for protection of witnesses and victims who subsequently abbreviated satgas UPP LPSK is a task force the acceptance of the application for protection of the public or of an authorized officer, led by members of the LPSK and consists of experts and support staff LPSK 9. The collection of materials and keteranganadalah processes or activities conducted to uncover or collect facts, data, or the condition of the person and location in accordance with the scope of application for the case to be conducted an investigation.
10. Legislation is Act No. 13 of 2006 on the protection of witnesses and victims. 11. the day is a working day.
Article 2 this regulation aims to: a. set the procedures for implementation of the LPSK investigation.
b. be a reference task force in carrying out investigative LPSK UPP.
c. optimize quality of service protection to be implemented with a code of conduct in accordance with the legislation in force.
Article 3 principles in investigative: a. the recognition of the dignity and the dignity of human beings.
b. confidentiality is to ensure security and comfort for the applicant.
c. do not discriminate against religion, namely education, race, gender, social status, economic, types of cases faced by the applicant.
d. communicative and persuasive in interacting with the applicant in order that an atmosphere can be created during the process of data collection.
e. accountability i.e. all activities relating to the investigation can be accounted for.
CHAPTER II PROCEDURES for the PREPARATION and SUBMISSION of INVESTIGATION article 4 (1) task force UPP LPSK can apply for an investigation when still requires a deepening of information against the applicant and related institutions handling the matter. (2) deepening the information referred to in subsection (1) include the following: a. the results of the News of the proceedings (BAP);
b. the nature of the importance of testimony in the case;
c. summons police or Prosecutor's Office or court;
d. mail reports or information related to law enforcement; and e. a letter from the relevant agencies on the case;
(3) compulsory LPSK UPP task force coordinating with UPP LPSK regarding plans for the implementation of the investigation no later than 2 (two) days prior to the implementation of the investigation.
(4) the filing of a petition for a compulsory investigation proposed in writing to the leadership of the LPSK through LPSK UPP.
(5) the filing Suratpermohonan investigation as referred to in paragraph (1) contains at least: a. the registration number of the petition;
b. the date of receipt of the application;
c. applicant's identity or power of data and/or family;
d. jurisdiction of cases experienced by the applicant;
e. application to the desired type of service;
f. the identity of witnesses and/or victims who requested protection;
g. chronology or explanation of the fact that the applicant;
h. evidence and/or related documents;
i. review of the results of the task force on the importance of LPSK UPP to conduct investigations; and j. plan of activities that will be undertaken by the task force investigation LPSK UPP.
(6) in the event of the submission of the investigation conducted in the city, the petition for filing an investigation of at least fulfill the terms of the letter a to letter f as a provision in paragraph (2).
(7) the Application referred to in subsection (1) have included the approval of a minimum of three (3) members of the LPSK consists of Leadership, members of the task force in charge of the LPSK and UPP LPSK.
(8) after the approval of the application for an investigation referred to in subsection (1), LPSK UPP compulsory Force: a. forming the Investigative Team;
b. compose investigative planning; and c. perform coordination with related parties.
Article 5 (1) the establishment of the investigation team as mentioned in article 4 paragraph (2) letter a is carried out not later than three (3) days after the approval referred to in article 4 paragraph (1). (2) investigation team referred to in subsection (1) may consist of: a. task force in charge of the UPP LPSK;
b. implementing the Task Force UPP LPSK;
c. task force staff UPP LPSK;
d. Financial Affairs task force staff UPP LPSK; and e. officers and security escort.
Article 6 (1) the preparation of the planning of an investigation as referred to in article 4 paragraph (2) Letter bmeliputi: a. the Administration needs the implementation of the investigation;
b. the collection of documents and information;
c. a target of the investigation;
d. Division of tasks;
e. investigative strategies;
f. determination of the sources of information;
g. observation and survey the field;
h. a period; and i. report format.
(2) planning document investigation referred to in subsection (1) the mandatory approval task force in charge of the LPSK UPP.
Article 7 (1) the implementation of coordination as referred to in article 4 paragraph (2) Letter c includes the following Parties: a. the applicant related;
b. law enforcement related;
c. relevant agencies that are authorized; and d. medical and psychological services unit (if required).
(2) in respect of the implementation of coordination as referred to in paragraph (1), LPSK UPP task force required to send us a letter of petition for coordination no later than 3 (three) days prior to the implementation of the investigation.
CHAPTER III IMPLEMENTATION of INVESTIGATIVE article 8 (1) investigation team carry out the collection of the materials and information that is obtained through: a. come directly;
c. a written letter;
d. electronic mail (email);
e. facsimile; and f. the mass media.
(2) collection of material information conducted by the investigation team referred to in paragraph (1) aimed at: a. the digging data, facts and information field;
b. examine various initial data leading to a conclusion;
c. testing the validity of the initial data; and d. test accuracy.
Article 9 (1) in carrying out its task, the investigation team can conduct coordination with parties, among others: a. law enforcement agencies;
b. relevant agencies;
c. the applicant; and d. legal advisor or accompanying the applicant.
(2) the provisions on investigative techniques and implementation of investigation set in manual investigation.
Article 10 (1) implementation of investigation carried out the longest four (4) days or within a specific situation and condition can be extended according to your needs.
(2) in terms of the process of the investigation referred to in subsection (1) require additional or extra time, then do the investigation team in charge of coordination with the task force through the UPP LPSK by creating extension application letter addressed to the leadership of the LPSK.
Article 11 implementation Financing Investigation carried out under direction of Operational Activities DIPA LPSK fiscal year running.
Article 12 cancellation and Delay the investigation can only be made based on specific reasons with the approval of the leadership of the LPSK.
CHAPTER IV PREPARATION of the REPORT on Article 13 (1) a mandatory investigation team compile daily reports and the final report of the results of the investigation.
(2) the preparation of daily reports of the investigation was made at a time when every implementation of investigation and communicated to the responsible task force UPP LPSK related.
(3) the preparation of daily reports based on the investigation report format that has been specified in the manual on investigative LPSK.
Article 14 (1) the preparation of the final report of the results of the investigation not later than 5 (five) business days after the execution of investigation. (2) the final report on the results of the investigation made in paragraph 4 (four).
(3) the report referred to in subsection (2) is given to: a. leadership LPSK;
b. application acceptance unit LPSK; and c. task force unit admissions application LPSK as archives.
(4) a report referred to in subsection (2) is required is delivered as a treatise application discussed in the Plenary meeting of the LPSK.
(5) the drafting of the final report of the results of the investigation were made based on the format of the reports which have been set out in the manual of investigation LPSK.
Chapter V RESTRICTIONS and SANCTIONS Article 15 (1) investigation team is obligated to carry out the duties and responsibilities in accordance with the provisions of the discipline of employees who have been provided for in the Regulation No. 2 of 2009 LPSK about Discipline Officers (2) investigation team is obligated to comply with the code of ethics and conduct in the performance of duties and responsibilities in accordance with the provisions of the code of conduct which has been regulated in the regulations LPSK number 1 in 2009 about the code of ethics (3) the provisions concerning sanctions violations conducted investigation team referred to in paragraph (1) and paragraph (2) is conducted in accordance with the regulations of the LPSK About ethics, Employee Discipline and resolution of violations of the code of conduct and breach of discipline.
CHAPTER VI TRANSITIONAL PROVISIONS article 16 at the time of the enactment of this regulation, the regulatory provisions governing LPSK investigation stated remains valid along does not conflict with this regulation.
CHAPTER VII PROVISIONS COVER article 17 this Regulation comes into force from the date of promulgation.
In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the LPSK Republic Indonesia.
Established in Jakarta on 11 April 2012 CHAIRMAN INSTITUTION of WITNESS PROTECTION and victim, ABDUL HARIS SEMENDAWAI Enacted in Jakarta on 20 April 2012 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();