Key Benefits:
The Government of the Republic of Indonesia has committed to abolish the criminal trafficking of people, by enacting Law No. 21 of 2007 on the Eradication of Criminal Trade Persons who not only provide sanctions to the perpetrator of a person's trafficking offence but also contains witness protection and/or victims of criminal trafficking offences. Specifically in the Act is regulated regarding the fulfilment of the rights of the victims in the witness protection framework and/or victims, especially those contained in Article 51 of the Act mentions that the trafficking victims of persons are entitled to the Health rehabilitation, social rehabilitation, repatriation, and social reintegration of the government if concerned are suffering both physical and psychological suffering from the trafficking of people. Furthermore to obtain such services as well as to protect witnesses and/or victims of criminal trafficking persons then Article 46 of the Criminal Trafficking Eradication Act mandates the need
www.djpp.depkumham.go.id
set up the Integrated Service Center for Witnesses and/or Victims of Trading Criminal Persons in each district/city.
As it is known that the Criminal Trafficking eradication Act is very protective of witnesses and/or victims of trafficking people, therefore in an effort to provide services to victims of trafficking people then mandated in The Act to create the rules of conduct is a Government Regulation governing the system of rules and mechanisms of the unified service for witnesses and/or victims of trafficking crimes, which in this case have been issued. Government Regulation No. 9 of 2008 on the Tata Cara and Service Mechanism Integrated Witness And/or A Victim Of A Trade Criminal. Further in Article 6 of the Government Regulation explains that to protect witnesses and/or victims, the District/City Government forms PPT which organizes health rehabilitation services, social rehabilitation, repatriation and social reintegration, including advocacy, counselling, and legal assistance.
The medical and psychological traumatic conditions of the coercion and the presence of witnesses and/or victims in exploitative conditions that lead to the required approach are oriented. on the fulfillment of the rights of the witnesses and/or victims of the rehabilitation health and social, repatriation, service or legal assistance, and reintegration that must be performed by the state. The principles of human rights, gender, and the best interests of the child must be integrated in all witness protection efforts and/or victims of criminal trafficking. Furthermore, in Article 7 of the paragraph (1) of the Government Regulation No. 9 of 2008 on the Tata Cara and Integrated Service Mechanism for the Witnesses and/or Victims of the Criminal Trafficking are mandated that in order to guarantee the quality of integrated services, the Minister assemble and establish minimum service standards and operational standard procedures that must be made a guideline for the implementation of integrated services. In accordance with the terms of the Agreement, the terms of this Agreement are the terms of the Agreement, and the terms of this Agreement are the terms of the Agreement. Citizens of Indonesia (WNI) who are in the RI Representative abroad who are organizing a unified service for witnesses and/or victims of trafficking offences, and a community-based Integrated Service Center/community that handles witnesses and/or Victims of criminal trafficking in and out of the country.
1.2. LEGAL BASIS
1) Law Number 7 of 1984 on Unrest Convention on the Elimination of All Forms of Discrimination Against Women (Convention Abolishment Of All Forms Of Discrimination Against Women) (Republican Gazette Indonesia Year 1984 Number 29, Additional Gazette of the Republic of Indonesia Number 3277).
2) Law Number 9 of 1992 on Immigration (Sheet Country Republic Indonesia Year 1992 Number 33, Additional Sheet Republic Of Indonesia Number 3474).
www.djpp.depkumham.go.id
3) Law No. 37 of 1999 on Foreign Relations (State Gazette Indonesia Year 1999 Number 156, Additional Gazette of the Republic of Indonesia Number 3882).
4) Law Number 39 Years 1999 on Human Rights (Sheet State Republic Of Indonesia In 1999 Number 165, Additional Sheet Of State Republic Of Indonesia Number 3886).
5) Act No. 23 of 2002 on Child Protection (State Sheet of Indonesia 2002 Number 109, Additional Gazette of the Republic of Indonesia No. 4235).
6) Law Number 32 of 2004 on Local Government (Indonesian Republic of Indonesia 2004 No. 125, Additional Gazette Republic of Indonesia No. 4437) as amended last by Act No. 12 In 2008 about the Second Amendment to the Law No. 32 of 2004 on the Government of the State (the State Sheet of the Republic of Indonesia 2008 No. 59, Additional Gazette of the Republic of Indonesia Number 4844);
7) Act No. 39 2004 On the Occupation and Protection of Indonesian Labour in Foreign Affairs (sheet of State of the Republic of Indonesia in 2004 Number 133, Additional Gazette of the Republic of Indonesia No. 4445).
8) Act No. 13 of 2006 on the Protection of Witness and Victims (State Gazette of Indonesia Year 2006 Number 64, Additional Gazette of the Republic of Indonesia Number 4635).
9) Act No. 21 of 2007 on the Eradication Of Trafficking Of Persons (sheet Of State Of The Republic Of Indonesia In 2007 Number 58, Additional Gazette Of The Republic Of Indonesia Number 4720).
10) Act No. 5 Year 2009 on Enactment Of United Nations Convention Against Transnational Organized Crime (UN Convention Against Organized Transnational Criminal (Sheet Country Indonesia Year 2009) Number 5, An Additional Sheet Of The Republic Of Indonesia Indonesia Number 4960).
11) Law No. 14 Year 2009 on Unrest Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Protocol to Preventing, Eradiating and Punishing The Criminal Trafficking Of People, Especially Women and Children, Completing The United Nations Convention Against Transnational Criminal Law) (sheet Of State Of The Republic Of Indonesia In 2009 Number 53, Additional Gazette of the Republic of Indonesia Number 4990).
12) Act No. 11 of 2009 on Social Welfare (State Sheet Indonesia's Republic of Indonesia 2009 No. 12, Additional Gazette of the Republic of Indonesia Number 4967).
www.din person), is an act that is contrary to human dignity and human dignity, as well as violating human rights (human rights), thus having to be eradicated. Indonesia is a source, transit, and trade destination of people.
The Ministry/Institute and society issues the data of the trafficking victims of different people, among them according to the International Organization for Migrantion (IOM), indicates that the trafficking victims of more women and children, namely in the period of March 2005 s/d March 2010 have occurred people's trading activities with victims of 76.20 percent are females, 23.80 percent were children, and according to the gender, 9.59 percent are male and 90.41 percent women.
Some forms of trafficking crimes persons experienced among other sexual exploitation, economic exploitation, bride mail order (mail order bride), contract marriage, were promised to work abroad on a salary jpp.depkumham.go.id
13) Law Number 36 Year 2009 concerning Health (State Sheet Of The Republic Of Indonesia In 2009 Number 144, Additional Gazette Of The Republic Of Indonesia Number 5063).
14) Law No. 48 of 2009 on the Power of Justice (State Sheet of Indonesia Year 2009 Number 157, Additional Gazette of the Republic of Indonesia Number 5076).
15) Government Regulation No. 38 of 2007 on the Partition of Government Affairs between Government, Provincial Government, and District/City Local Government (Indonesian Republic of Indonesia 2007 Number 82, Extra sheet) Republic of Indonesia Number 4737);
16) Government Regulation Number 9 of 2008 on the Tata Cara and Integrated Service Mechanism for Witnesses and/or Victims of Trafficking Persons (a State Sheet of the Republic of Indonesia 2008 Number of Countries) 22, Additional Gazette Republic of Indonesia Number 4818).
17) Presidential Regulation No. 69 of 2008 on the Prevention and Handling Of Criminal Trafficking.
18) Presidential Decree Number 36 of 1990 on Ratification of the Convention on the Rights of the Child (Convention on the Rights) "Of The Child") (State Of The Republic Of Indonesia 1990 Number 57).
19) Kapolri Regulation No. 10 Year 2007 on Organization and Working Unit of Women and Child Services (PPA Unit) in the Environment of the State Police Republic of Indonesia.
20) The Regulation of the Minister of Foreign Affairs No. 4 of 2008 on Citizen Service in Representative of the Republic of Indonesia in Foreign Affairs.
21) Kapolri Regulation No. 3 of 2008 on the Establishment of the Special Service Room and the Tata Way of Witness Examination and/or Victims of the Trafficry of Commerce People.
22) The Law of the Minister of State Women's Empowerment of the Republic of Indonesia No. 1 Year 2009 Minimum Service Standards of Service for Witnesses and/or Victims of the Trafficking Criminal persons in the District/City.
23) Ordinance of the Minister of State Empowerment of Women and Protection of the Republic of Indonesia No. 1 of 2010 on the Standard Service Standard of Integrated Services for Women and Child Victims of Violence.
24) Ordinance of the Minister Nation of Women Empowerment and Protection of the Republic of Indonesia No. 5 Year 2010 on the Creation and Development Guide of Integrated Services Center.
25) Health Minister Regulation Number 1259 Year 2009 on Technical Lead The Ministry Of Jamkesmas For The Poor As A Result Of The Disaster, The Poor People Of The Orphanage Social, and the Impoverished Society of the Residents of the Institutional Society as well as the State Prisoners House.
www.djpp.depkumham.go.id
26) The Regulation of the Social Minister of the Republic of Indonesia No. 102/HUK/2007 on the Establishment and the Services of the House of Protection and Trauma Center.
27) The Ordinance of the Minister of Health Number 1226 of 2009 "On the Governing Guidelines of the Integrated Services" of the Victims of Violence against Women and Children in the Hospital.
28) The Regulation of the Coordinating Minister for People's Welfare Number 25 of 2009 on the National Action Plan of Eradication of Tindak Criminal trafficking of Persons and Sexual Execitation of the Child of the Year 2009-2014.
1.3. INTENT AND PURPOSE
1.3.1 Mean
The intent of drafting this Operational Standard Procedure can be made a reference to the Integrated Services Center of the Central and Regional Governments, the Indonesian Citizen Service Units (WNI) that are in the Representative of the Republic of Indonesia, and the community-based Integrated Services Center/society that organizes integrated services for witnesses and/or victims of trafficking people.
1.3.2. Objectives
The purpose of drafting the Operational Standards Procedure is that there is an increase in services and witnesses and/or victims of trafficking crimes people get identification services, health rehabilitation, social rehabilitation, Repatriation, legal assistance, and social reintegration are optimal.
1.4. SCOPE
The scope of the Integrated Service Operational Procedure for Witnesses and/or Victims of Trade Criminal Persons including the procedure of service: a. A complaint/identification; b. health rehabilitation; c. social rehabilitation; d. A replay; e. legal aid; and f. social reintegration.
1.5. OBJECTIVES
Target of this Operational Standard Procedure is:
1. The Central and Regional Government Integrated Services Center. 2. Indonesian Citizen Service Units (WNI) which are in the RI Representative at
Foreign Affairs which organizes integrated services for witnesses and/or victims of trafficking people.
www.djpp.depkumham.go.id
3. Community/community-based Integrated Services Center.
1.6. Understanding
In this Operational Standard Procedure, which is referred to:
1. Standard Operating Proceed procedures, which are further abbreviated to PSO, are standard measures that must be performed in the handling and protection of witnesses and/or victims of criminal trafficking of persons ranging from complaint/identification, rehabilitation health, social rehabilitation, legal services, up to the repatriation and social reintegration of witnesses and/or victims.
2. Trafficking of Persons is the act of recruitment, transport, shelter, shipping, transfer, or acceptance of a person with threats of violence, use of force, kidnapping, sealing, counterfeiting, fraud, abuse of power or position Vulnerable, payment of debt or payment or benefit, thus obtaining the consent of the person who is in control of the other person, whether committed in a country or between countries, for the purpose of exploitation or cause. The man is exploited.
3. Exploitation is an act with or without the consent of the victims covering but not limited to prostitution, labor or forced services, slavery or similar practices of slavery, oppression, extortion, physical use, sexual, organ reproduction, or against the law of moving or transplant organs and/or body tissues or utilizing one's power or ability by other parties to benefit both materiel and immateriil.
4. The People's Trade Act, which is subsequently abbreviated to the TPPO, is any act or series of actions that meet elements of the trafficking of the trafficking of persons specified in the invite-invite.
5. Threat of Violence is any act against the law of speech, writing, image, symbol, or movement of the body, either with or without the use of a means of fear or to curb a person's freedom of nature.
6. The child is someone who has not been 18 (eighteen) years old, including a child who is still in utero.
7. Child trafficking is recruitment, transport, transfer, concealment or acceptance of a child for the purpose of exploitation, in or between countries, which includes, but is not limited to child prostitution, child pornography and other forms of sexual exploitation, child labor, forced labor or service, slavery or other practice resembling slavery, servitude, transfer or sale of organs, use of prohibited/illegitimate activities and participation in conflicts armed, without considering a consent of a
www.djpp.depkumham.go.id
the child or the consent of a person who has control of a child or person who has custody of the child or is well in the elements of this kind.
8. A victim is a person who suffers from a sible is given
health rehabilitation covering non-critical services, critical semi-critical services, critical services, and medicolegal services in accordance with the victim's condition. Medical records must contain the complete results of the victim's examination as it can be used as a judicial material.
c. If the victim has no physical injury, and is identified as requiring
counseling for her psychic recovery, then the victim enters a social rehabilitation stage that includes a social contract, a treaty with the victim for approval. getting social services, conducted early counseling, advanced counseling, mental and spiritual guidance, assistance, referrals, and home visit as family and environmental preparation to receive victims by coordinating with Social services and other agencies/related services.
d. If a victim requires legal aid then it is done after the process
A rehabilitation of health, social rehabilitation, or may be directly provided if the victim does not require such rehabilitation. Legal aid was provided from witness protection and/or victims, proceedings of the BAP investigation and investigation in the police, the prosecution's proceedings in the prosecutor's office until the examination process at the trial. Included in it the legal aid to obtain the restitution of victims of TPPO processed by the police include the loss of the material and the non-material suffered by the victim, collected and attached at the same time as the case file.
e. Victims who are repatriated from abroad to the province and in the country
to the origin or family or replacement families, for the wishes and consent of the victim, or from within the country to the country of origin by staying at the service of the ministry. The protection and fulfillment of his needs. Based on the category of victims divided into victims of cross-border violence the country and domestic/domestic. The PPT performs the assistance of the victim who is already in service and will be sent home to the family and the replacement family. In the event of a violent victim coming from the State bordering Indonesia, then the role of PPT borders after the handover from the representative of the Republic of Indonesia, then the victim was immediately given the service by the PPT after it was PPT. conduct coordination with related agencies for the repatriation of the victims to the original area.
f. The final process of service for survivors is the social reintegration process,
where the victim is reunited with a family or family surrogate
www.djpp.depkumham.go.id
as well as the attempt to be readmitted by the family and the community. In this process, it is the economic and social empowerment and the debriefing of skills to be able to generate economically, as well as being given education for victims who are still in school and being cut off for being victims as well as the presence of the victims. Advanced monitor/advanced guidance, as well as home visit to monitor the condition of the victim after the process of unification with the family.
Guna reached the administrative order and the dateness required form every stage in the service process. Each service institution to use an agreed form standard to ease the recapitulation. The overall process of the service must also be based and not independent of the principles of Respect for Human Rights (Human Rights), avoiding gender bias and carrying out child rights. In addition to the overall service process provided the monitoring and evaluation is a feed back for the perfection of the services provided. The upper stages are the ideal stages given to the witness and/or victims of the TPPO. However, not all witnesses and/or victims obtain this service due to different conditions, resulting in different needs, or in the cause of another witness and/or victim (adults) rejecting those services. These phases do not always apply sequentially, but in implementations it is adapted to the needs of victims and/or witnesses. For example, victims may have legal assistance before, or after the repatriation.
In the entire service process, it is absolute that the protection and fulfillment of the rights of the witnesses and/or victims gets the highest priority and remains to be Important thing. The inherent thing of protection, is the principle of secrecy to ensure the identity, location, and state of the witness and/or victims of the TPPO are not revealed to the other outside of the scope of protection. It is very important to guarantee that the perpetrators of the TPPO and other parties do not try to intimidate, threaten or otherwise make someone the victim of the TPPO back. The implementation of this integrated service is supported by officers or officers who have been trained among others including health care, psychologists, counselors, psychiatrists, social workers, and chaperones provided by the agency or Related agencies. To ease the work of the officer, provided the appropriate means and infrastructure, as well as the forms along with the panel.
2.2. ROLE AND LIABILITY DIVISION
The division of the role is based on the needs of witnesses and/or victims of the same TPPO to get the scope of service in each of the regions starting abroad, the border area between the State of Indonesia with Foreign Countries, the Province, and the District/City. This is due to the differences in the mode and form of the TPPO, the disorder that the witness and/or victim experienced, as well as the psychosocial witness factor and/or the victim. Therefore, the witness is possible
www.djpp.depkumham.go.id
and/or victims found in critical condition abroad require all scope of service in overseas services, but there may also be witnesses and/or victims who are not impaired. physical so that it does not require recovery services (health rehabilitation and social rehabilitation) at the RepubIik Indonesia representative abroad. Therefore, there is a necessity for PPT in each of the locus of the course of the criminal trafficking of people, among others: destination, transit, and sender. The need for the formation of PPT abroad or institutions whose functions are similar to the PPT in particular the states where witness exploitation and/or victims are particularly urgent, because that is where the first access of witnesses and/or victims are looking and getting help, and the relevance of first aid to witnesses and/or victims in critical condition.
Another consideration in the division of roles and responsibility between regions is the presence of geographic factors that cause those areas The border gains a heavier obligation as it becomes the destination of the nearest repatriation. from the Indonesian RepubIik representative party in Foreign Affairs, and the closest reach of any witnesses and/or victims to return to the home country. This causes the border area to often have more to allocate resources for handling the TPPO. Another problem is the issue of budgeting limitations in the border areas that often affect the lack of service for witnesses and/or victims. The services of the PPT in the sender area are focused more on the coordination function and acceptance process of rep of Human, Gender, and Child Rights
www.djpp.depkumham.go.id
Attraction: The process of handling victims organized by PPT can be described as follows: a. Victims who came alone, through the referral process as well as those obtained
through outreach were implemented in identification of screening, assesmen and intervention plans according to the victims ' needs.
b. If the victim is injured then the victim as soon as pos nd competent medical personnel are required and have an understanding and ability about services that are principles of human rights, gender and child.
d. A translator, it is necessary that can communicate and translate both verbally and in writing, according to the needs of the service process.
e. The police are trained to provide assistance, investigation, investigation, prosecution, report, and report of the News Examination News (BAP).
3. Administrative staff, secretaries, public relations officers, and personnel are able to operate computers and communications tools including the internet, and control the information management system.
4. Financial staff, required to have bookkeeping and capable of operating computers including the internet.
5. Household staff is required that has a household enterprise skill set.
6. Security staff, are required who have skills in their field and are capable of accommodating and persuasive acts against witnesses and/or victims.
The number of human resources required above, adjusted to the workload and the number of witnesses and/or trade victims of people who come to the PPT as well as based on referrals from other service agencies. To improve officer professionalism, educational and training skills are required:
1. Training on the service and handling of the TPPO victims include identification, health rehabilitation, social rehabilitation, legal aid, repatriation and social reintegration of human rights, gender and child.
2. TPPO information management system training.
3. training for social workers and social chaperones regarding integrated service management and social interventions.
4. Management training and effectiveness of integrated services.
www.djpp.depkumham.go.id
2.4. ORGANIZATIONAL STRUCTURE
The organizational structure for the one-roof service can be:
a. The general chairman carries out the task:
1. Coordinate the formulation of policies, strategies, programs and activities as well as the measures required in the hosting of the PPT.
2. Conduct oversight and coaching on the execution of protection and handling of victims of violence.
3. Implement the policy established by the Governor/Bupati/Mayor. 4. Responsible for the overall process of alignment
protection and treatment of violence against victims of violence. B. Acting Chairman:
1. Coordinate the tasks and functions of each of the services fields incorporated into the Integrated Services Center
2. It controls the execution of the protection program and the handling of victims of violence.
3. Perform coordination and cooperation with relevant external parties.
4. Establish and utilize resources effectively and efficiently for the protection and handling activities of victims of violence.
5. It provides periodic reporting to local government (governors/bupati/mayor), specifically for victims of trafficking in people, and reporting is provided to the TPPO Prevention Task Force and the TPPO Handling Task Force.
c. Secretary/Humas on duty:
1. Assist in the execution of the duties of the General Chairman. 2. Help prepare for coordination and follow-up activities
protection, handling of victims of violence. 3. Help prepare a plan of the Central Task Group ' s work program. 4. Provide administrative services in the Task Force Group
Center with the Ministry/Society and Community Instituts to be members of the Central Task Force.
5. Organizes the service of the collection activities, processing and presentation of data as well as the drafting of the Secretariat activities report.
6. Fostering and carrying out cooperation relations with the Ministry/Society and the related Society Institute in the holding of prevention and handling of TPPO.
d. Treasurer:
1. Assisting the general chairman in PPT. 2. doing everything related to receipt, expenditure
finance.
www.djpp.depkumham.go.id
3. Make the financial statements delivered to the acting chairman and the general chairman.
e. Triage Service Field/complaint:
1. Conducting interviews and observation of the victim's circumstances. 2. Make a follow-up service recommendation. 3. Perform coordination and referral to advanced services and related parties. 4. Conduct the administration of the triage/complaint process.
f. Area of Health Rehabilitation Services:
1. Conduct inspection, treatment, and advanced treatment of victims.
2. Coordinating health rehabilitation and medico-legal treatment.
3. Conducting a medico-legal examination includes the collection of evidence on the victim and the creation of visum et repertum.
4. Perform a support check and a laboratory on evidence.
5. Do a consultation with an expert doctor or make a referral. 6. Create a case report.
g. Areas of Social Rehabilitation Services, Reintegration and Social Reintegration:
1. Doing a distraction during the case handling process. 2. counseling. 3. Conduct the Coordination with related agencies for the repatriation of the victim. 4. Create a progress report of the repatriation process and
social rehabilitation. 5. Conduct monitoring at least three months after the victim
repatriated to her family. h. Legal Assistance Service Field:
1. To defend each process of legal handling. 2. Make a report of the development of legal handling.
i. Administration, Data, Information and Reporting fields:
1. Do a letter of correspondence. 2. Perform document layout, archiving and mail numbering. 3. Perform collection, processing and analysis of PPT data. 4. Create a record and execute a report. 5. Create a system about a quality service assessment (from
the victim service user perspective). While the PPT is a network, the staff role is to participate in the structure and task, principal, and function (tupoxy) of each instance. Women's Empowerment Body and Child Protection in the Province, Kabupaten/City
www.djpp.depkumham.go.id
becomes leading sector as well as running coordination, monitoring, evaluation and reporting roles.
2.5. ADMINISTRATION SYSTEM
The administration system includes office administration and service administration, namely:
1. Office administration, covering administrative and administrative functions to support the hosting of services for witnesses and/or victims, consisting of:
(a) the drafting of the program and budgeting plans; (b) financial business; (c) documentation of office administration files; (d) records and maintenance of inventory items; (e) maintenance of equipment and means for activities; (f) executioners ' work settings such as absenteeism and activities schedule
per day; (g) Managing and Development of the IBM Cloud Service Materials-materials; and (h) report creation (attached form), documentation and dissemination to
the related agencies and the Secretariat of the Prevention andrograms and activities as well as the necessary measures in the hosting of the PPT.
2. At the executor level/functional officer:
a. Social workers or social chaperones, including communicative volunteers, have a background in science and skills, understanding and ability about human rights, gender, and child care.
b. Counselors, staff required counselors or staff counselors are on call, who have an understanding and ability about services that are principles of human rights, gender, and child.
c. Health officials, medical a entification is the first activity performed in this PSO, to obtain information or to dig up the required data in order of service delivery. This procedure will affect the success of the next procedure.
The purpose of this complaint/identification service is for:
1. know the truth of a person who "is reported as a witness and/or victim of TPPO".
2. know of the issues and conditions of the person suspected and/or victims of the TPPO, relating to physical, physical health conditions and
www.djpp.depkumham.go.id
psychosocial, status, document ownership and self-identity, financial condition, debt-receivable, security, as well as the desire in relation to its case.
3. knowing the needs of a person suspected of witnesses and/or victims of the TPPO which must be met immediately (temporary residence if victims from outside the area, protection if the victim is at risk of safety, treatment, distraction, etc.).
The complaint service/identification of observational activities and with attempts to dig up information from people suspected of witnesses and/or victims of TPPO, in the framework of granting rights to information and communication for witnesses and/or victims, for obtain proof/data about processes, ways, and objectives, to determine whether a person is a true witness and/or victim of the TPPO or not. This ministry is therefore very important to remember that this stage is done filtering whether a person can get a service for witnesses and/or victims of TPPO or not. Service/identification services performed by PPT officers who are trained in conducting identification of a suspected witness and/or victims of the TPPO, understand TPPO, the right of the victim, the right of women, the rights of the child, receive the victim of what it is, keeping privacy and privacy, not judgmental, empathy and responsiveness that make witnesses and/or victims comfortable and believe to tell about the problems she faces.
Things that need to be noticed in doing the process The complaint/identification is as follows:
1. In the case of witnesses and/or victims are children or indicated to be a child, then immediately find a companion (a guardian or officer) who serves as the guardian of the child, in which he will be assigned to the child in the process of the child. Next.
2. For witnesses and/or referral victims, complaint officers/identification perform verification of the identification and examination results performed by the referencing agency.
3. In terms of witnesses and/or victims showing signs of critical illness and requiring immediate or immediate medical action, officers immediately contacted the hospital/health officer to examine the witnesses and/or victims, or usher/refer to the home local pain if necessary.
4. In the case of witnesses and/or victims from other regions/states or have communication barriers, the interpreter is provided with an interpreter to assist the officer in identification.
3.2. THE
SERVICE MEASURES
As for the steps in the complaint/identification service are sbb:
1. The origin of the witness arrival and/or victim
The victim may be from 3 things:
www.djpp.depkumham.go.id
a. Range
interviews and observations are conducted by coming to the location where a person suspected of witnesses and/or victims of TPPO is reported. This is done if someone who is alleged to be a witness and/or the victim is having trouble coming to the PPT.
b. Come alone
The interview and observation are performed at the PPT when a person suspected of witnesses and/or victims comes to its own PPT to ask for help.
c. Referrals
Interviews and observations are performed for witnesses and/or victims who came to the PPT based on referrals from service providers such as the Center for Women and Child Empowerment Services (P2TP2A), the Child Social Protection Home (RPSA), The Trauma Home Protection Center (RPTC), the Labor Children ' s Protection Home.
2. Interview and Observation a. Interview
The interview is done after the witness condition and/or the victim is possible, using a list of questions (check list identification) that have been (attachments). The officer conducts an interview to know the identity of the witness and/or the victim, as well as to ascertain whether the correct is the witness and/or the victims of the TPPO. Items to be noticed in the interview:
1) Before conducting an interview
-Officers must request approval against a person suspected of witnesses and/or victims of TPPO to perform the complaint/identification by explaining that it will be safeguarded, privacy, and about the rights of other victims. The secrecy of the witness and/or the victim must always be respected at any time in the discussion of the witnesses ' needs and/or victims, in the way that someone accessed the witness and/or victim for an interview, in the process of the interview, in how data Classified after interview, etc. If necessary, the officer can explain what will be done to the caption obtained in the interview and ensure that the witness and/or the victim knew the aftermath of the interview he did. Under certain conditions, for example being asked by witnesses and/or victims, officers may need to explain how the records are stored, who has access, and so on.
-Officers explained to someone suspected of witnesses and/or victim TPPO, that the asked questions may cause discomfort or fear for him, but the officer will attempt to ensure security and ensure
www.djpp.depkumham.go.id
information will not be used to punish them. If needed and desired by a witness and/or victim, for example a woman or child, must be provided with an interview officer of the same sex as the witness and/or victim. Similarly, in terms of witnesses and/or victims from other regions/states or have communication barriers, then provided an interpreter to accompany the officer conducting an interview.
2) The interview process
-Was committed voluntarily And it can be stopped whenever witnesses and/or victims are at it.
-If the witness and/or victim's condition is possible, the officer attempts to gather the necessary information from the victim to support his status as a witness. And/or victims of criminal trafficking or not.
-In the victim's thing is women who are sexually exploited, during an interview the officer must ensure that the victim's life history and the stigma attached to the victim, will not be used to corner the victim or override the victim's report or Victim rights. The officer must also be careful of the sensitive issues that may be witnessed by witnesses and/or victims, such as sexual abuse (especially those at home or before the criminal trafficking of persons), children, family members, addresses. home, infected with sexually transmitted diseases or HIV, stopover with law enforcement, and illegal activities that they believe have been involved in them, such as fake documents, "prostitution", illegally crossing the limits, drug use. prohibited, and so on. are also widely conducted by the Swadaya Society. The source of the funding for social reintegration is listed in the Ministry of Social Affairs ' s Governing Filings (DIPA) which is sourced from APBN. Understanding that social reintegration is performed in the District/City area then the Social Services can team up with the Swadaya Society and the Daerah/SKPD Government Working Unit in the District/City area.
BAB III
PROCEDURE OF SERVICE /IDENTIFICATION 3.1. A SERVICE/IDENTIFICATION SERVICE
A complaint service/id t by a specialist doctor or OK, ICU, HCU and the witness condition and/or the victim is improving, then the witness and/or the victim will get advanced services.
b. Witnesses and/or non-Critical Victims will immediately get a medicolegal examination and follow-up handling as needed.
c. Witnesses and/or Victims of TPPO to obtain a free service must be supplemented by a referral letter from the Social Service cq. The home is concerned.
4. Advanced Handling a. Medical actions are operative and non-
operative actions performed both for diagnostic and medical purposes. B. Specialistic consultations are the requirements of c. Go home/outpatient or outpatient the needs of witnesses and/or
victims.
5. Recording Intervention and Development of Witness Condition and/or Victims in Database Documents The health development of witnesses and/or victims is monitored regularly, and the results are recorded in the Case Rekam Book, which is then administered in the system computerized database.
6. Follow-up Handling recommendations of medical and social services with the PPT chairman performing case conference and deciding on follow-up treatment/recommendation recommendations.
The Medical Services ' s Lur Victims of the TPPO according to the local health facility
JENIS
HOSPITAL SERVICES
Basic Medical Examination
Anamnesis and a thorough physical examination as well as a viral check
• Peripheral Blood Check
Anamnesis and a thorough physical examination. Virus check if possible or referral to polyclinic
www.djpp.depkumham.go.id
LComplete, blood type, complete urinalisa as well as pregnancy test
The indiscretion corresponds to the findings
The specialistic persuasion according to the findings
the nearest eye if there is a viral drop complaint
A blood and urine check in accordance with the availability of the facility
The current and referral of the service and referrals in accordance with the findings
Screening TBC Rontgen thorax PA Sputum check
in reference to the TBC Penatalacationals
in accordance with the findings, with referrals to the Puskesmas region of the patient's residence for therapy next
TBC clinical signs check, thorax rontgen check if the facility is available
A sputum check in any indication
The TBC Alackup is at the finding
Screening Hepatitis B
• A serology check for Hepatitis B
The Hepatitis B Tool at the time of the discovery
Persuasion for the Hepatitis serology check if there are clinical symptoms/signs
The inferences and referrals to the findings
Screening IMS serological examination for Sifilis (VDRL and TPHA)
gynecological examination eksterna and inspectus for the detection of the presence of the vagina body, Ulkus Molle, Herpes Genitalis, Kondiloma Akuminata, Limfogranuloma Venereum, etc.
Examination of vaginal and cervical apusan for the detection of Gonorea, Trikomoniasis, Vaginosis Bacterialis and Kandidiasis
The Penatalax is in accordance with the findings
Syndromic approach to STIs as well as an examination of the atsterna genitalia for the detection of the presence of the vagina body, Ulkus Molle, Herpes Genitalis, Kondiloma Akuminata, Venereum lymphogranuloma, etc.
The future stewardspeople and referrals correspond to the findings
Screening HIV/AIDS
The examination of HIV and CD4 serology matches in the findings
ARV treatment
Pated to the nearest VCT means if there were risk factors for HIV/AIDS
Klamidia ' s presumtive therapy and Mallection
Azitromisin 1 g, single dose
Albendazole 400 mg, single dose
Pirantel Pamoat single dose
Asesmen Detection ansietas and Detection ansietas and
www.djpp.depkumham.go.id
psychological depression with the Hamilton Scale
depression with the Hamilton Scale
Counseling 4.3. THE FORM USED
To improve the health rehabilitation service, then the form used is: 1. Health Rehabilitation Approval Form (informed consent). 2. Medical Form.
www.djpp.depkumham.go.id
BAB V
SOCIAL REHABILITATION PROCEDURE
5.1. SOCIAL REHABILITATION SERVICES
The Social Rehabilitation is aimed at helping to alleviate, protect and restore the physical, psychological, social and spiritual conditions of the witness and/or victims of the criminal trafficking of people so capable of Running his social functions back naturally. Social rehabilitation is performed by social workers, social escort officers, counselors, psychologists and psychiatrists who have obtained social rehabilitation training for witnesses and/or victims of TPPO, with human rights, gender, and child principles. The principle of social rehabilitation is as follows: 1. Security, i.e. providing protection to witnesses and/or victims
TPPO executed in a special place to be able to provide a safe sense of witness to and/or victims in certain term.
2. The effectiveness, which is the witness and/or the victim is dealt with immediately without convoluted procedures.
3. Professional, the handling of the witness and/or the victim is performed appropriately, systematically and measured by a trained force.
4. An interest in social rehabilitation is carried out together and across the sector in one service at PPT.
5.2. SOCIAL REHABILITATION MEASURES
The social rehabilitation measures are as follows:
1. Receipt of Witness Referral and/or Victim. Officers receive witnesses and/or victims, self-data, developmental data
victim conditions, as well as advanced recovery intervention recommendations (if witnesses and/or referral victims or already getting psychosocial rehabilitation treatment from institutions another) and perform analysis of such data.
2. Counselors do early counseling and do a condition check
psychic to make planning for social rehabilitation action. Initial counseling is done by looking at or verification of case record documents and record conditions with the goal among others to help the victim identify the problem and find ways that are effective in order to address it themselves, setting out its future. Alone and assisting the victims in the whole service process that he was running. At this stage the officer was more stressed on the excavation of the problem and the victim's desire in order to resolve its case.
3. The counselor made a deal with the witness and/or victim for planning the counseling schedule after being given information about the rehabilitation activities and the rights of the witnesses and/or victims.
4. The officer performs a outreach/search for the witness family and/or the victim, in support of the repatriation and reintegration process.
www.djpp.depkumham.go.id
15. Conduct coordination with the police force, the prosecutor, and the court in the monitoring of the proceedings.
16. Each stage in the legal aid procedure is recorded in case records and is administered in the witness handling database system and/or victims of the TPPO.
17. If the TPPO occurs abroad, the Repulic representative of Indonesia Abroad must provide and appoint an advocate or paralegal/companion of the law, for witnesses and/or victims of the TPPO in accordance with the needs of the legal process.
6.3. THE FORM USED
To support legal assistance, the form used is:
1. Report Acceptance Letter (for PPT archive)
2. Receipt of the Report Acceptance of Reports as a proof of proof for the victim
3. Identification Form (Screening Form)
4. Health and Social Rehabilitation Referral Letter (if
required)
5. Witness Protection Submission and/or Victim Protection submission to
LPSK or government owned shelter or community community/agency
swadaya society
6. Victim Approval Letter for Legal Assistance (Informed Consent)
7. Power Letter to the legal companion
8. Legal process monitoring form
9. Book Record.
10. Legal Help Database.
www.djpp.depkumham.go.id
BAB VII
PROCEDURE REPATRIATION
7.1. REPATRIATION SERVICES
repatriation services are intended to ensure safe and sheltered voluntary travel for witnesses and/or victims of TPPO, from shelters or shelter to a suitable residence in accordance with the Witness's wishes and/or victims. For witnesses and/or child victims, it must be certain of the principles of child rights principles, including special protection for the best interests of the child.
In some cases the repatriation is unilaterally the repatriation of the child. by victims without the supposed process or forced repatriation on their own or family requests and dismissing the repatriation services provided by PPT. In this case the PPT is unable to force the victim to continue to continue the service process and the decision must be made via case conference and allowed if the victim has no legal case but remains the victim must sign and fill a special repatriation form called the "Statement Home Statement" and the Form "Family Statement has Received the Victim" (for the case of children and adults judged to be unable to make their own decisions). In this case the cost of transportation and any risk will be borne by the victim or victim's family.
In the repatriation process, officers not only help ensure the sense of trust and well-being of the witnesses and/or victims during the experience full of pressure, but also ensuring that the perpetrators or those involved in the criminal trafficking act, cannot interfere with witnesses and/or victims at the repatriation stage. The long delay when witnesses and/or victims have been prepared will incur additional stress that may interfere with the development of health and social rehabilitation of witnesses and/or victims. Under applicable terms, the repatriation process may be facilitated using the means of air/laut/air transport.
In some cases the victim escaped from the PPT without the permission of the officer. If this is then the officer must report to the police and fill out a special form that is the form of "Lost Victim" That is attached to the victim's self-contained data and the BAP from the police.
Specifically in the service of repatriation, there are principles as follows: 1. Sukarela, i.e. repatriation must be done voluntarily, not
expulsion or coercion. 2. Safe and dignified, i.e. repatriation is done with regard to
the security guarantee of the disorder or treatment that poses a loss and violates the rights and dignity of witnesses and/or victims of TPPO.
3. The veneration of victims ' rights, the repatriation was done in honor of the rights of the victims and treated humanely. For
www.djpp.depkumham.go.id
An adult victim who has medical and psychological problems and child victims must be accompanied by the time of the process.
In situations where the repatriation of a child is safely home to her family is not enabling, or if repatriation is not a child ' s primary interest, then it is made an adequate care plan with respect to the rights and dignity of trafficked children. In this situation, it guarantees that a child who is able to form a self-view enjoys the right to express the view freely in all circumstances affecting him, in particular regarding the decision about the possibility of returning. to the family, the sight of the child given is in accordance with age and maturity.
7.2. REPATRIATION MEASURES
Based on the witness category and/or the victim is divided into witnesses and/or victims of cross-border TPPO of state and domestic/domestic. Based on the wishes of the witness and/or victims related to the repatriation, it is divided into:
a. Repatriation from overseas/cross-border country to debarcation point.
b. The repatriation of witnesses and/or victims in the Province to County/City.
c. Repatriation of witnesses and/or victims in County/City to family/family substitutes.
As for the witness repatriation and/or victim to a replacement family with a new society environment, caused by:
a. Witnesses and/or victims since d the Prosecutor General (JPU).
7. After the creation of a police report and supplementing the administration of the investigation, the investigator immediately made the SPDP's Noted Notice of Notices.
8. The SPDP is sent to the Prosecutor, Police and JPU can carry out coordination and cooperation in the handling of the TPPO reported by the victim, including the application of its pasts, so that the problem can be minimized as early as possible.
9. The JPU trained in human rights, gender, and child, after receiving a case file from investi isclosure of the problem have stated that not wanting to return to parents/guardians and family for various fundamental reasons, such as cracks, traumatized households, do not have people tua/wali or brother, shame, acculate debt, family does not accept witnesses and/or victims to go home, etc.
b. Witnesses and/or victims in the disclosure of a matter of desire to return to their parents/guardians and their home society, but the observed observations provide the results and recommendations that the witness and/or victims are not worth returning to Parents/guardians and community environment for various things, for example, non-harmonious family relationships, negative stigmatization of victim failure, debt loss, threat of target TPPO, no job field, or the victim's death. Parent/guardian (for child victims).
The following will be described the repatriation measures for all three types:
a. Repatriation of Overseas/cross-border States to Debarcation Point
The explanation of this type of repatriation measures is as follows:
1) The Representative of the Republic of Indonesia in Foreign Affairs is coordinating with the police force in the United States. Local country to help identify
www.djpp.depkumham.go.id
and provides assistance as well as protection to witnesses and/or victims of TPPO.
2) placing witnesses and/or victims of the TPPO while in the Indonesian Republican Representative shelters up to the return or during the trial process.
3) If witnesses and/or victims of TPPO are in the shelter Local state, Representative of the Republic of Indonesia in Foreign Affairs is coordinating with local law enforcement that they are eligible for proper treatment and their rights are protected and their residence permits are taken care of.
4) Ensure witnesses and/or victims of TPPO get recovery facilities (health rehabilitation and rehabilitation social) of the local authorities in the local state.
5) The Representative of the Republic of Indonesia in Foreign Affairs takes care and talks of the expenses of repatriation to Indonesia with officials in the local state. If the Representative of the Republic of Indonesia in Foreign Affairs is having difficulty in the repatriation of witnesses and/or victims of the TPPO, the Representative of the Republic of Indonesia abroad may cooperate with the international organization that takes care of the issue of the TPPO.
6) The Representative of the Republic of Indonesia abroad, through the Ministry of Foreign Affairs and the Ministry of Foreign Affairs contacted the central government agencies to notify on the date of repatriation, transport type, distraction, destination and travel route, informed to the victim including providing a name and address that can be contacted at the stoppage places, in anticipation of the event of an emergency.
7) The central government ' s Instancy is contacting the relevant local government to ensure that after being repatriate, the service supporting to restore the witness and/or the victim to be available.
8) District Attorney/City authorized, requesting a statement in writing of the parent/guardian and her environment in receiving the witness and/or the victim back to the family And the local community. Furthermore, the written statement was sent to the Representative of the Republic of Indonesia in Foreign Affairs with recommendations based on the results of observations on the economic, social, cultural, and security conditions of the family and its community environment.
9) Communication carried out Representative of the Republic of Indonesia in Foreign Affairs through the Ministry of Foreign Affairs cq. The WNI and BHI Protection Directorate
10) Officials in the Republic of Indonesia Representative abroad, prepare the Passport Laksana Travel Letter (SPLP) /passport and exit permit from the local State as well as the News Show's receipt of the witnesses and/or victim.
11) The witness of the witness and/or the Victims of the Representative of the Republic of Indonesia on Foreign Affairs to the Ministry of Foreign Affairs is evidenced by the News
-before:always; page-break-after:always">
4. Monitoring/Further Guidance:
a. Time: at least 1 month once, 3-6 months in case of a pack of cases. B. The monitoring is done through direct visits and phone relationships
or any other form of interaction about the witness development report and/or victim.
c. The monitoring includes the success and obstacles witnessed by witnesses and/or victims in the process of reintergration, health status, suffering from family and community rejection, abuse or sexual assault following the repatriation, and There is a threat from the perpetrators of the trafficking people.
d. Monitoring is conducted by PPT officers coordinating with related families and agencies (NGO officers, Community Social Workers, Taruna Reef officers, RT/RW/Kelurahan/Dinas/Kabupaten/Kota/Propinsi officers, paralegals, advocates, police, etc.). For certain cases requiring special monitoring where local agencies still require important additional information then the PPT side can first monitor directly to the location, coordinate and communicate the type of service. The side will be continued by the local agency.
e. If the parent/parent is suspected to be the perpetrator of the TPPO, the coordination with the related police force may include the protection of the victim's protection (especially one of the perpetrators in the area of the victim), by making a letter of the agreement that the parents would not repeat his actions in front of the police officer witnessed by a local escort and public figure.
8.2. FORM USED
To improve social reintegration services, the form used is: 1. A Social Reintegration Plan Form and a Funding Plan. 2. Form Monitoring. 3.
Set in Jakarta on November 25, 2010 MINISTER OF STATE FOR WOMEN ' S EMPOWERMENT AND PROTECTION OF THE REPUBLIC OF INDONESIA, LINDA AMALIA SARI
www.djpp.depkumham.go.id
c. Witness repatriation and/or Victim in County/City to Family/Family Replacement
1. Social/PPT/shelter/District/City shelters contact the family or replacement families where the victim will be discharged.
2. Victims are safely repatriated and accepted by family or family replacements.
3. Repatriation financing is charged to Social Instancy/PPT/shelter/District/City shelter or other sources.
www.djpp.depkumham.go.id
7.3. THE FORM USED To support the repatriation service, the form used is: 1. Voluntary Repatriation Form. 2. Form Giving (sharing) Volunteer Information. 3. Counseling and Sheet Information about: secure migration (safe migration),
TPPO, workers 'rights, women' s rights and child rights, reproductive health, legal aid.
4. Referrals to an economic empowerment institute in the area of origin/repatriation.
www.djpp.depkumham.go.id
BAB VIII
SOCIAL REINTEGRATION PROCEDURE
8.1. SOCIAL REINTEGRATION SERVICES
The social reintegration aims to restore or reunify witnesses and/or victims to families or families of substitutes or communities aiming to improve the ability of the witness and/or The victim was able to live her life back The need for the success of the social reintegration process is the presence of witness readiness and/or mentally victims and the ability of the SDM, family and community support, the security of the perpetrator ' s threat, economic economic opportunities, and the fulfillment of rights in particular witnesses and/or child victims. In order to achieve this goal, a number of support is needed to ease the reintegration process into society.
The social reintegration process is carried out by the District/City PPT officers in collaboration with the Kelurahan apparatus, the Organization Society/Swadaya Society, and government agencies that have economic and educational self-reliance programs. During this process, witnesses and/or victims are possible to obtain the service of recovery and legal assistance according to the needs of the victims. Social reintegration is a long process with inconvenient barriers that must be monitored in a system to prevent witnesses and/or victims being traded again.
If witnesses and/or adult victims decide to Reintegration into a new family and community, the government through the PPT is required to provide a temporary residence and source of income until the witness and/or the victim is independent.
In the case of the witness and/or the victim is child, reintegration is prioritied to restore or reunify with a family, another sibling, a surrogate family and/or society. To reintegration into a social institution or a home is only done as a last resort.
www.djpp.depkumham.go.id
The social reintegration steps are as follows:
1. Social pre-reintegration: a. Perform witness and/or casualty record recording studies
Reintegration recommendations made by PPT refer to witnesses and/or victims are referrals from PPT Province/Other Regions/Regions.
b. Search for a family and a witness environment and/or victim or family or family or surrogate family.
c. A family's or a surrogate family. Asking for witness approval and/or victims to get
reintegration services. For witnesses and/or child victims, consent is granted by a person/wali/companion with consideration of best interests for the child and child's view.
2. Assesment (Assessment):
a. Conduct an assessment or explore the need for reintegration of witnesses and/or victims, including economic potential, education, health, and social environment, in the repatriation area.
b. The decision of the witness reintegration and/or the victim is carried out by the Provincial/District/City PPT based on an asesment of witness reintegration needs and/or victims.
c. Make an intervention plan that reflects the principles of human rights, gender, and child, by considering the maintenance and integrity of ethnicity, tribe, culture, gender, and the religious identity and belief of the witness and/or victim, and consider the experience of sexual exploitation and violence experienced in the case.
3. Reintegration:
a. Conducting a repeat event for witness preparation and/or victims are being integrated and reinforcement of family or surrogate family readiness and the environment in receiving the victim.
b. Provide a description of the status of the witness and/or the victim, as well as the necessary documents (for example: The Population Card), if the witness and/or the victim loses the self-document.
c. Reintegration assistance is performed by coordinating with the District/City Government to the Village Government. Help include: i. Formal, non-formal and informal education, especially in witnesses
and/or child victims. If service access is not easy to reach for location reasons, funds and so on, then PPT can accommodate such services at the nearest location of the witness area and/or victim through government agencies and organizations. The people of the society.
ii. Training, guidance, physical/social and skill in the interest and talent of the witness and/or victim
iii. Provide access to witnesses and/or victims for internships in the world of business appropriate skills.
iv. Giving information on secure migration (safe migration), TPPO, workers 'rights, women' s rights and child rights, reproductive health, legal aid.
v. Help the venture capital and its development.
www.djpp.depkumham.go.id
