STATE NEWS
REPUBLIC OF INDONESIA
NATIONAL COMMISSION REGULATION OF HUMAN RIGHTS
REPUBLIC OF INDONESIA
NUMBER 002 /KOMNAS HAM/IX/2011
ABOUT
PROYUSTISIAN INQUIRY IMPLEMENTATION PROCEDURE
HEAVY HUMAN RIGHTS VIOLATIONS
WITH THE GRACE OF THE ALMIGHTY GOD
THE NATIONAL COMMISSION OF THE HUMAN RIGHTS REPUBLIC OF INDONESIA,
Weigh: a. that in accordance with the provisions as mentioned in Section 18 of the Law No. 26 of the Year 2000 concerning the Court of Human Rights, the National Commission on Human Rights has a function, a duty, and the authority to conduct an inquiry into violation of fundamental rights. The heavy human being;
B. that the National Commission on Human Rights can further govern the matters necessary for the agility of the exercise of function, duty, and authority in the field of proyustisia investigation of the heavy human rights violations;
c. that for agility and order in carrying out the authority as mentioned in the letter a and the letter b above, it needs to be regulated the Implementation Procedure Of The Proyustisia Violation Of Human Rights Violations;
D. that under consideration as mentioned in the letters a, b, and c above, it needs to be established the Regulation of the National Commission on Human Rights on the Implementation Procedure Of The Proyustisia Violation Of Heavy Human Rights Violations;
Remembering: 1. Law No. 8 Year 1981 on Criminal Event Law (State Sheet Indonesia Year 1981 Number 76, Additional Gazette Republic of Indonesia Number 3209)
2. Law No. 39 of 1999 on Human Rights (Sheet State Republic Of Indonesia In 1999 Number 165, Additional State Sheet Number 3886);
3. Law No. 26 Year 2000 on the Court of Human Rights (Sheet State Of The Republic Of Indonesia Year 2000 Number 208, Additional Leaf Of State Republic Of Indonesia Number 4026);
4. Act No. 16 of 2004 on the Prosecutor of the Republic of Indonesia (Indonesian Republic of Indonesia Year 2004 Number 67, Additional Gazette of the Republic of Indonesia Number 4401);
5. Law No. 13 Year 2006 on Witness Protection and Victims (State Sheet of Indonesia Year 2006 Number 64, Additional Gazette Republic of Indonesia Number 4635);
6. Act No. 3 Year 2009 on Second Change of Law Number 14 Year 1985 on Supreme Court (Sheet State Republic Indonesia Year 2009 Number 3, Additional Sheet Republic Of Indonesia Number 4958);
7. Act No. 48 of 2009 on the Power of Justice (Sheet State Of The Republic Of Indonesia In 2009 Number 157, Additional Leaf Of State Republic Of Indonesia Number 5076);
8. Indonesian Government Regulation No. 2 Year 2002 on the Order of the Protection of Victims and Witnesses in the Severe Human Rights Violations (State Sheet) 2002 Number 6, Additional Sheet Of State Republic of Indonesia No. 4171);
9. Indonesian Government Regulation No. 3 Year 2002 on Compensation, Restitution, and Rehabilitation Of Severe Human Rights Violations (State Sheet Of Indonesia 2004 Number 7, Additional Gazette Of The Republic Of Indonesia Indonesia Number 4172);
10. Indonesian Government Regulation No. 44 Year 2008 on Giving Compensation, Restitution, and Assistance to Witnesses and Victims (Sheets Of State Republic Of Indonesia 2008 Number 84, Additional Sheet Of State Republic Of Indonesia Number 4860);
11. Decree of the President of the Republic of Indonesia No. 31 Year 2001 on the Establishment of the Court of Human Rights at the Central Jakarta District Court, Surabaya State Court, Medan District Court, and Makassar State Court (State Gazette) Republic of Indonesia (2001) No. 19)
12. Decree of the Chairman of the National Commission on Human Rights Number 11 /KOMNAS HAM/IV/2008 dated 01 April 2008 on the Order of Human Rights Comnas;
13. Human Rights Comnas Regulation on the Code of Conduct 37A/KOMNASHAM/IX/2009;
14. Decree of the plenary session of the Human Rights Commission on 14 September 2011 in regard to the passage of the Procedure Procedure of the Proyustisia Violation of the Human Rights Act;
DECIDED:
Establish: REGULATION OF THE NATIONAL COMMISSION OF HUMAN RIGHTS ON THE PROCEDURE OF IMPLEMENTATION OF THE PROYUSTISIA INVESTIGATION OF SEVERE HUMAN RIGHTS VIOLATIONS.
BAB I
UMUM PROVISIONS
Section 1
In this Regulation, which is referred to:
1. Human Rights is a set of rights attached to the nature and existence of man as a creature of the Almighty God and is his obligatory gift, held high and protected by the state, the law, the government, and every one of the other. people for the sake of honor and protection and dignity of man.
2. Human rights violations are any act of a person or group of persons including state apparatus of either deliberate or unintentional or omission that is against the law of reducing, obstructing, restricting, and or revoking basic rights A person's human or group of people and does not get, or is feared not to obtain a fair and correct legal settlement, based on the legal mechanism applicable.
3. Heavy Human Rights Breach is a violation of human rights as referred to in Law Number 26 of the Year 2000 concerning the Court of Human Rights namely the crimes of genocide and crimes against humanity.
4. The crime of genocide is any act committed with the intent to destroy or exterminate all or part of a group of nations or race or ethnic groups or religious groups, in a manner as referred to in Article 8 Law Number 26 of the Year 2000 on the Court of Human Rights.
5. Crime against humanity is one of the acts committed as part of a widespread or systematic attack on which it is known that the attack was directed directly against the civilian population in a manner is referred to in Article 9 of the Law No. 26 of the Year 2000 concerning the Court of Human Rights.
6. The next Human Rights Court is referred to as the Court of Human Rights, which is a trial that specifically examines and encodes the case of heavy human rights violations which occurred after the enactment of Law No. 26 of 2000. about the Court of Human Rights.
7. Human Rights Court AdHocis a court special examining and conserving cases of heavy human rights violations that occurred before the enactment of Law No. 26 of the Year 2000 concerning the The Court of Human Rights.
8. The next National Commission on Human Rights is called for Human Rights (Komnas HAM) is a self-serving institution with other state institutions that serve to carry out studies, research, counseling, monitoring, and mediation of rights. Human rights.
9. The plenary session is the completion tool of the Komnas HAM that consists of all members of the Komnas HAM and is the highest authority holder of the Komnas HAM.
10. The Monitoring and Monitoring Subcommission is the applicency tool of the Human Rights Company and is responsible for carrying out the functions of the Komnas HAM in the field of monitoring and inquiry.
11. Member of the Komnas HAM is someone who was appointed a member of the Human Rights Commission under Law No. 39 of 1999 on Human Rights.
12. The complainants are any person or group of persons who submit a report of complaint to the eligible Human Rights Commission as set out in the laws.
13. The complaint is a notification and/or report delivered by a person or group of people to the Komnas HAM about having been or are being or alleged to be a violation of human rights.
14. Witness is the person who provided the information in the interest of monitoring or inquiry by the Human Rights Commission on the alleged events of human rights violations seen alone, experienced alone, or heard alone.
15. The victim is a person who experiences physical, mental and/or economic losses resulting from a severe human rights violation.
16. The alleged responsible party is a person who is due to his actions or circumstances based on evidence of the initial enough to be alleged to be a perpetrator of the heavy human rights violations.
17. Each person is an individual person, group of people, whether civil, military, nor a police officer responsible individually.
18. Expert is someone who has special expertise about the necessary things to make light/clear an event of severe human rights violations for the benefit of vetting.
19. Monitoring is a series of activities to collect and conduct verification of information in order to uncover issues related to human rights violations.
20. The investigation of the proyustisia is a series of investigative acts to seek and find there or not be an event that is alleged to be a heavy human rights violation in order to follow up with the investigation according to the investigation. provisions set in Act Number 26 of the Year 2000 concerning the Court of Human Rights.
21. Investigators are members and/or staff of the Komnas HAM as well as elements of the public who are authorized specifically by the legislation to conduct an investigation.
22. Associate investigators are the staff of the Komnas HAM and/or the elements of the society who are authorized specifically by the legislation to conduct an investigation.
23. Investigators are the Attorney General or an ad hoc investigator appointed by the Attorney General who is authorized specifically by the law to conduct the investigation.
24. The forced invocation (subpoena) is the invocation of a person committed by force with the help of the Chief Justice, as it does not meet the invocation of the Human Rights Commission after being done as a viable call. Laws.
25. Team ad hoc proyustisia inquiry is a team formed by the Plenary Session consisting of members and/or staff of the Human Rights Commission as well as the elements of society to conduct a proyustisia investigation of the heavy human rights violations that took place before and After the Law Number 26 Year 2000 on the Court of Human Rights.
26. Commencement of Notice of Implementation of the Investigation (SPDPP) is a letter of notice about the start of the investigation of the proyustisia of severe human rights violations of investigators to investigators.
27. Team ad hoc report hoc investigation of proyustisia human rights violations are the results of a proyustisia investigation compiled and issued by the ad hoc team investigating the proyustisia of heavy human rights violations and handed over to the plenary session The Commission as a form of responsibility for the investigation of the proyustisia of severe human rights violations is implemented.
28. The recommendation is the written opinion of the Komnas HAM which is presented to the relevant parties in connection with the alleged heavy human rights violations being handled by the Komnas HAM to be followed up by the recipient of the recommendation.
29. Home-proofing is an investigator 's action on an investigator' s order to enter the house of residence and other closed places to conduct an act of inspection and/or seizure.
30. The press is a series of acts of investigators on the orders of investigators to take over and/or store under the exclusion of moving objects or unmoving, tangible or intangible for the purposes of proving in the investigation, The investigation, the prosecution, and the judiciary.
31. Capable of a hand is caught by a person at the time of a severe human rights violation, or as soon as some severe human rights violations are committed, or shortly thereafter, a crowd is called a man of the world. Do it, or when a moment later, it was found that a very hard-looking object had been used to commit a severe human rights violation, which showed that he was the culprit or committed or helped to commit human rights violations. That's heavy.
32. The Investigator Order is the written order of investigators to the investigators to conduct a forced attempt in accordance with the laws of the human rights judicial event as set out in Law No. 26 of the Year 2000 on the Court of Human Rights.
33. Expert is a person who can give opinions about a skill or person who can provide a description of something special expertise (specialization) in the interests of the inquiry;
34. Expert handler is a description given by one who has a special skill set about what is necessary to make light of a grave human rights violations in the interests of the investigation.
35. The witness account is the witness of a witness regarding the alleged severe human rights violations he heard on his own, he saw himself, and he experienced it himself by calling the reasons for his knowledge.
36. A letter is a written document made on the oath of office or corroborated by the oath that the contents of the letter are related to the alleged events of the heavy human rights violations.
37. Guidance is the deed, incident or circumstance, which is due to the nature of the other, as well as the alleged event of the breach of human rights itself, indicating that there has been an event of human rights violations which are not in the past. Heavy.
38. Protection against witnesses and/or victims is a form of service that is required to be carried out by law enforcement officers or security forces or agencies appointed by legislation to provide a sense of security, both physically and mental to victims and/or witnesses, from any threat, disorder, terror, and violence from any party, given start at the investigation stage.
39. Compensation is to replace the loss given by the state because the presumed responsible party is unable to provide the full cost of the loss of its responsibility.
40. Rehabilitation is a recovery in its original position, e.g. honor, name, title, or other rights.
41. The Restitution is to replace the loss given to the victim or his family by the presumed responsible or third party, may be the return of the property, the payment of the damages for loss or suffering, or A replacement for this file
42. Assistance is a service given to the victim and/or witnesses by an institution appointed by legislation in the form of medical aid and psycho-social rehabilitation assistance.
43. Day is a work day.
BAB II
INTENT AND PURPOSE
Section 2
The procedure for the investigation of the Proyustisia Violations of the Human Rights was compiled in order to serve as a guideline or reference in the conduct of the functions, duties, and authority of the Human Rights Commission in the field of inquiry into human rights violations. the weight as specified in the Law Number 26 Year 2000 on the Court of Human Rights.
Section 3
The procedure for the investigation of the Proyustisia Violation of Human Rights is organized in order to provide uniformity about the understanding and activities in the conduct of the investigation so as to establish the execution of functions, tasks, and practices. Authority in the field of investigation of the proyustisia of severe human rights violations, as well as to curb the administration of the investigation of the proyustisia of heavy human rights violations, and to enhance the successful and useful communication of communication for use.
BAB III
HEAVY HUMAN RIGHTS VIOLATIONS
The Kesatu section
The Severe Type Of Human Rights Violation
Section 4
(1) The classification of severe human rights violations is as set out in the provisions of Article 7 to Article 9 of the Law No. 26 of 2000 concerning the Court of Human Rights.
(2) as for the classification of the severe human rights violations as referred to in paragraph (1) include:
a. Genocide crime;
B. Crimes against humanity.
The Second Part
Elements of the Severe Human Rights Violations
Paragraph 1
The crime of Genocide
Section 5
(1) The crime of genocide as referred to in Article 4 of the paragraph (2) of the letter a is any act committed with the intent to destroy or destroy all or part of a group of nations, races, ethnic groups, religious groups, in a way:
a. kill group members;
B. resulting in severe physical or mental suffering of group members;
c. Creating a group of life conditions that will result in the physical destruction of either whole or as a result;
D. imposing actions aimed at preventing birth in the group; or
e. Forcibly remove children from certain groups to other groups.
(2) Further provisions with regard to the elements of genocide crimes as set forth in the guidelines of the criminal offence of human rights violations and the responsibility of the command published by the Supreme Court of the Republic of America. Indonesia.
Paragraph 2
Crimes Against Humanity
Section 6
(1) The crime against humanity as referred to in Article 4 of the paragraph (2) of the letter b is one of the acts performed as a widespread or systematic attack on which he knew the attack was directed at a direct. against the civilian population:
a. murder;
B. extermination;
C. slave;
D. forced evictions and displacement of the population;
e. the independence of any other physical freedom or freedom of freedom;
f. torture;
G. rape or other forms of sexual assault;
h. persecution;
i. forced removal of people; or
J. Apartheid crime.
(2) Further provisions with regard to the elements of crime against humanity as set forth in the Guidelines of the Fundamental Elements Violation Of Human Rights Violations and the Accouncability of the Command published by the Court Supreme Republic of Indonesia.
BAB IV
THE PROYUSTISIAN INQUIRY PLOT
The Kesatu section
Monitoring and Investigation
Section 7
The Severe Human Rights Violations Investigation was conducted by the Human Rights Commission, both before and after the release of Law No. 26 of 2000 on the Court of Human Rights.
Section 8
(1) The investigation as referred to in Article 7 is carried out on the basis of the alleged severe human rights violations.
(2) The investigation may be conducted either on the report, complaint, nor on the initiative of the Komnas HAM.
Section 9
(1) The report, complaint or initiative of the Komnas HAM is actionable by conducting monitoring and investigation by the Monitoring and Investigating Subcommission.
(2) The Subcommittee and subsequent investigation report the results of the monitoring and inquiry to the plenary Session of the Komnas HAM to obtain a decision on the handling of the event.
(3) In terms of the results of monitoring and investigation conducted by the Monitoring Subcommission and the Inquiry are deemed to still require proof of the alleged severe human rights violations, then the plenary session may form the Committee of the Assembly. Full time to conduct legal analysis.
(4) In terms of the results of monitoring and investigation conducted by the Monitoring Subcommission and the Inquiry has deemed sufficient preliminary allegations of heavy human rights violations, the plenary session may form the Ad Hoc Team Investigation The Proyustisia of the Severe Human Rights Violations to carry out the investigation of the proyustisia of severe human rights violations of the alleged events of a severe human rights violation as set out in Article 18 of the Law Number 26 Year 2000 on the Court of Human Rights.
Section 10
If the plenary session then decides not to form the
Ad Hoc Team, the Proyustisia Investigation of the Proyustisia Severe Human Rights Violations are based on the results of the plenary session or the legal analysis of the plenary team, then the Assembly of the Assembly. The Plenary may submit its followup to the Monitoring and Investigating Subcommission.
The Second Part
The Plenary Session team
Section 11
(1) The membership of the Plenary Session as referred to in Article 9 of the paragraph (3) consists of the members of the Komnas HAM and the staff of the Komnas HAM.
(2) The Plenary Session of the Court is determined by the Plenary Session according to the need.
(3) Further provisions with respect to the format of the decision letter of the establishment of the Plenary Session as mentioned in the Kesatu attachment.
Section 12
(1) The results of the legal analysis conducted by the Plenary Session of the House of Assembly were handed over to the plenary session.
(2) In the event of the results of the law analysis Team of the plenary session concluded that the alleged severe human rights violations, then the plenary session could decide on the formation of Team Ad Hoc of the Proyustisia Severe Human Rights Violations ' Investigation.
(3) In terms of the results of the legal analysis of the Department of Plenary Session concluded there is no suspicion of severe human rights violations then the plenary session may submit its followup to the Subcommission and the Overseas Admnistracy Section. The investigation.
The Third Part
Ad Hoc Team The Proyustisian Investigation of the Heavy Human Rights Breach
Section 13
The membership of Team Ad Hoc of the Proyustisia Proyustisia Commission on Severe Human Rights Violations as referred to in Article 12 of the paragraph (2) consists of members of the Komnas HAM, human rights and human rights Comnas staff.
Section 14
(1) Members of the Komnas HAM act as a heavy human rights violations investigator.
(2) Investigators who are from the staff of human rights comnas at least meet the requirements:
a. educated at least Strata 1 (S1) in the relevant field;
B. rank of minimum III/b (Young Master of Level I).
c. has been following the training of proyustisia investigation of heavy human rights violations.
D. does not have direct or indirect relations with the events being investigated.
(3) Investigators and/or helper investigators who are from the element of society at least meet the criteria or requirements:
a. have a relevant education background;
B. have experience in the field of human rights or relevant fields of at least 5 (five) years;
c. have no connection, either directly or indirectly with the events being investigated;
D. have followed relevant training in the field of human rights;
e. Another provision decided by the plenary session.
BAB V
MECHANISM EXECUTION MECHANISM
PROYUSTISIA A HEAVY HAM BREACH
The Kesatu section
The Investigation Process
Section 15
Ad Hoc Investigation of the Proyustisia Human Rights Violating Committee on Severe Human Rights Violations is based on the Decree of the Chairman of the Commission on Human Rights based on the Plenary Session decision as referred to in the second attachment.
Section 16
(1) In case investigators begin conducting an investigation of an event which is alleged to be a severe human rights violation, investigators notifying it to the investigator via the Commencement Of The Investigation Of The Investigation (SPDPP) were delivered. At least 14 (fourteen) days after the ad hoc team was formed.
(1) Further terms with respect to the contents of the notice of the commencement of the inquiry as referred to in paragraph (1) as mentioned in the third attachment.
Section 17
(1) Team AdHoc Proyustisia Severe Human Rights Violations are constructing the organizational structure and framework of inquiry which refers to the laws and principles of national human rights law and International.
(2) More terms with respect to the framework format as referred to in paragraph (1) as mentioned in the fourth attachment.
Section 18
Team Ad Hoc Investigations of Proyustisia Human Rights Breach of Weights devised an investigation work plan.
The Second Part
Acceptance of Pengaduan in the course of the Implementation of the Proyustisia Inquiry
Section 19
(1) Team Ad Hoc Investigations of Proyustisia Human Rights Violation of Severe Human Rights Violations receive reports or complaints.
(2) Team Ad Hoc Investigations of Proyustisia Human Rights Violations receive the complaint file of the Administration Administration Section.
(3) After receiving a complaint file, investigators carry out the activities of the proyustisia investigation.
(4) Investigators made news of the event on receipt of all documents, and subsequently submitted to Information Analyst and Arsiparis Tim Ad Hoc The Proyustisia Proyustisia Human Rights Commission was heavily documented to be documented.
(5) More terms with respect to the event news format as referred to in paragraph (4) as mentioned in the fifth attachment.
Section 20
Team Secretariat AdHocThe Proyustisia Investigation Of Severe Human Rights Violations records and stores the entire inquiry document received by the investigators.
The Third Part
Witness examination
Paragraph 1
Witness call
Section 21
(1) Team Ad Hoc Investigations of the Proyustisia Severe Human Rights Violations are conducting witness checks.
(2) The investigator did the examination, citing the apparent reason of the summoning, authorities call witnesses deemed necessary to be checked with a valid summons with regard to a reasonable time of time between The receiving call and the witness are required to meet the call.
(3) The witness summoning is done by sending a call letter no later than 3 (three) days before the date of inspection.
(4) If a person called does not come to meet a predetermined time limit investigator call, then the investigator sends a second letter of call.
(5) The second summoning letter is sent no later than 7 (7) days after the date of inspection on the mischiiety letter.
(6) If a person who is called does not come to face or refuse to give up his description, after a second call, then investigators can do a forced summoning (subpoena) by asking for the help of the Chief Justice.
(7) The invocation of the invocation is forcibly performed at least 14 (fourteen) days after the date of inspection on the second summoning letter.
(8) More terms with respect to the format of the call letter as referred to in paragraph (3) as mentioned in the sixth attachment.
Section 22
If a witness is called for a reasonable and reasonable reason, that the question cannot come to the checkpoint, then the investigator can rescheduled, or come to his place of residence, or any other place that has been. agreed to do an examination.
Section 23
(1) The invocation of the witness is legally performed if it is delivered with a summons to the witness at the address of his residence, or if the address of his residence is not known, delivered at the last residence.
(2) If the witness is not in residence or at the last residence, the summons is delivered via the Head of the Village/Head of Kelurahan which is the legal residence of the witness or the last place of residence.
(3) Further terms with respect to the Receipt Receipt format as mentioned in the seventh attachment.
(4) If the residence and the last place of residence are not known, a summons was affiated to the site of the announcement at the Office of the National Commission on Human Rights and/or announced through a national newspaper.
Section 24
Order the delivery of the mail call can be done through:
a. The courier of the Komnas HAM; or
B. The letter is recorded.
Paragraph 2
Witness examination
Section 25
(1) The witness is vetted in its own right and is entitled to a legal advisor.
(2) The legal counsel only follows the course of the examination by looking at and hearing the examination.
(3) Witnesses are entitled to be accompanied by a scribe when necessary.
(4) If deemed necessary, the witness may be accompanied by an investigator approved by the investigators.
Section 26
Witness statements to investigators are given without pressure from anyone and/or in any form.
Section 27
(1) The witness ' s account is recorded in the news of the event signed by witnesses and investigators.
(2) Before witnesses opened the signature, investigators reciting the witness ' s caption noted in the news of the event.
(3) If the witness is not willing to cure his signature, either after or before the examination is complete, the investigator records in the news of the show by mentioning the reason.
(4) Further provisions with respect to the format of the Examination News as referred to in paragraph (1) as mentioned in the eighth attachment.
Section 28
Witness checks are conducted at the Office of the Human Rights Comnas or any other place agreed.
The Fourth Part
Field Review
Section 29
(1) If viewed as necessary investigators may conduct a field review to obtain data, information, evidence, and/or evidence tools.
(2) Data, information, evidence items, and/or evidence tools obtained in the field review are poured in the news of the event signed by investigators and witnesses.
(3) Data, information, evidence, and/or evidence tools received by investigators are listed in the news of the event signed by investigators and witnesses.
(4) More terms with respect to the Field Review Event News format as referred to in paragraph (2) and paragraph (3) as mentioned in the ninth attachment.
The Fifth Part
The mail check
Section 30
(1) On the order of investigators, investigators can conduct a letter inspection action.
(2) Before doing a mail check, investigators indicated a warrant from investigators.
(3) After carrying out a letter examination, investigators made news of the show examination show and were signed by investigators and witnesses.
(4) If witnesses were not willing to sign the news of the examination event, investigators noted the reason in the news of the examination event.
Section 31
(1) To carry out the provisions as in Article 30 of the paragraph (1), investigators sent a letter of letter examination to investigators.
(2) A letter examination letter signed by the Chairman, or Deputy Chairman, or Team Secretary Ad Hoc of the Proyustisia Investigation Of Severe Human Rights Violations.
(3) The application of the examination of the examination was submitted to the investigator no later than 21 (twenty-one) days before the examination of the mail was carried out.
(4) If a letter of plea is not yet followed by an investigator, investigators send a second letter no later than 14 (fourteen) days before the examination of the letter is carried out.
(5) If a second letter is not yet followed by an investigator, the investigator sends a third letter no later than 7 (seven) days before a letter examination is carried out.
(6) Petition of the First and Second Act of Exhales to the President of the Republic of Indonesia and the DPR RI.
(7) A third letter in addition to the investigator, also addressed to the President of the Republic of Indonesia and the House of Representatives.
Section 32
If an investigator rejects the application of a letter check, investigators submit a letter check to investigators.
The Sixth Part
The shakedown and the coverage
Paragraph 1
The Search and Search Command
Section 33
(1) Investigators can carry out search and seizure measures under an investigator ' s order, either directly or through a plea that the investigators have filed.
(2) Investigators who have a search warrant and seizure must be guidelines to the laws of the judicial event of human rights as set in Law No. 26 of the Year 2000 on the Court of Human Rights.
(3) Further provisions with respect to the contents of the letter of the application as referred to in verse (1), are mentioned in the format in the tenth attachment.
Paragraph 2
The Implementation of the Search and the womanhood
Section 34
(1) Out of the matter of being caught hand, then:
a. Required Search Warrant and Investigators from Investigator.
B. The search and coverage was carried out by investigators on the Investigator's orders.
a. Search warrant required and the press release from the investigator.
B. Investigators can conduct a search and seizure at:
1) The home page of the person who is suspected to be the perpetrator and/or the witness is staying or is located, and that is on it.
2) Any other location where the person who is suspected of being the perpetrator and/or the witness is staying or is.
3) In the place of severe human rights violations committed or elsewhere there is a heavy human rights violation.
4) Other places considered relevant to the investigation.
C. In terms of house owners refusing to take house searches, the search remained in the presence of the Head of the Village/Environment Chairman/Chairman of the RW/RT Chairman as well as a minimum of two witnesses.
D. At least two days after a shakedown, a search event has to be made.
(2) More terms with respect to the search event news format as referred to in paragraph (2) letter d, attached to the eleventh attachment.
The Seventh Part
Local Check
Section 35
(1) Investigators may conduct local vetting measures under an investigator ' s order, either directly or through a submitted request;
(2) Local examinations are conducted against homes, fabrications, buildings and other places occupied or owned by certain parties;
(3) Local examination as referred to in paragraph (2) includes the execution of tomb/grave excavation or other places suspected of being a landfill;
(4) Examination is conducted to search and collect data, information, evidence items, and/or evidence tools related to heavy human rights violations;
(5) More Terms of Use with respect to the search event news format as referred to in paragraph (1), attached to the twelfth attachment.
The Eighth Part
Enlist the Expert
Section 36
(1) Investigators may bring experts on the basis of an investigator ' s order, either directly or through a proposed plea;
(2) The order of the investigator as referred to in verse (1) may be to call directly an expert to be heard in the presence of an investigator and/or an expert request request by submitting a written request;
(3) The wisdom of the expert is given by lifting the oath before the inquiry that he will give a description according to his best knowledge, unless it is due to his authority and dignity, his work or office. require that it retain the secret may refuse to provide the requested caption;
(4) In case of investigators requesting expert information, then the investigator sends evidence or victim material to the expert in question, in accordance with applicable laws, to obtain expert information or Event News Results of Examination by the Expert;
(5) Investigators noted the captions given by the expert in the News Examination Show News;
(6) Further provisions with respect to the news format of the expert examination event as referred to in paragraph (5), attached to the twelfth attachment.
The Ninth Part
The Collection of Evidence and Evidence Tools
Section 37
(1) The collection of information may be taken from the written responses obtained and/or provided by all the parties in question, documents, statements, photographs, image recordings and/or sound, other physical objects.
(2) The evidence tool in the Severe Human Rights Violations Event is:
a. witness description;
B. expert captions;
C. letter;
D. hint;
e. The description of the person who is suspected to be responsible.
(3) The generally already known thing does not need to be proven
Section 38
(1) The evidence item is the items used:
a. to carry out the heavy human rights violations
B. to help commit a heavy human rights violation;
c. be the goal of a severe human rights violation;
D. created from a heavy human rights violation;
e. information in a particular sense is included in the evidence of documents and electronic information.
(2) The evidence is mandatory and stored properly and kept secret by the Complaint Archives of the Comnas.
The Tenth Part
The Privacy
Section 39
(1) The entire element of the Komnas HAM, both the Member and Secretariat General as well as the elements of the society that were once a member of Team AdHoc Proyustisia Severe Human Rights Violations are required to participate. Maintaining the investigation of the proyustisia investigation of heavy human rights violations in the process of investigation.
(2) The violation of the element Komnas HAM against the provisions as referred to in verse (1), is resolved through the mechanism of forming the Honorary Council of the Comnas of Human Rights.
(3) The violation of the society ' s elements to the provisions as referred to in paragraph (1) is resolved in accordance with the laws.
BAB VI
THE RESULTS OF THE PROYUSTISIA INVESTIGATION
The Kesatu section
The Report Results Report
Section 40
(1) The report of the results of the implementation of the proyustisia inquiry is made in the form of a full report signed by the entire team member and the executive summary report signed by at least the Chairman and Vice Chairman of the team.
(2) The complete report of the implementation of the proyustisia investigation is confidential.
(3) Privacy as referred to in verse (2), i.e. not disseminated along the names of alleged heavy human rights violations in respect of the presumption of innocence, used only for the benefit of the cause of the law. The investigation and prosecution of the Attorney General.
(4) In order of public accountability to the execution of Team Ad Hoc ' s task of Inquiry Proyustisia of severe human rights violations, then the disseminable one is the executive summary report.
Section 41
(1) The full report of the results of the investigation as referred to in Article 41 of at least loading:
a. scope of inquiry;
B. procedure and method used in open-proof evaluations;
c. description of the elements of heavy human rights violations;
D. forms of alleged heavy human rights violations;
e. Names of people suspected of being involved in the event of a severe human rights violation;
f. witness statements, victims, experts and people suspected of as perpetrators;
G. account of the deed and or object as well as everything deemed necessary for the settlement of the case;
h. Details of specific events in detail as well as the evidence underlying the results of the findings; and
i. conclusions and recommendations based on the results of the findings, the facts following the basics of its law.
(2) Further provisions with respect to the contents and systematics of the complete report of the proyustisia investigation as mentioned in the format in the attachment of the thirteenth.
Section 42
(1) The full report and executive summary of the results of the proyustisia violation of human rights violations are doubled according to the need for the benefit of the discussion in the plenary Session of the Komnas HAM.
(2) The reports referred to in verse (1) must be already delivered and accepted by the Members of the Comnas of human rights at least 7 (seven) days prior to the schedule of the plenary session to be studied.
(3) At the time of the discussion of the results of the investigation of the severe human rights violations at the plenary session of the Komnas HAM, may be attended by all members or part of Team Ad Hoc The Proyustisian Investigation of Severe Human Rights Violations.
(4) Following the delivery of the responsibility of the investigation of the proyustisia violations of human rights that are heavily handed over to the plenary session of the Komnas HAM, at the time of the decision only to be attended by the Members of the Comnas of Human Rights.
Section 43
(1) In the case of the plenary session of the Komnas HAM arguing that there is sufficient preliminary evidence of a severe human rights violation, then the conclusion of the investigation is presented to investigators no later than 7 (seven). The day after the implementation of the Commission of Human Rights.
(2) The slowest 7 (seven) days after the conclusion of the results of the inquiry was delivered, the Komnas HAM handed over the entire results of the investigation to investigators for follow up.
(3) The delivery of the results of the investigation results and the entire investigation results to the investigator accompanied by an introductory letter signed by the Chairman of the Commission on Human Rights.
(4) The results of the investigation are presented to investigators directly by the leadership of the Komnas HAM accompanied by members of the Komnas HAM.
(5) Further provisions with respect to the content of the letter as referred to in verse (3), as mentioned in the format in the fourteenth attachment.
Section 44
(1) In the case of the investigation of the Komnas HAM related to the events that occurred in the past, in addition to delivering the full report to the investigators, also submit the report results of the inquiry to the Speaker of the DPR RI, the President of the Republic of Indonesia with Busan to Commission III of the House of Representatives and Chief Justice of the Republic of Indonesia.
(2) The delivery of the report results to the parties as referred to in paragraph (1) is intended to accelerate the process of forming a ad hoc human rights tribunal.
Section 45
(1) When the plenary session of the Komnas HAM concludes that there is not sufficient evidence of a severe human rights violation, but rather the elements of human rights violations, the Komnas HAM must inform the investigators. At least seven (seven) days since the conclusion of this conclusion.
(2) The results of the investigation as referred to in paragraph (1) may be devolve to the institutions related to the events found for follow up.
The Second Part
Return Results Of The Investigation
Section 46
(1) In case of investigators arguing that the results of the investigation of the Komnas HAM were less complete, then investigators immediately returned the results of the investigation to investigators accompanied by instructions to be equipped as set in the legislation.
(2) Less complete as referred to in verse (1) is the material requirement that it has not sufficiently met the heavy human rights violations to proceed to the investigation stage as set forth in the laws.
(3) The Komnas of human rights are obliged to complete the lack of the results of the investigation at least 30 (thirty) days since the receipt of the results of the investigation by the investigator.
(4) Guna completes the lack of the results of the investigation as referred to in verse (3), the plenary session of the Komnas HAM forms the team to follow through.
(5) The refitted inquiry file is returned to investigators in accordance with the provisions in the laws.
The Third Part
Request For The Development Follow The Investigation Of The Investigation
Section 47
(1) Human Rights Komnas may request a written statement to the Attorney General regarding the development of the investigation and the prosecution of severe human rights violations.
(2) The request of the captions as referred to in verse (1) is carried out by filing a letter signed by the Chairman of the Human Rights Commission.
(3) Further provisions with respect to the format of a letter request as referred to in paragraph (2), attached to the attachment of the twelfth.
Section 48
(1) The written request to the Attorney General regarding the development of the investigation and the prosecution of heavy human rights violations committed to the initiative of the Komnas HAM and/or the request of the victim.
(2) The Attorney General ' s written reply to the development of the investigation and the prosecution of grave human rights violations can be disseminated to the public.
BAB VII
WITNESS PROTECTION AND THE VICTIM
The Kesatu section
The publishing mechanism of the captions about
Witnesses and/or Victims
Section 49
(1) Any witnesses and/or victims in the event of a heavy human rights violation are entitled to the physical and mental protection of any threat, disorder, terror, and violence of any party.
(2) The protection as referred to in paragraph (1) is any attempt in fulfilment of the right and granting of assistance to provide a sense of security to the witnesses and/or victims required to be carried out by the Witness Protection Society and the Victims or other agencies in accordance with the provisions of Law No. 13 of 2006 on Witness Protection and Victims.
(3) The protection as referred to in paragraph (1) and (2) is granted since the stage of inquiry, inquiry, prosecution, and/or examination in court hearings, and exercised for free.
(4) Other Terms of Use regarding witness protection and the victim refers to the applicable laws.
Section 50
(1) The witness and/or victim in need of protection as referred to in Article 49 may apply in writing about his status as a witness and/or victim to the Chairman of the Komnas HAM.
(2) The Chairman of the Komnas HAM further forwarded a letter of the request as referred to in paragraph (1) to the ad hoc teamto examine the completeness and correctness of the status of the applicant as a witness and/or the victim of a heavy human rights violation.
(3) If the completeness and correctness of the status of the applicant are proven to be correct, then the team prepares a letter on the status of the applicant as a witness and/or the victim of a severe human rights violation.
(4) The letter as referred to in paragraph (3) is signed by the Chairman or the Deputy Chairman of the Human Rights Commission, and then submitted to the institution authorized to provide protection to the witness and/or the victim in accordance with the provisions of the It's
(5) More terms with respect to the contents of the letter attached to the sixteenth attachment.
The Second Part
Compensation, Restitution, Rehabilitation and Assistance
Section 51
(1) Compensation, restitution, rehabilitation, and medical assistance and/or psycho-social rehabilitation assistance is the right of every witness and/or victim of a criminal offence in certain cases in accordance with the decision of the Witness Protection Society and the Victims as set out in the laws.
(2) Compensation, restitution and/or rehabilitation is given to the victim or family of the victim who is his heir.
(3) The granting of compensation, restitution and/or rehabilitation as referred to in paragraph (3) must be executed exactly, fast and proper.
(4) The procedure and execution of the granting of compensation, restitution, assistance, and/or rehabilitation refers to the provisions of the laws.
Section 52
(1) In terms of witnesses and/or victims of a heavy human rights violation event requires assistance from the institution of authority, then the witness and/or the victim apply for assistance in writing to the Chairman of the Komnas HAM.
(2) The Chairman of the Komnas HAM further proceeds to the request as referred to in paragraph (1) to the Ad Hoc Team to examine the completeness and correctness of the applicant's request as a witness and/or the victim of a heavy human rights violation.
(3) If the completeness and correctness of the requested applicant request is correct, then Team as referred to in paragraph (1) prepare a letter on request for assistance in the name of the applicant as a witness and/or a victim of the event Heavy human rights violations.
(4) The letter as referred to in paragraph (3) is signed by the Chairman or the Deputy Chairman of the Human Rights Commission, and then submitted to the institution authorized to provide protection to the witness and/or the victim in accordance with the provisions of the It's
(5) Further provisions with respect to the contents of the captions are attached to the seventeenth attachment.
BAB VIII
TEAM MEMBER ' S CODE OF CONDUCT
THE PROYUSTISIA INVESTIGATION OF SEVERE HAM VIOLATIONS
Section 53
The Proyustisian Code of Investigation of the Proyustisia Severe Human Rights Violations is a guideline in the exercise of duty in accordance with the Proyustisia Procedure Of Inquiry Procedure of severe human rights violations and applicable laws to avoid abuse of authority.
Section 54
(1) The team is obligated to:
a. be disciplined, confident, and responsible for carrying out the task of investigating the proyustisia of severe human rights violations;
B. exercised duties with the sincerity and respect of civil society;
c. sensitive and perceptive in carrying out the proyustisia investigation, developing their ability, assessing the quality of work, active, and efficient, and placing a reasonable task interest in the personal interest.
D. maintaining a sense of unity, unity, and togetherness, as well as the loyalty of a flock in the Team environment and in society;
e. Be vigilant, be ready, and be able to face any possibility in the conduct of a proyustisia investigation;
f. be impartial, professional, and uphold the customs and customs of the local community while conducting location checks and witness checks in locations or other places where the examination is performed.
G. honest in uncovering the facts;
h. securing and maintaining the examination documents and evidence items that are in its testing related to the investigation of the ongoing proyustisia;
i. Maintain ease and not complicate the inquiry process;
J. holding a confidentiality that by nature or order of sanity must be kept secret.
(2) The team is prohibited:
a. being arrogant;
B. publish the name of the full name/full name/full name of the party considered responsible, victim, witness, system and inquiry techniques;
c. burden the cost of investigation of the proyustisia to other parties especially the parties associated in the investigation, unless otherwise specified by other legal regulations.
D. Infliction of suffering from abuse of authority and willfully elicits the anxiety of the parties regarding matters.
e. receive and/or request money and/or commercial or non-commercial goods and/or services from the parties with respect to the proyustisia inquiry implemented.
f. use government agency facilities and/or other State agencies and/or private companies;
G. issued a statement or committing acts that are in nature or consequently sexual harassment, degrading of dignity and/or SARA;
h. being a team member where there is a potential clash of interests;
i. Promising in any form the settlement of the case is being investigated.
(3) Which authorities provide information about an event under investigation is a member of the Human Rights Company who is a member of the Proyustisian Investigation Team of Severe Human Rights Violations or Team ad hocInvestigation of the Proyustisia Offense Heavy Human Rights.
Section 55
(1) The violation of the Proyustisian Code of Investigation of the Proyustisia Severe Human Rights Violations by the Team members is resolved through the mechanism of the Commission of Human Rights.
(2) If the settlement is intended in paragraph (1) unable to resolve the problem and/or the violation is caused by the cause of the investigation, then the breach will be taken through the process. The law is valid.
BAB IX
OTHER LAIN-CONDITIONS
Section 56
Things that have not been set up in the Implementation Procedure of the Proyustisia Violation Of Human Rights Investigation and are deemed necessary for the sake of the execution of the function, duties, and authority of the Human Rights Commission, will be further set up with the decision of the ad team meeting. Hoc and/or Human Rights Compassage Session.
Section 57
The implementation procedure of this proyustisia investigation may be changed at any time by the decision of the plenary session.
BAB X
THE TRANSITION PROVISION
Section 58.
By the enactment of this rule, the Regulation of the Comnas of Human Rights in regard to the implementation of the investigation of proyustisia is hereby revoked and stated to be not applicable.
BAB XI
CLOSING PROVISIONS
Section 59
This rule applies since the set date.
Set in Jakarta
On September 27, 2011
CHAIRMAN OF THE NATIONAL COMMISSION OF HUMAN RIGHTS
REPUBLIC OF INDONESIA,
IFDHAL EUNUCH
Promulgated in Jakarta
On December 08, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA
AMIR SYAMSUDDIN
Attachment: 1
