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Regulations Of The Institution Of Witness Protection And Victim Number 6 In 2010

Original Language Title: Peraturan Lembaga Perlindungan Saksi dan Korban Nomor 6 Tahun 2010

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arch for the completeness of the protection application requirements.

(2) Top Research The completeness of the requirements as referred to in paragraph (1) includes: a. Formyl; and b. Materials.

Section 6

(1) The material requirements are referred to in section 6 of the letter a containing another: a. full name, alias name, nickname; b. places /date of birth; c. type of Kelamin; d. address of the KTP and/or the address of the last residence (residence/domicile); e. ID number or other self-identity; f. religion; g. Marital status; h. work; i. a place to work; j. education; and k. The number and name of the Family Member.

(2) In addition to meeting the requirements as referred to in paragraph (1), the applicant is required to fill the application acceptance form at UP2 LPSK.

(3) The study of formyl requirements as referred to in paragraph (1), may examine the additional requirements of other identity data including:

a. Card family card; b. Message of wedlock;

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. The birth certificate of the por; d. Financial (banking) documents; and e. Insurance documents (if any);

Section 7

(1) The matter requirements as referred to in section 5 of the paragraph (2) hurub b contain another: a. chronological/brief description of an event experienced alone on the threat

relating to the case in the face; b. The authenticator as a witness and/or victim; c. documents authentically as referred to in the letter b, to indicate that

the applicant is a witness and/or a victim of a criminal offence or victim of a human rights violation (human rights) heavy;

d. Other documents related to the application are submitted according to the directions of the UP2 LPSK; and

e. if possible, it may refer to the identity of an alleged perpetrator;

(2) in addition to the material requirements as referred to in the paragraph (1), may collect information data related to any of the other: a. Results of the News Event Examination (BAP); b. The nature of the importance of testimony in matters; c. A police subpoenaed or a prosecutor's or a trial. Letter of report or information to related officials: police, State Commission,

government, Local government, relating to his testimony as a por; e. A letter from the related instance regarding its case;

Third Part

Tata cara filing

Section 8 (1) The applicant who came directly or through his legal power as referred to

in Section 4 of the paragraph (3) of the letter a and The letter c, submit a request and a requirement to UP2 LPSK.

(2) The accepted request should not meet the requirements of the file completeness, UP2 LPSK may request to the applicant to immediately supplement the requirements in accordance with this regulatory provision ..

(3) If all file requirements have been met and completed by the witness applicant and/or the victim themselves or by its legal power, UP2 LPSK is required to provide a proof of receipt of receipt and list the registration number.

Article 9

(1) The applicant of protection directed to the chairman of the LPSK by letter or request of authorized officials as referred to in Section 4 of the paragraph (3) letter b, the LPSK chairman forwarded the request for UP2 LPSK to be performed further research on the completeness of the requirements according to the rules of the This.

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(2) In order to obtain the fulfilment of the completeness of the protection application, UP2 LPSK can coordinate to the authorized officer or who is applying for.

(3) In addition to the terms as referred to in section 6 and Section 7, UP2 LPSK may request additional data or information related to any of the others:

a. Results of the News Event Examination (BAP); b. The nature of the importance of testimony in matters; c. A police subpoenaed or a prosecutor's or a trial. Letter of report or information to related officials: police, State Commission,

government, Local government, relating to his testimony as a por;

e. A letter from the related instance regarding its case;

Article 10 (1) The applicant who applied and has not met the requirements

as referred to in section 6 and section 7, is given the time limit for supplementing its application file Thirty (thirty) days since the request for protection was submitted to the LPSK.

(2) If within 30 (thirty) days as referred to in paragraph (1), the applicant does not complete the requirement, its application is declared unacceptable.

(3) The application is already considered complete by the UP2 LPSK, provide protection application treatise.

Fourth Section

Investigations and/or clarification

Section 11 Data and information obtained as referred to in Article 9 of the paragraph (3), if still required to use the The applicant, UP2 LPSK can conduct an investigation and/or clarification either against the applicant

Article 12 (1) Investigations and/or clarification, is conducted to delve into the nature of the importance of the captions

witnesses or victims, and/or threatening levels of the petitioner. (2) The investigation and/or clarification as referred to in paragraph (1) is performed by UP2

LPSK, in place or on the location where the applicant and/or the position of the official handling the case is concerned.

(3) the execution of Investigation and/or clarification as referred to in paragraph (2), may be followed by members of the LPSK and/or may include expert staff or other LPSK staff, based on the needs or directions of the LPSK chairman.

Section 13

The results of the Investigation as referred to in Article 12, are part of the request for protection and liability by UP2 LPSK, to be submitted in the Members ' Meeting.

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Fifth Section of the LPSK plenary session

Article 14

A meeting of LPSK Members, discussing the request of a protection applicant, for a decision to be accepted or by the request of the petitioner.

Article 15 (1) In the case of the request of the applicant, the request of the applicant is not to be taken. The decision of the LPSK Meeting declined the request, LPSK is obliged

notifying it in writing to the applicant with the reason of its refusal.

(2) Notices in writing to the applicant as referred to in paragraph (1), was given the slowest 3 (three) days after the Decision.

(3) In terms of The decision of the LPSK meeting received the applicant's request, LPSK informed it in writing to the applicant, legal authority, his family, or the official to apply for protection that his request had been received.

(4) The decision of the LPSK Members Meeting to receive the applicant ' ficient stamps. (3) The written request as referred to in paragraph (1) may be submitted by:

a. The applicant comes alone or through his family; b. Through authorized officials, among others:

1) a law enforcement apparatus that has the authority of conducting an investigation; 2) an authority granted authority in the Act to provide

witness protection and/or victims; and 3) agency or commission, which has the authority to protect witnesses

and/or victims; c. Through his legal power by showing the credentials of the petitioner;

and/or the victim; d. Through mail and/or electronic documents.

(4) The provisions of the manner of admission of the application of protection applications, are set further by the LPSK Regulation.

Second part requirements

section 5

(1) The written request as referred to in Section 4 may be subject to the review of UP2 LPSK to reses request as referred to in paragraph (3), becomes the Compulsory Decision.

(5) The provisions of the manner of the decision making meeting of the LPSK Members Meeting, is further set up with the LPSK Regulation.

Section 16

(1) The decision of the LPSK meeting of the LPSK member as referred to in section 15 of the paragraph (4) contains: a. Classification of the case or case: the weight, medium, or light encountered by

the applicant; b. Forms of protection granted to the applicant; or c. Allowance of procedural privileges.

(2) The Terms of the LPSK Members Meeting of the Meeting of the Members of the LPSK as referred to in paragraph (1), follow up by the Field of Protection.

BAB III

PREPARATION OF THE GRANTING OF PROTECTION

Section of the Protection Field

Section 17

The Protection Fields follow up the decision of the LPSK Members Meeting by compiling a plan for the implementation of the protection, by preparing it for another: a. A notification letter to the applicant, that his request has been received with

a gust as needed; b. A letter of notice to the instance in which the applicant ' s involvement in the case

the criminal in which it is committed; c. A statement of willingness to follow the protection terms for the applicant; and

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d. The concept of the agreement between the LPSK and the applicant.

Article 18 (1) of the LPSK Protection Field is held by one LPSK member, assisted by one person

expert power and some other staff responsible for granting protection. against a witness or victim.

(2) The responsibility of the Protection Fields is charged to the official as referred to in paragraph (1) based on Pokok ' s duty and inherent function as to the principal task and the LPSK Function.

(3) In addition to the provisions as referred to in paragraph (2), in the event of providing protection against witnesses and/or victims, the Protection Fields based on the results of the LPSK Member Meeting containing as referred to in Section 16.

Article 19

(1) The area of protection is responsible for the certainty that the witness and/or the victim entered the LPSK protection program after the request of the request was received by the concerned immediately to signed a statement of willingness, and signed a letter of agreement protection between LPSK with the applicant.

(2) Guna warrants at the certainty of the witness and/or the victims of the LPSK protection program as referred to in paragraph (1), the Protection Fields may present the pertined dating in the office LPSK.

(3) In terms of witnesses and/or victims may not be present in the LPSK office by because something the situation and conditions for the concerned are not possible to present at the LPSK office then officials in the Protection Fields may sign the concerned where he lives.

Second Part

Protection Agreement and Statement of Supplies Article 20

Before signing a protection agreement, the applicant is obliged to understand the concept of the protection agreement containing the material as follows: a. Comparator, i.e. the thing that explains the position of the Parties; b. Resital, i.e. the thing that describes the position and/or authority of the Parties; c. The underlying thing in the creation of theagreement; d. Classification of protection; e. Forms of protection; f. The rights and obligations of the Parties; g. The deadline of the agreement or the cessation of protection; h. Changes/ Addendum; and i. Budget.

Article 21 (1) In the Chair of LPSK agreement as the First Party and the applicant as Party

Second, each of which is called the parties.

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(2) The protection agreement as referred to in paragraph (1), is considered valid if it has been signed on a sufficient mat by the parties with the original 2 (2) and is held by each party.

(3) The example of the manuscript The Letter of the Agreement is made in an inseparable attachment from this regulation.

Article 22

(1) The letter of the Statement of willingness to follow the terms and conditions of the witness protection and the victims as in the provisions of the law, which has been signed by the witness and/or the victim, it is the part that does not In a protection agreement.

(2) Example the format of a statement of willingness as referred to in paragraph (1) is made in an inseparable attachment of this regulation.

Article 23

The protection program is declared In effect on the signing of the Agreement, the terms of the Agreement are subject to the terms of this Agreement.

CHAPTER IV HANDLING OF THE GRANTING OF PROTECTION

Section of the Case Classification Section/Case

Section 24

Classification of the case as referred to in Section 16 paragraph (1) the letter of a adjusted to the seriousness or importance of the captions and threats faced by witnesses and/or victims including: a. Weight; b. medium; and c. light.

Section 25

The perkara/heavy case classification as referred to in Article 24 of the letter a includes: a. His testimony can reveal the findings of the State ' s losses reaching nominal

at least 1 billion rupiah; b. criminal acts by corporations or instantional or number of perpetrators together-

equal more than 3 (three) persons; c. criminal events committed by public or public officials of the figure so that

draws the attention of the public, The position of the witness may be used as a matter of publicity by mass media print or electronic;

d. know, hear yourself a crime plan; e. can reveal an evil facatan network against a criminal offence between

another: 1. corruption; 2. terrorism;

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3. narcotics; 4. Severe human rights violation.

f. The threats faced by the witness and/or his family and his property are very serious to threaten his soul if it reveals his criminal events; and/or

g. the nature of the importance of the witness description.

Article 26

The perkara/case classification is as referred to in Article 22 of the letter b in testimony among others: a. can reveal the country ' s loss findings; b. criminal action by corporations or instantials; c. knowing, hearing itself a crime plan; d. can reveal an evil facatan network against a criminal offence between

another: 1. corruption; 2. terrorism; 3. narcotics; 4. Heavy human rights violations.

e. the threat faced by a serious witness to threaten his soul if it reveals his criminal events; and/or

f. the nature of the importance of the witness description.

Article 27 Classification of the lighm.go.id

. non physical; and c. law.

Article 29

(1) The form of a physical protection grant as referred to in Article 28 of the letter includes: a. security; b. Escorts; and c. Safe house placement.

(2) The provisions of the manner of security, guard, and escort as referred to in paragraph (1) letter a, letter b, and letter c are further governed by the LPSK regulations.

Section 30

(1) The form of non-physical protection is referred to in Article 28 of the letter b by holding a service service:

a. psychology; b. Doctor, c. A psychiatrist; d. Spiritual experts; e. The spirit of the f. social workers; and g. translator;

(2) The form of non-physical protection as referred to in paragraph (1) may be provided if a witness is mentally or traumatic, health, and difficult to speak Indonesian.

(3) The provisions of the given form Non-Physical protection as referred to in paragraph (1) is charged to the Field of Assistance.

Article 31

The form of legal protection as referred to in Article 28 of the letter c is given by convening: a. Legal advisory services; b. Contribute to the witness and/or victim at the time of providing the description

or her testimony in the ongoing criminal justice process, and have been faced; c. Provide the LPSK Chairman's recommendation letter delivered to the authorized officer

handling the case/device that contains the other: 1. a witness in giving a caption or his testimony to not get

pressure; 2. free from a question that is rodent.

d. Getting information about the development of the case; e. Obtain information about the court ' s ruling; and f. Knowing in terms of the penal is released.

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Third part of the protection

section 32

The fulfillment of the protection of the witness and/or victims executed in the case of the classification of cases and the form of protection grants as referred to in Article 24 and Article 28.

Article 33 In terms of providing the fulfillment of protection as referred to in Article 32 to the classification of the weight case as referred to in Article 25 includes: a. obtaining protection of security, security, escort, and

the distraction as specified in Section 29 of the paragraph (1) to its personal, family, and property;

b. obtaining protection of the security as it is referred to in the letter a relating to the testimony that is, or has been given it;

c. may participate in the process of selecting and determining the form of protection and support security.

d. obtaining a replacement for transportation costs according to the need; e. in the importance of a very serious testimony and threat in addition to the

protection as referred to in the letter a up to the letter d may obtain the rights to include: 1. got a translator; 2. get information on the development of the case; 3. get an infomation regarding the court ' s ruling; 4. got a new identity; 5. get a new place of residence; 6. Got legal advice; and/or 7. obtaining a temporary life-cost help until the protection deadline

ends.

Article 34 In providing the fulfillment of protection as referred to in Article 31 of the classification of the current cases as referred to in Article 26 includes: a. obtaining protection of security, security, escort, and

the distraction as specified in Section 29 of the paragraph (1) to its personal, family, and property;

b. obtaining protection as referred to in a letter related to the testimony that is, or has been given;

c. may participate in the process of selecting and determining the form of protection and security support.

d. obtaining a replacement for transportation costs according to the need;

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. in the importance of serious testimony and threats, in addition to obtaining protection as referred to in letters a up to the letter d may obtain the rights to include: 1. Got legal advice; 2. got a translator; 3. obtain information regarding the development of the case; and/or 4. get an infomation of the court ruling;

Article 35

In providing the fulfillment of the protection as referred to in Article 32 of the classification of the light case as referred to in Article 27 includes: a. can obtain protection for personal security; b. obtain legal protection; and c. obtain a distraction. D. in the importance of testimony and threat, in addition to being protected

as referred to in the letter a up to the letter c may obtain the rights to include: 1. Got legal advice; 2. got a translator;

e. the threat faced by a witness may interfere with psychiatric or psychologically or will not result in a threat to his soul.

Fourth Quarter

Emergency Protection

Article 36 (1) In terms of circumstances of certain situations and conditions against witnesses and/or victims, LPSK

can perform emergency protection. (2) Emergency protection as referred to in paragraph (1), perform

security measures, escorts, and place at a safe house, and may provide assistance to witnesses and/or victims in check on criminal justice process level.

(3) The terms of the terms of both formyl and Materil terms are referred to in section 6 and section 7 while being negligible.

(4) If the circumstances of the situation and conditions against the witness and the victim have been feel safe to be required for witnesses and/or victims to meet the specified requirements in this regulation.

The Fifth Section

Help Fulfillment Procedural Rights

Article 37 (1) In addition to the physical, non physical, and legal protection forms as

referred to in Article 28, LPSK provides help granting procedural rights fulfilment to witnesses and victims.

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(2) The form of procedural fulfilment of the procedural rights as referred to in paragraph (1) is granted legal protection in accordance with the provisions referred to in Section 31.

(3) Tata Cara regarding the granting of rights fulfillment The procedural is next set up with the LPSK Regulation.

Sixth Section of Protection

Section 38

Protection against witnesses and victims given since the issuer of LPSK Member Meeting as referred to in Section 16 of the paragraph (1), and terminated based on reason: a. Witnesses and/or Victims requesting that protection against him be stopped in case

a plea is filed on his own initiative; b. Upon request of an authorized official in the event of a protection request

against the Witnesses and/or the Victims based on the request of the officer in question;

c. Witnesses and/or Victims breached the provisions as written in the agreement; or

d. The LPSK argues that the Witnesses and/or Victims no longer require protection based on conclusive evidence;

e. Termination or changes in the security protection of a Witness and/or the Victim must be carried out in writing.

The Seventh Section

Monitoring

Article 39 (1) Monitoring grant, carried out after the LPSK Chairman set out

granting protection of good protection regarding case classification/case or protection forms.

(2) In terms of granting of protection to be exercised as appropriate, LPSK forms Team Monitoring

(3) Team Monitoring as referred to in paragraph (2), the task and responsibility is charged to the LPSK Members in the Protection Fields may be exercised by other LPSK Members or LPSK member staff in accordance with the need for the LPSK Chairman's instructions

Section 40

(1) In the implementation of the granting of the Protection of Protection to Consider the following conditions: a. Coordinate and maintain the relationship as best as the agency or

the agency in which it is charged; b. Avoided interfering in the subject matter and legal objects of the witnesses

and/or the victim;

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. Notes any development of cases faced by witnesses and/or victims; d. Notice of the state or the physical and psychic conditions of the witnesses and/or victims

(2) In terms of the execution of monitoring the protection of protection found things highly crucial to the position of the witness and/or the victim, the monitoring team can coordinate to the agency or the agency that handles the device.

Article 41

Finally monitoring the granting of protection, the acting team is obliged to report the slowest monitoring results 3x24hrs, and delivered to the Chairman LPSK with busan to other members of the LPSK.

CHAPTER V OVERSIGHT

Section 42

The supervision of the implementation of protection granted by LPSK Members is both collectively f and conducted by the Oversight Field

Article 43

Oversight of the execution of the granting of protection as contemplated in section 42 aims:

a. Ensure the implementation of the granting of protection against witnesses and or victims, the por according to the LPSK plenary decision

b. Ensure the implementation of the protection of the witness and or the victim is performed according to the principles of protection.

c. Ensure the execution of protection in accordance with the provisions of laws, code of conduct, and discipline.

d. Enhance the role and quality of the protection of protection against witnesses and or victims; and

e. Enhance the benefit of providing protection against witnesses and or victims to support the disclosure of criminal acts in the criminal justice process in Indonesia.

Article 44

The implementation of the surveillance is carried out in a way: a. Overseeing any activities performed by the Field of Protection in

fulfillment of protection as referred to in pasal33, section 34, section 35, section 36, section 37, section 37, and section 39;

b. Request a gust of results for the execution of the activity as referred to in the letter a;

c. Study and evaluate any activities as referred to in the letter a; and

d. Oversee the behavior and actions of each member for those carrying out tasks

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section VI Financing

Section 45

(1) Any costs incurred as a result in the implementation of the Witness Protection and/Victims protection manner charged to the LPSK Budget and

(2) Budgeted from the budget source others, in addition to the LPSK budget sources as referred to in paragraph (1), in accordance with the provisions of the laws.

BAB VII

CLOSING provisions

Article 46 of the LPSK Regulation is in effect from the set date

For everyone to know it, the LPSK chairperson Regulation is promulred by its placement in the News of the State

Established in Jakarta on 13 July 2010 CHAIRMAN OF THE WITNESS PROTECTION AGENCY AND VICTIM, Abdul Haris Semendawai, S.H., LL.M.

Reundfiled in Jakarta on 11 October 2010 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, Patrialis Akbar NEWS OF THE REPUBLIC OF INDONESIA IN 2010 NUMBER 502

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