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Regulation Of The Minister Of Law And Human Rights The Number 184 In 2011

Original Language Title: Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 184 Tahun 2011

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REPUBLIC OF INDONESIA STATE NEWS

No. 913, 2011 SOCIAL MINISTRY. Social Welfare Society. Venue.

THE REGULATION OF THE SOCIAL MINISTER OF THE REPUBLIC OF INDONESIA

NUMBER 184 IN 2011 ABOUT

THE SOCIAL WELFARE INSTITUTION

WITH THE GRACE OF GOD ALMIGHTY

THE SOCIAL MINISTER OF THE REPUBLIC OF INDONESIA,

DRAW: a. that to implement the provisions of Article 9 of the Government Regulation No. 38 of 2007 on the Division of Government Affairs Between the Government, Provincial Local Government, and the District/City Local Government/City need to be drafted Norma, Standard, Procedure, and Criterion (NSPK) Social Field;

b. that to further enhance the role of society in the implementation of social welfare through social welfare institutions needs guidelines for the Social Welfare Society;

c. that based on consideration as intended on the letter a and the letter b, need to establish the Social Minister ' s Regulation on the Social Welfare Institute

Given: 1. Law No. 16 of 2001 on the Foundation (sheet of state of the Republic of Indonesia 2001 No. 112, Additional Gazette of the Republic of Indonesia Number 4132) as amended by Invite-Invite Number 28 Year 2004 on Top Change Law No. 16 of 2001 on the Foundation (Gazette of the Republic of Indonesia 2004 Number

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2011, No. 913 2

115, Additional Sheet States Of Republic Indonesia Number 4430);

2. Law No. 32 of the Year 2004 on Local Government (Indonesian Republic Year 2004 Number 125, Additional Gazette of the Republic of Indonesia No. 4437) as has been several times the last modified with the Invite Number 12 2008 About The Second Change Of The Law Number 32 Of 2004 On Local Government (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);

3. Law Number 33 Year 2004 On The Financial Balance Between The Central Government And The Local Government (sheet Of State Of The Republic Of Indonesia In 2004 Number 126, Additional Gazette Of The Republic Of Indonesia Number 4437);

4. Law No. 39 of 2008 on the Ministry of State (the State Sheet of the Republic of Indonesia 2008 No. 166, Additional Gazette of the Republic of Indonesia Number 4916);

5. Law Number 11 Year 2009 on Social Welfare (State Sheet Indonesia 2009 Number 12, Additional Gazette Republic of Indonesia Number 4967);

6. Government Regulation No. 104 of 2000 on the Balancing Fund (State of the Republic of Indonesia 2000 number 201, Additional Gazette of the Republic of Indonesia Number 4021) as amended by Government Regulation No. 84 of 2001 About the Changing of Government Regulation No. 104 of 2000 on the Balance Fund (State Gazette of 2001 Number 157, Additional Gazette of the Republic of Indonesia Number 4165);

7. Government Regulation Number 108 Year 2000 On The Order Of The Head Of State (sheet Of State Of The Republic Of Indonesia In 2000 Number 209, Additional Gazette Of The Republic Of Indonesia Number 4027);

8. Government Regulation No. 79 of 2005 on Coaching and Supervision of the Hosting

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Local Government (sheet State Of The Republic Of Indonesia In 2005 Number 165, Extra State Sheet Of Republic Indonesia Number 4593);

9. Government Regulation No. 58 of 2005 on Regional Financial Management (State Gazette 2005 Number 140, Additional Gazette Republic of Indonesia Number 4578);

10.Regulation Government Number 65 of the Year 2005 of the Republic of Indonesia Guidelines Drafting and Implementing Minimum Service Standards (sheet Of State Of The Republic Of Indonesia In 2005 Number 150, Additional Sheet Of Republic Of Indonesia Indonesia Number 4584);

11. Government Regulation No. 3 of the Year 2007 on the Report of the Government of the Regions to the Government, Report of the Head of the Regional Head to the DPRD and the Information Report of the Local Government to the Community (Sheet) Indonesia's Republic of Indonesia Year 2007 Number 19, Additional Gazette Republic of Indonesia Number 4693);

12. Government Regulation No. 38 of 2007 on the Division of Government Affairs between the Government, the Government of the Province of Propinsi, and the District/City Government (Gazette of the Republic of Indonesia in 2007, Number 82, Additional Gazette of the State of Indonesia) Republic of Indonesia No. 4737);

13. Government Regulation No. 41 of 2007 on the Organization of Regional Devices (State Sheet of Indonesia Year 2007 Number 89, Additional Gazette of the Republic of Indonesia Number 4741);

14. Government Regulation No. 6 of 2008 on the Governing Guidelines of the Governing Area (sheet Of State Of The Republic Of Indonesia 2008 Number 19, Additional Gazette Of The Republic Of Indonesia Number 4815);

15. Government Regulation No. 8 Year 2008 on Stages, Layout, Drafting, Controlling, and Evaluation of Implementation of the Area Development Plan (State Gazette 2008 Number 21, Extra sheet of State Republic of Indonesia Number 4817);

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16. Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State;

17. Presidential Decree No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as Susunan Organization, Duty, and Functions of the Ministry of State;

18. Ministry of the Interior Minister Number 13 of 2006 on the Regional Financial Management Guidelines as amended with the Regulation of the Home Minister Number 59 of 2007;

19. Ministry of Social Affairs Number 129 /HUK/2008 on the Minimal Service Standards of the Regional Social Field of the Province and the County/Kota;

20. The decision of the Social Minister Number 111 /HUK/2009 on the Indicators of the Performance of Social Welfare Development;

21. Decision of the Minister of Social Affairs Number 80 /HUK/2010 on the Planning Guide of Financing Achievement Of The Standards Of Minimum Service Of The Social Field Of The Province Area and the Kab/Kota;

22. The Regulation of Social Ministers Number 86 /HUK/2010 on the Organization and the Working Order of the Ministry of Social Affairs of the Republic of Indonesia;

DECIDED: Establishing: THE SOCIAL MINISTER ' S REGULATION OF THE INSTITUTION

THE SOCIAL WELFARE. BAB I

provisions of UMUM Article 1

In this Regulation are referred to: 1. Social Welfare Institute, then called LKS is

a social organization or social society that carries out social welfare created by the public, both legal and non-governing. laws.

2. A legal entity is a social organization or social society that moves in the field of social welfare that is the foundation or other form stated as the legal entity.

3. LKS is not legal to be LKS that has not been declared as a legal entity.

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4. LKS Alien is a social organization or social society established under the legal provisions of the State where the social organization or social society is established, and has obtained permission from the Government of the Republic of Indonesia to Perform social welfare services in Indonesia.

5. Social welfare is the condition of the material, spiritual, and social needs of citizens in order to be viable and able to develop so that it can exercise its social functions.

6. Social Welfare is a sustainable, unified and sustainable effort that governm the LKS standard.

(3) The LKS standard as referred to in paragraph (2) is governed by the Regulation of the Minister.

BAB VII COORDINATION

Article 31 To exercise the role of the public in a Social Welfare is performed in a coordinated interchange between the two countries. LKS is through non-governmental coordination institutions that are open, independent, independent, autonomous at the national, provincial, and district/city level, and not a hierarchy-related institution.

Article 32

Ministry Social, provincial governance, and/or county/city governance can coordinate

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with the Social Welfare Coordination Institute both national, provincial, and district/city level.

Article 33 of the Coordination as referred to in Article 31 may be implemented through the activities of the partnership network.

BAB VIII AUTHORITY Section Kesatu

General Section 34

(1) Government, provincial government, and The county/city administration has the authority to host the LKS.

(2) The authority of the hosting of LKS by the Government as referred to in paragraph (1) is exercised by the Minister.

(3) the authority of the LKS staging by the provincial regional government as referred to in paragraph (1) is exercised by governor.

(4) The authority of the hosting of LKS by the administration of the county/city area as referred to in paragraph (1) is exercised by the regent/mayor.

The Second Section

The Government of Article 35

The Minister in implementing the implementation of the LKS has the authority: a. publishes the LKS registration mark whose scope

works more than 1 (one) province;

b. provide LKS data nationally; c. formulate and socialize LKS policies; d. set the social welfare services standard; e. Institutional improvement; f. the partnership of partnership with foreign LKS that includes power

foreign and help/hybah; g. coaching and surveillance; h. monitoring and evaluation; i. coordination of the soft/LKS at the national level;

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j. granting of facilitating the means and institutional infrastructure and services of LKS; and

k. publishes operational clearance for the Foreign LKS after being consulted and coordinated with the Minister organizing government affairs in foreign affairs.

The Third Quarter of the Province

Article 36

The governor in carrying out The LKS host has the authority: a. coordinate the Regional Device Workspace (SKPD) in

the implementation of the policy, program, and activities of LKS; b. publishes the LKS registration mark whose scope of the region

works more than 1 (one) district/kota; c. provides LKS data; d. carrying out LKS policy; e. Granting of LKS founding recommendations; f. A recommendation for the eligibility of accreditation; g. the strengthening of institutional capacity; h. the partnership of partnerships with foreign LKS that includes power

foreign and help/hybah; i. coaching and oversight of LKS district/kota; j. monitoring and evaluation of LKS district/kota; k. conduct cooperation with other provinces and districts/cities in

implementing the policies, programs, and activities of the LKS in accordance with the provisions of the laws of the laws; and

l. provide technical permissions to the Foreign LKS in its area after the Foreign LKS obtained an operational permit from the Minister.

The Fourth Section of the County/City

Article 37

The Regent/mayor in carrying out the holding of LKS has Authorization: a. coordinate the Regional Device Workspace (SKPD) in

the implementation of the policies, programs, and activities of the LKS;

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b. publishes the LKS registration mark whose scope is 1 (one) county/kota;

c. carrying out its date; d. Formulating and socializing the policy implementation

development and assistance of LKS district/kota;

e. implementation of the development policies and the assistance of LKS; f. A recommendation for the eligibility of accreditation; g. the strengthening of institutional capacity; h. the partnership of a partnership with a foreign LKS that includes energy

foreign and help/hybah;

i. coaching and surveillance; j. monitoring and evaluation; k. coordination between lems/LKS; l. granting facilitation for the development of the means and

the institutional infrastructure and service of the LKS; and

m. provide technical permissions to the Foreign LKS in its area after the Foreign LKS obtained an operational permit from the Minister.

CHAPTER IX FUNDING

Article 38

(1) The funding source for the implementation of LKS activities includes: a. State Shopping Revenue Budget; b. provincial area shopping income budget; c. district shopping income budget district/kota; d. Community donations; e. the funds set aside from the business entity as an obligation and

social responsibility;

f. foreign aid in accordance with government policy and the provisions of the negotiations regulations; and/or

g. a valid source of funding in accordance with the provisions of the laws.

(2) The provision of funds for the implementation of LKS activities as referred to in paragraph (1) is allocated by the Government, provincial provincial government, and district/city governance in accordance with its authority and laws.

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CHAPTER X REPORTING

Section 39

(1) Each LKS is required to make a written report on the execution of activities at the end of the year regarding the hosting of activities, finance, human resources, assets, and The means and the LKS infrastructure.

(2) The regent/mayor is required to present the report of the LKS staging area to the Governor.

(3) The governor is required to submit the report of the LKS in his area to the Minister of Social Affairs and the Minister of the Interior.

(4) Execution reporting as referred to in paragraph (2) and paragraph (3) is performed each year

(5) The form and layout of the reporting as referred to by paragraph (4) are executed in accordance with the provisions of the invite-invitation rules.

BAB XI COACHING AND SUPERVISION

Section Of Parts

Coaching Section 40

(1) Minister conduct coaching on the LKS in implementing the LKS activities program in the province.

(2) The Governor conducts coaching on LKS in carrying out LKS activities programs in district/city.

section 41 of the technical coaching in the province and district/city is exercised by the Chief of the Agency which organizes the affairs of the government of social affairs under the coordination of the governor, and the regent/mayor corresponds to the territory of his authority.

Second Section of Surveillance

Article 42 (1) The supervision of the eld and gets a recommendation from the local governor or bupati/mayor.

Article 29 Further provisions concerning the Foreign LKS operational permit are set up in the Minister ' s Rules.

CHAPTER VI RESOURCES AND STANDARD LKS

Part Atu General

Article 30 (1) of the LKS in implementing social welfare

must be supported by the resources including: a. Human resources; b. means and infrastructure; and c. a source of funding.

(2) In addition to being supported by the resources as referred to in paragraph (1) the LKS must meetimplementation of LKS activities is carried out by

government, provincial and county/city as follows: a. Government by the Minister;

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b. province by governor;

c. District/city by bupati/mayor.

(2) The public has the opportunity to carry out oversight of the performance of the LKS in its sphere of territory.

(3) The supervision of the community as referred to in paragraph (2) may be exercised in the form of complaint by The public for the performance of LKS

BAB XII

MONITORING AND EVALUATION

Section Parts

Monitoring

Section 43

(1) To ensure a synergy, continuity, and effectiveness of step-strides in the conduct of policies, programs, and The development activities of the LKS, Government, provincial government, and district/city governments conduct monitoring.

(2) Monitoring as referred to in paragraph (1) to know the development and obstacles in the implementation of policies, programs, and LKS development activities.

(3) Monitoring is conducted regularly through coordination and direct monitoring of regional device work units carrying out LKS policies, programs, and development.

Second Section

Evaluation

Article 44

(1) Evaluation of policy execution, programs as well as LKS development activities are carried out by the end of the year by the Minister, governor, bupati/mayor according to his authority.

(2) Results evaluation evaluation results, programs and development activities of the LKS are used various input materials for the drafting of policies, programs, and activities for the next year.

Article 45

Monitoring and evaluation is carried out as LKS security alignment and quality control.

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BAB XIII

AWARDS AND SUPPORT

Article 46

(1) The outstanding achievements and great influence on the success of the Social Welfare are given the award and support from the government.

(2) The award as referred to in paragraph (1) is provided in the form of a charter, plaque, medal, star, satyalancana, and/or any other form in accordance with the provisions of the laws.

(3) Support as defined in paragraph (1) of the facilitation and guidance of the Social Welfare, the granting of stimulants, institutional development and strengthening, and the granting of the training and the provision of the expert power.

BAB XIV

ADMINISTRATIVE SANCTION Article 47

LKS which organizes Social Welfare that does not perform the registration as referred to in Article 13 of the paragraph (1), the sanction of a written warning or termination temporary from activities.

Article 48

(1) The Foreign LKS is not have an operational permit as referred to in Article 22 of the paragraph (2) or do not have the technical permission as referred to in Section 26 of the administrative sanction of the:

a. written warning;

b. a temporary termination of activities; and/or

c. administrative fines.

(2) The Foreign LKS that do not report its contents periodically as referred to in Article 26 are administrative sanction is:

a. written warning;

b. temporary termination of activities;

c. administrative fines; and/or

d. Permission revocation.

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(3) administrative sanction as referred to in paragraph (2) and paragraph (3) is specified by the Minister, governor, or regent/mayor in accordance with its authority.

Article 49

A written warning as referred to in Section 47, Section 48 of the paragraph (1) of the letter a, and Section 48 of the paragraph (2) of the letter is done as much as 3 (three) times with a timeout of 14 (fourteen) working days between the first warning and the subsequent warning.

Article 50

In case of a written notice of 3 (three) times as referred to in Article 49 is not adhered to, Temporary termination of activities.

Section 51

In the event of the temporary termination sanction of the activities as referred to in Article 50 is not adhered to within 14 (fourteen) business days, the Social Welfare Institute. is subject to administrative fines.

Article 52

Further provisions concerning the mechanism of administrative sanction are governed by the Regulation of Ministers.

BAB XV

TRANSITIONAL provisions

Section 53

All LKS that are already in place at the time of this Regulation can run its activities with the provision that in the slowest term of 1 (one) the year must conform to this Regulation.

BAB XVI

provisions CLOSING

Article 54

With the provisions of this Regulation, then the Decision of the Social Minister Number 40 /HUK/KEP/X/1980 on Social Organizations revoked and declared not in effect.

Article 55

This Regulation is made as the Norma, Standard, Procedure, and the Criteria (NSPK) governing the Social Welfare Institute.

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Article 56 of this Regulation begins to apply at the designated date. In order for everyone to know, order the authoring of this Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta On 23 December 2011 MINISTER OF SOCIAL REPUBLIC OF INDONESIA, SALIM SEGAF AL JUFRI

promulred in Jakarta On 28 December 2011 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, AMIR SYAMSUDDIN

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