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Regulation Of The Minister Of The Ministry Of Women Empowerment And Child Protection Number 15 Of 2010

Original Language Title: Peraturan Menteri Kementerian Pemberdayaan Perempuan dan Perlindungan Anak Nomor 15 Tahun 2010

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REGULATION OF WOMEN ' S EMPOWERMENT AND PROTECTION STATES

ANAK REPUBLIC OF INDONESIA

NUMBER 15 IN 2010 ABOUT

GENERAL GUIDELINES HANDLING CHILD DEALING WITH LAW

WITH GRACE GOD ALMIGHTY

MINISTER OF STATE EMPOWERMENT AND CHILD PROTECTION OF THE REPUBLIC OF INDONESIA,

DRAWS:

A. B. C. D. e. f.

that any child dealing with the law is entitled to survival, grows and develops as well as the right to obtain education, health, and social security services according to the physical, mental, and spiritual needs; that Law No. 23 of 2002 on Protection of the Child mandates that children dealing with the law are entitled to receive special protection from the Government and the public; that the implementation of the handling of the child dealing with the law is good. During the investigation, prosecution, or examination in the Court is not yet optimal. It is necessary to provide a unified service for the best interest of the child; that to provide special protection against the child facing the law requires institutional support and cooperation in the fulfillment of the child's rights; that to provide special protection against the child facing a unified law is required a General Guide about the Handling of the Child facing the Law; that based on consideration as a letter a, letter b, letter c, letter d, and letter e need to specify the Regulation of the Minister of State Women's Empowerment and Child Protection of the Republic of Indonesia on the General Guidelines of Child Handling Guidelines in front of the Law;

Given:

1. 2. 3.

Law of the Republic of Indonesia No. 8 Year 1981 On Criminal Event Law; Act Number 3 of 1997 on Children's Courts (sheet State of the Republic of Indonesia Year 1997 Number 3, Additional Gazette of the Republic of Indonesia Number 3668); Code Number 23 Of 2002 On Child Protection (state Sheet Of The Republic Of Indonesia In 2002 Number 109, Additional Gazette Of The Republic Of Indonesia Number 4235);

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Set

:

DECIDED: THE RULES OF THE MINISTER OF WOMEN 'S EMPOWERMENT AND CHILD PROTECTION OF THE REPUBLIC OF INDONESIA ON THE GENERAL GUIDELINES OF THE CHILD' S HANDLING OF THE CHILD ' S HANDLING OF THE LAW.

Article 1 In the Regulation of this Minister referred to: 1. Child is someone who has not been 18 (eighteen) years old. 2. Children dealing with the law are children as victims, perpetrators and witnesses. 3. The law enforcement is the Police, the Prosecutor, and the Court. 4. Related ministries are the Ministry of Law and Human Rights, the Ministry of Social Affairs,

The Ministry of Health, Ministry of Education, and the Ministry of Women ' s Empowerment and Child Protection.

5. Institutions or organizations related to legal assistance are institutions or professions that care about children and are established under the provisions of the rules of the law-invitation.

6. Related agencies are institutions that care for child protection especially in the handling of the child dealing with the law.

Article 2

With the Regulation of the Minister drafted the General Guidelines of Child Handling Guidelines ahead with the Law as set forth in this Appendix A Regulation of this Minister which is an inseparable part of the Minister ' s Regulation.

Article 3 of the General Handling Guidelines in front of the Law is intended to be a guideline or reference for law enforcement, ministries and related agencies, as well as related agencies or organizations with legal help of a child in the handling of a child dealing with the law.

4. 5. 6. 7. 8. 9.

Act No. 18 of 2003 on Advocate (Sheet State Of The Republic Of Indonesia In 2003 Number 49, Addition Of State Sheet Indonesia Number 4288); Law No. 20 In 2003 on National Education System (sheet) Republic of Indonesia Year 2003 Number 78, Additional Gazette Republic of Indonesia No. 4301); Law Number 11 Year 2009 on Social Welfare (Sheet Country Repubilk Indonesia 2009 Number 12, Additional Gazette) Republic of Indonesia Number 4967); Law No. 36 Year 2009 on Health (State of the Republic of Indonesia in 2009 Number 144, Additional Gazette of the Republic of Indonesia No. 5063); Presidential Regulation No. 5 of 2010 on the National Long-term Development Plan of 2010-2014; Presidential Decree Number 84 /P 2009 on the Establishment and Appointing of the Minister of State of the Cabinet of Indonesia United II;

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Article 4 of the Child Handling General Guidelines with the Law aims to equate perception and motion of steps for law enforcement, ministries and related agencies, as well as agencies or organizations related to legal aid In the care of the child dealing with a law that puts the best interests in the best interests of the child.

Article 5 of the Child Handling Common Guidelines with the Law contains about the outlines of the handling of the child dealing with that of the law. including mechanisms, procedures, services, coordination, cooperation, monitoring, evaluation, reporting as well as in the handling of the child facing the law.

Article 6 of the Child Handling General Guidelines facing the Law may be used by law enforcement, ministries and related agencies, as well as agencies or related organizations with Legal assistance in compiling operational standards of procedures and technical guidance each in accordance with the provisions of the laws.

Section 7 In carrying out the Common Child Handling Guidelines dealing with Law, law enforcement, ministries and related agencies, as well as agencies or organizations related to legal aid can conduct coordination, integration, synchronization and cooperation based on functional relationships for the best interest of

Article 8

The Minister ' s Regulation is beginning to apply on the set date. In order for everyone to know, the Regulation of the Minister of State for Women's Empowerment and the Protection of the Child is promulred by its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 19 October 2010 MINISTER OF STATE WOMEN 'S EMPOWERMENT AND PROTECTION OF THE CHILD REPUBLIC OF INDONESIA, LINDA AMALIA SARI

PROMULRED IN JAKARTA ON 19 OCTOBER 2010 MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA' S PATRIALIST AKBAR NEWS REPUBLIC OF INDONESIA 2010 NUMBER

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ATTACHMENT

REGULATION OF THE MINISTER OF STATE FOR WOMEN ' S EMPOWERMENT AND PROTECTION OF THE REPUBLIC OF INDONESIA

NUMBER 15 IN 2010 ABOUT

THE GENERAL GUIDELINES HANDLING CHILD DEALING WITH LAW

BAB I

INTRODUCTION

A. Child's background as a budding, potential and younger generation successors to the nation's struggles, has a strategic role and features special traits and properties that guarantee the survival of the nation and the country in the future. Children have specific characteristics compared to adults and are one of the vulnerable groups whose rights are still neglected, therefore child rights are important to be prioritized. In the Basic Law of 1945 in Article 28B Verse (2) it is said that every child is entitled to survival, grows and develops as well as entitled to the protection of violence and discrimination. The role of the child's strategic role as a successor to the ideals of the nation's struggle has been realized by the international community to give birth to a convention which essentially emphasizes the position of the child as a human being who must obtain He has. This was marked by the publication of the Convention on the Rights of the Child. Ratification of the Convention on the Rights of the Child was made by Presidential Decree No. 36 of 1990 on the Unrest of Convention on the Rights of the Child (Convention on the Rights of the Child). Furthermore, in order to perform the Convention, the government has an initiative to publish several laws for child protection, including the 1997 Invite-Invite of the Children's Court, the Act of Law. Number 39 in 1999 on Human Rights, and Law Number 23 of 2002 on Child Protection, Law Number 13 of 2006 on Witness Protection and Victims, Act No. 21 of 2007 on the Eradication Of Criminal-in-Law Trade people, and others. Such laws are expected to be the basis for the exercise of child protection, especially for children dealing with the law. Under the rules above, any child dealing with the law is entitled to be protected, both physical, mental, spiritual and social. In carrying out the duties of law enforcement apparatus and related agencies/agencies need to pay attention to the principles of the Convention on Child Rights and the Child Protection Act, i.e. the principle of non discrimination, the best interests of the child, the right to live, survival and development, as well as appreciation of the child ' s opinions. Of the various studies and mapping of the handling of the child facing the law is still found execution of the handling of children dealing with laws that have not been fully compatible with the provisions

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laws. This is due to the lack of socialization of the laws, so understanding and execution of the child's handling of the law still varies and tends to use different perceptions and the limited means. The infrastructure of a child dealing with the law. The high number of crimes committed by the child may bring an impact to the growing number of children who are in the criminal justice process. In the criminal justice process, most of the criminal offenders undergo detention in the State Prisoners (Recruit) and are subsequently convicted of serving a criminal in the Penitentiary (LAPAS). The number of LAPAS children today is still very less when compared to the number of cases of children dealing with the law, as a result of the detained children or inmates who are forced to stay one area with adult prisoners/inmates. These conditions bring bad implications for child development. In order to avoid this above and for the best interests of the child, the law enforcement is supposed to make a settlement of the case of a child facing the law with a restorative justice approach, as set forth in the The Convention on the Rights of the Child, The Beijing Rules, and the provisions of the laws relating to the child. In the handling of the child facing the law with a restorative justice approach, there needs to be coordination and cooperation between law enforcement officers (police, prosecutors, judges), advocates, Correctional Officer Hall (BAPAS), Correctional Institution Officer (LAPAS), Prisoner Home Officer (HIRING), Ministry of Social Affairs, Ministry of National Education and the Ministry of Health as well as other ministries related to the handling of the child dealing with the law. The coordination and cooperation other than for the common perception of perception is also for the alignment of motion motion. Regarding the handling of the child facing the law has signed a Joint Decision On the Handling of the Child facing Law by the Chief Justice of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, Head of the State Police Republic of Indonesia, Minister for Law and Human Rights Republic of Indonesia, Minister of Social Affairs of the Republic of Indonesia, and Minister of State for Women and Protection of the Child of the Republic of Indonesia on 22 December 2009. As a follow-up to the Joint Decision requires the General Assembly of the Child Handling Guidelines, which can be used as a reference to law enforcement authorities and related parties in the handling of the child dealing with the law.

B. Legal Runway

1. Article 28 B of the paragraph (2), Article 28 H paragraph (2) of the Basic Law of the Republic of Indonesia in 1945

2. Act No. 4 of the Year 1979 on Child Welfare. 3. Code No. 8 of 1981 on Criminal Events Law. 4. Act Number 12 of 1995 about Correctional. 5. Law Number 3 of 1997 on the Court of Children. 6. Law No. 5 Year 1998 on Unrest Convention

against Torture and Other Cruel in Human or Degrading Treatment or

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Punishment, dated 28 September 1998. (The Convention Against Torture and Treatment or Punishment of Other Cruel, Inhuman, Or Degrading Of Human Dignity).

7. Law Number 39 of 1999 on Human Rights. 8. Law Number 23 of 2002 on Child Protection. 9. Law No. 23 Year 2004 on the Elimination of Violence

In Household. 10. Law No. 13 of 2006 on Witness Protection and

Victims. 11. Law No. 21 of 2007 on the Eradication of Tindak

Criminal Trade Persons; 12. Code No. 44 of 2008 on Pornography. 13. Law Number 11 of 2009 on Social Welfare. 14. Presidential Decree No. 36 of 1990 on the Ratification of the Rights Convention

Son. 15. Instructions for President Number 2 of 1989 on welfare coaching

Child. 16. Decision with the Chief Justice of the Republic of Indonesia, Prosecutor

Agung Republik Indonesia, Head of the Indonesian National Police, the Minister of Law and Human Rights of the Republic of Indonesia, the Minister of Social Affairs of the Republic of Indonesia, and Minister Women's empowerment and the Protection of the Child of the Republic of Indonesia, Number: 166 A/KMA/SKB/XII/2009, Number: 146A/A/JA/12/2009, Number B/45/XII/2009, Number: M. HH-08 HM.03.02 Year 2009, Number: 10 /PRS-2/KPTS/2009; Number: 02 /Men.PP and PA/XII/2009 About Child ' s handling of the Child with Law.

17. UN Assembly Resolution No. 663C (XXIV) 1957 dated July 31, 1957 and UN Resolution No. 2076 (LXII) dated 13 May 1977 on Minimum Standard Treatment of Prisoners.

18. UN Assembly Resolution 40/33 dated November 29, 1985 on the United Nations Minimum Standards Regulation on the Administration of Child Justice (Beijing Rules).

19. UN Assembly Resolution 45/113 of December 14, 1990 on the Protection of the Deprived Child of its Independence (Havana Rules).

20. UN Assembly Resolution 45/112, December 14, 1990 On the UN Guidelines on the Prevention of Child Criminal Code (Riyadh Guidelines).

21. UN General Assembly Resolution 45/110 on 14 December 1990 on the United Nations Minimum Standard Regulation for Non-Incarceration Efforts (Tokyo Rules).

C. Understanding

In this General Guide referred to: 1. The child is someone who has not been 18 (eighteen) years

including a child who is still in the womb (Law No. 23 of the Year 2002 concerning Child Protection).

2. A CORRECTIONAL PROTÉGARY.

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a. The son of a criminal who is based on court rulings is serving a criminal in the LAPAS the longest until the age of 18 (eighteen) years.

b. The son of a child who was based on court rulings was handed over to the state to be educated and placed in the LAPAS the longest until the age of 18 (eighteen) years.

c. A child's child, which was at the request of an elderly person or her guardian, obtained a court order to be educated at the LAPAS of the oldest child until the age of 18 (eighteen) years. pursuant to Section 1 of Item 8 of the Law No. 12 of 1995 on Correctional

3. A child with the Law is a child as a victim, a perpetrator and a witness.

4. A correctional facility is a correctional technical unit that handles the coaching of a correctional client consisting of penal penal (adult and child), convicts who get parole, leave of absence, as well as the country's children. who got parole or handed over to a foster family, the country 's son who got a free leave of absence, and the country' s son who was by the judge was dropped back to his parents.

5. Discretion is the authority granted to the police pursuant to

the legislation to take decisions in certain situations according to its own judgment, for the sake of the general interest, is still within the limits of its jurisdiction, and is not in violation of the The principle of good governance is good (AUPB).

6. A child judge is a judge whose appointment is set on the basis of a Supreme Court decision on the proposal of the Chairman of the Court of State concerned through the Chairman of the High Court (Article 9 of the 1997 Act of the Children's Court), who has been experienced as a judge in the court in the Public Judicial environment and has interest, attention, dedication and understanding of child issues (Article 10 of the Law No. 3 of 1997 concerning the Children ' s Court).

7. A child prosecutor is a public prosecutor whose appointment is based on the Decree of the Attorney General or other officials appointed by the Attorney General (Article 53 of the Law Number 3 of 1997 and the Circular Letter of the Attorney General Number SE-002/J. A/4/1989).

8. Restorative justice is a fair settlement involving

perpetrators, victims, their families and other related parties in a criminal offence to jointly seek settlement of such felon and to the end of the crime. the implication, by emphasizing the reinstatement of recovery to its original state.

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9. A correctional client is a person who is in the service, guidance, supervision and assistance of correctional guidance in and outside the child criminal justice system.

10. The Law Relief Society/Child Society Institute is the institution

independent non-government that cares for the child.

11. The Institute of Corrections (LAPAS) is the place to carry out the coaching of inmates and correctional protéges.

12. The Children's Correctional Institution (LAPAS Child) The child's penitentiary is a correctional unit that holds, takes care of and fostered the country's children.

13. The Child Social Welfare Organizing Institute is an institution that conducts guided, integrated and sustainable efforts undertaken by the government, local governments and communities in the form of child social welfare services, among others through the technical Managing Unit (UPT), the regional technical managing unit (UPTD), the ABH Social Rehabilitation and Protection Committee, the community-based and other child social welfare agency partners (LKSA).

14. General Guidelines Handling ABH is a guideline that can be used as a reference to law enforcement, government, provincial government, district/city, organizations/social institutions/social bodies, lawyers and other correctional institutions in the United States. ABH handler.

15. A Social Worker is a working person in both government and private institutions, who have social job competencies and professions and care in social work acquired through education, training and/or practice experience. in social work to carry out service duties and social handling (Invite-Invite Number 11 of 2009 on Social Welfare).

16. Correctional is an activity to conduct coaching on the Citizen of Penitentiary based on institutional systems and the way of coaching that is a subsystem of the penal system and the criminal justice system.

17. A correctional advisor is a functional law enforcement official who carries out correctional research, guidance, supervision, and assistance to correctional clients in and outside the criminal justice process.

18. ABH handling is the handling of the ABH case, either through formal lines, nor alternative coaching, conducted by various agencies/related agencies, either law enforcement, government, provincial, county/city government and Social organizations/social bodies, lawyers and other correctional institutions with systematically, comprehensive, sustainable, and integrated networks.

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19. A child investigator is an investigator defined by the Decree of the Chief of the Republic of Indonesia or other officials appointed by the Chief of the Republic of Indonesia (Article 41 of the Order Number 3 of 1997 on the Court of the Child).

20. The State Prisoners House is where the suspect or defendant is detained

during the process of inquiry, prosecution and examination at the court hearing (Article 1 item 2 of the Government of the Government of the Republic of Indonesia Number 27 of 1983 on Execution of KUHAP).

21. A unified criminal justice system is a judicial system involving related parties (police, prosecutors, judges and corrections) that are a judicial network by using criminal law as a primary means, both materiel and formyl.

22. Child custody is a detained child and is undergoing proceedings

the investigation, prosecution and examination at the court hearing.

23. The Women and Child Services Unit is a unit in charge of providing protection in the form of protection against women and children who are victims of crime and law enforcement against the culprit.

24. The ANDIKPAS is a LAPAS/HIRING officer who performs the task

the interchange, against ANDIKPAS during the coaching process in LAPAS/HIJES/XX_ENCODE_CASE_ONE lapas/XX_ENCODE_CASE_ONE lapas/recruitment.

D. Scope

The General Guidelines Handling of ABH this set about handling of the child dealing with the law as a perpetrator, victim and witness of a criminal offence.

E. Mean and Purpose Drafting The Common Guidelines Handling ABH this is intended as a guideline or reference for law enforcement officials, agencies and related agencies in an effort to provide special protection against the child facing the law. The ABH ' s General Guidelines aim to equalize the perception and motion of law enforcement apparatus in ABH handling with a restorative justice approach to the best interests of the child.

F. Target

1. Police, Prosecutors, Courts, Ministry of Law and Human Rights, Ministry of Social Affairs, and Ministry of Women ' s Empowerment and Child Protection.

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2. Other related ministries, such as the Ministry of National Education and the Ministry of Health, as well as the institution/organization of legal aid.

3. The parents of the child who are dealing with the law. 4. The organization/social social body cares about the child.

BAB II

DIRECTION POLICY

A. The direction of Child Protection Policy

Based on the 2010-2014 RPJMN, child protection improvement policy was directed at: 1. increased access to quality services, increased

child participation in development, and attempt to create a child-friendly environment in order to support the growing of the child ' s fireworks and survival;

2. increased child protection from violence and discrimination; and 3. the improvement of the institutional effectiveness of child protection. In order to achieve the direction of the policy, child protection is exercised through three priority focus. 1. The improvement of the quality of growing outgrowth and child survival,

among others through: a. improved accessibility and quality of child development programs of age

early; b. improving the quality of child health; and c. an increase in reproductive health education for adolescents.

2. Child protection of all forms of acts of violence and discrimination, among others through: a. the improvement of rehabilitation and social protection of the child; b. increased protection for child workers; and c. the removal of the child ' s worst workers; and d. increased protection for children dealing with the law.

3. Increased institutional capacity of child protection, among others through: a. the drafting and harmonization of related laws

child protection; b. increased child protection managing capacity; c. increased data provisioning and child protection information; and d. Increased coordination and partnership between stakeholders

regarding the fulfilment of child rights, both local, national and international.

B. The direction of ABH ' s handling policy

In order to carry out the handling of ABH then its policy is directed to the completion of child cases with the restorative justice approach conducted by various agencies/related agencies, both law enforcement, government, provincial, county/city governments and organizations/

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the social institutions of society, lawyers, and other institutions of society with a systematic, comprehensive, continuous, and unified network. A. The restorative justice principle

In the settlement of the child case with the restorative justice approach, it needs to depaniate the principles of restorative justice: a. make the violator be responsible for fixing the loss

incurred by his misdeeds; b. provides an opportunity for offenders to prove

its capacity and quality by overcoming the sense of guilt constructively;

c. involving the victims, parents, large families, schools, and peers;

d. created a forum to cooperate in resolving the problem; e. establish a direct and real relationship between errors and reactions

formal social.

Completion of a child ' s case with a restorative justice approach is obliged to pay attention: a. Victim's interest; b. welfare and child responsibility; c. avoidance of negative stigma; d. Revenge avoidance; e. the harmony of the community; and f. The wrineness, the decency, and the public order.

B. Pre-requisite restorative justice approach

a. Perpetrator

1) The Age of the Child

In the handling of the child's case as the perpetrator of the criminal, his henchmen always pay attention to the age of the perpetrator, the younger the offender's age is increasingly important for a solution to the justice approach Restorative. The age of criminal liability in Indonesia is 8 (eight) years (in the Draft Law of the Criminal Law and the Draft Law of the Criminal Justice System of the Age of criminal responsibility of the 12-year-old child criminal liability), meaning no A child under eight (eight) years who can be held responsible for criminal responsibility for committing a crime. If there is a child under 8 (eight) years committing a crime, indicated there has been a very serious problem, even though the child does not understand the aftermath of the act. For the handling of such cases, the settlement through the judicial process will not be effective, therefore it needs to be handled by competent agencies or agencies in a way

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refers to educational institutions, social services services or related community agencies.

In a given condition, a child aged between 8 (eight) up to 12 (twelve) years can be processed through formal law, but it cannot be subjected to detention or imprisonment. For a group of children under 12 (twelve) this year, the handling of the restorative justice approach must be the first priority.

The child above 12 (twelve) years old can be processed through the formal legal process, The restorative justice approach must be the first priority and the imprisonment is the final attempt.

2) The recognition and regret of the perpetrator

The completion with the restorative justice approach will be effective. if the child admits the deed and regrets it. Child recognition and remorse for such acts should not be enforced with threats or persuasion in return (to be solved by the restorative justice approach). A settlement with a restorative justice approach cannot be considered if the child does not acknowledge the deed and does not regret it.

3) The Condition of the Child as the Perpetrator and the number of Criminal Tindak that

Dive the Completion Child with Restorative justice approaches must pay attention to the condition of the child while committing a felony. If the driving factor of the child commits a criminal offence beyond the control of the child and the child commits a criminal act for the first time, then the settlement with the restorative justice approach is conducted by means of mediation or family deliberation. Involving the victim, the perpetrator and his family are the top priority.

b.

A criminal case involving a child as a perpetrator must be attempted to resolve with a restorative justice approach. In the event of a child's settlement, his will be considered a serious crime and the number of felon committed. A category of criminal acts that is threatened with criminal sanctions up to 1 (one) years should be prioritised for discretion. It does not need to be processed through formal law, given enough orally or written warnings.

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The category of criminal acts threatened with criminal sanctions of more than 1 (one) year and up to 5 (five) years prioritised to be completed by a restorative justice approach, by means of mediation or family deliberation It involves the victim, the perpetrator and his family. The category of felon is threatened with criminal sanctions of more than 5 (five) years, which does not result in severe injuries and loss of life can be solved by a restorative justice approach, by means of mediation or family deliberation with involve the victim, the perpetrator and his family. The first child to commit a criminal act is prioritised to be solved by the restorative justice approach, by mediation or family deliberation, by involving the victim, the perpetrator and his family. However, the settlement with the Restorative justice approach must be kept against the child who had previously committed a criminal offence, considering the condition of the victim, the perpetrator and his family.

c. Victim

1) Impact of the conduct against the victim.

Every crime would have a different impact for each of the victims. The loss suffered by the victims as a result of a criminal act can be physical, psychic, material and social that could have a serious impact on the victim. Thus the victim required a different response to the same criminal offense.

2) The victim's approval

For a case that had a serious impact on the victim, then the victim's consent was indispensed in the settlement of the child's case. Whereas, for cases that do not have a serious impact on the victim, there is no need for the victim's consent in the settlement of child matters.

3) The participation and opinion of the victim

In the handling of ABH with the restorative justice approach It may involve the victim and or his family, and hear, and consider the victim's opinions.

d. Parental/Family Support

In the case of child offenders ' child support treatment, parents/guardians and families are essential for the approach of justice

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restorative can be successful. The parent/guardian or family of the child needs to be actively involved in solving cases, rehabilitation programs, and reintegration. If the family (the parent/guardian) is not actively involved, then a settlement plan with an effective restorative justice approach will be difficult to implement.

The family may feel ashamed of the child ' s actions so that Cover-up child's mistakes. If there are parents or families like this then APH or related parties are required to give an understanding to the parents or the family about the need for family support.

e. Type of treatment with restorative justice approaches.

1) Mediation of the victim with the perpetrator

The purpose of mediation is to resolve the dispute through the negotiation process to obtain the parties ' agreement with, assisted by the a person or more a mediator. As a mediator is a neutral party that helps the parties seek various possible settlement without using the means of severing or imposing a settlement (Article 1 item 6 and item 7 of the Supreme Court of the Republic of Indonesia No. 1) 2008).

2) Family Yawing

Family Yawarah is intended to solve child cases through deliberations involving the families of the perpetrators and families of the victims, with facilitated by a facilitator of the neutral party in order to Got a deal from both sides. In the family deliberations, it needs to be noticed: a) involvement of related parties including victims, perpetrators,

families and people close to the child; b) other parties who need to be involved are parties to the victims

and the parties supporting the perpetrator; c) other matters. that need to be noticed among others giving

information to the parties regarding the venue, time and mechanism of the meeting.

3) Community Convergence

The society 's yawarah is intended to solve the child' s case through A deliberation that involves the families of the perpetrators, families of victims and people of society. religious, facilitated by a facilitator of a neutral party to obtain a deal from both parties.

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In community deliberations, it needs to be noticed: a) the involvement of the related parties includes victims, perpetrators, families and

people close to the child, public figures/religious figures and anyone who is harmed by the Such actions;

b) other relevant parties that support the victims and the parties supporting the perpetrator.;

c) other things that need to be noticed among others provide information to the parties regarding the venue, time and a meeting mechanism.

f. Mechanism Handling with the restorative justice approach

1) Investigators, public prosecutors, and judges in resolving the case

children with a restorative justice approach should consider:-category of criminal conduct;-child age;- the outcome of the correctional research of the Correctional Hall;-the loss it poses;-the level of public concern; and-the environmental support of the family and the public.

2) Tahapan in Yawarah

a) Staging Stage of information

(1) The perpetrator's information

-The Fasilitator holds a meeting with the perpetrator by involving the related parties (families and people close to the perpetrator, The BAPAS and social workers 'guidance counselor, without involving the victims and the victims' families.

-Welcome and introductions. -Facilitator reading the chronology of the case in detail. -The offender was given a chance to respond to the chronology

the case, and the perpetrator may accept or refuse to be responsible for the deed.

-If the child recognizes his actions and will be held responsible, then the settlement The case can proceed with deliberations.

-Yet if the child does not acknowledge his actions, then the deliberations cannot proceed and the case should be returned to the formal process.

-An effort must be made to encourage the child. say what exactly has happened.

(2) The Victim Information-The Fasilitator meeting meetings with victims with

involving the related parties (families and people close to the perpetrator, the BAPAS correctional supervisor

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and Social Workers), without involving the perpetrator and the perpetrators ' families.

-The victim was given a chance to talk about what had happened, how he was harmed, and what the perpetrators deemed necessary to be able to do so. change his mistake.

b) Family Perscales

The families of each party are given the opportunity to confer and have to answer the question. -How the child can change the error with kindness

for the victim, his family and the community. -What plans a child can do with his family

to prevent repetition of deeds.

c) Negotiations and the Fasilitator agreement need to examine things as follows. -Does this plan have met the needs of the victim? -Does this plan have met the needs of the community? -Is this plan unrealistic and achievable? -Is this plan done in the relevant timeframe? -Is this plan measurable? -Is this plan worth and proportionate? -Does this plan protect child rights and advance

child development? -Is this plan predicting the anticipation of what will

done if this plan works or does not succeed?

After examining the plan above then the facilitator begins negotiations by involving the family of the perpetrators, the families of the victims (for family deliberations). " The decision of the deliberations must obtain the consent of the victim and the family, as well as the child's consent as the perpetrator and his family.

The outcome of the agreement. Restorative justice can be: a. peace with or without damages; b. the submission of return to the person/wali; c. participation in education or training to educational institutions,

the institution of social welfare or social welfare institutions; or

d. Community service.

The deal referred to above is poured into a decision that is valid since the agreement. Restorative justice decisions are included in the mandatory child case file

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was considered by the prosecutor at the time of making the charges and by the judge at the time of making the verdict. Register of child cases with the completion of the restorative justice approaches to the police, the prosecutor, the courts, and the correctional institutions are made specifically. The oversight of the process of dealing with restorative justice approaches and the implementation of the resulting agreement is on the direct superior of the officials responsible for each examination level. During the course of the restorative justice process, and after restorative justice is exercised, the penitentiary's guidance is mandatory for guidance and supervision. In the event of a restorative justice deal not implemented in a defined time in the agreement, the penitentiary guidance immediately reports to the officer in charge. The officer in charge is required to follow up on the report. The child whose parents/guardian is unknown then his upbringing became the responsibility of the ministry which organizes government affairs in the social and service areas/social agencies. Such nurturing is carried out in the institution of social welfare recommended by the ministry that organizes government affairs in the social and service affairs/social agencies.

BAB III

OUTLINE HANDLING CHILD FACING LAW A. Police

The duties and authority of the State Police of the Republic of Indonesia in the handling of ABH in accordance with Article 8 of the Joint Decision on the ABH Handling includes: 1. prepares investigator with interest, ability, attention, and

dedication and cerviability in the child field on the Polri Mabes and its regional ranks;

2. increased the number of Female and Child Services Units/PPA Units in the Polri Mabes and its regional ranks;

3. provides a special examination room for the child in the Mabes Polri and its regional ranks;

4. carrying out education and training on the handling of ABH; 5. compose the standard guidelines/guidelines on ABHwith handling

restorative justice approaches; 6. forming the ABH handling work group; and 7. Conducting internal socialization, which in its implementation can work

is the same as related agencies.

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The execution of the task and the handling is performed integrated by the Police Technical Managing Unit. 1. The investigation of the child's case was carried out by the child investigator. 2. Each Polsek/Polresta/Polwiltabes/Polda/Mabespolri must have

book the special register of child cases and make periodic reports at least 6 (six) months once.

3. Each Polsek/Polresta/Polda/Polda/Polda/Mabespolri must have a special investigator dealing with child matters, appointed by the Head of the respective units.

4. The police department maintains the treatment of child cases by prioritizing the investigation process.

5. The child examination time for the making of the BAP is no more than 4 (four) hours a day and is not performed at night. Be tried to present a child's parent, guardian and legal advisor.

Son as Perpetrator 1. Investigators received reporting or complaint from a person or

found alone a felony. 2. After receiving reporting or finding yourself, the investigator immediately

is conducting an investigation to search for captions and evidence items. 3. In case of found enough evidence of a criminal offence, it is immediately published

The Task Order Letter and the Investigations Order. 4. The head of the PPA Unit pointed to investigators or some of the investigators who

adjusted to the case and gender of the child. 5. In carrying out the investigation, the investigator is required to notify

BAPAS and ask for consideration or advice of a correctional supervisor. If necessary to request consideration or advice from an education expert, mental health expert, religious expert, or any other correctional officer.

6. Prior to the possibility of child summoning, as a criminal offender, investigators were required to examine first the snitch and the witnesses included a consultation with the expert.

7. Calls to the child as an offender are to consider the impact of psychology or other impacts.

8. A child suspected of being a convicted felon called or caught a direct hand was taken to a special service room on the PPA Unit.

9. In the event the police are forced to make an arrest, the action must be carried out as a final attempt, and the arrest term is no more than 1x12 hours.

10. Against the child caught by hand, investigators are required to inform the family, the guardian, the foster parent, legal advisor, advocate and BAPAS within 1x12 hours.

11. Preliminary examination of the child is required to pay attention to health and child preparedness conditions.

12. A child's examination can be done if the child is in good health. In terms of the child in unsanitary conditions, both physical and psychic, then investigators are required to delay the initial examination of the child.

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13. Investigators are making a recovery effort on child health conditions, if it needs to refer to the puskesmas, hospital, integrated service center (PPT), the integrated services center of women and children (P2TP2A) and psychologists.

14. The child examination time for the making of the BAP is no more than 4 (four) hours a day and is not performed at night. Be tried to present a child ' s parents, guardian and legal advisor.

15. During the examination, investigators are required to examine the child in a familial atmosphere, with an effective approach, affection/affection/affectionable and sympathetic approach.

16. Detention as a final attempt, can be carried out against a child committing a criminal offence of 10 years or more criminal charges.

17. In the assessment process against the child and his case, investigators gathered information in a family atmosphere.

18. In conducting investigation, investigators are required to immediately request consideration or advice of a correctional tutor within 1 x 12 hours, and if necessary to request consideration or advice from an education expert, mental health expert, religious expert, or other correctional officers.

19. The determination of child identity as a perpetrator, especially associated with child age, may as well be proven by birth certificate/other valid letters such as diploma, report book, family card and RT, RW. and agility.

20. Investigators are required to undertake a deliberative approach to the restorative justice approach, involving the corrective guidance and related parties within 30 days of the receipt of the report.

21. Investigators may conduct the process of discretion in accordance with the applicable laws.

22. In the event of a child as a suspect in custody, investigators are required to undertake a deliberative effort by way of the longest 20-day restorative justice approach since detention.

23. In terms of agreement, the outcome of the deal is signed by the investigator, the correctional director, the perpetrator, the guardian/guardian/guardian/guardian, public figure, religious figure and teacher.

24. In the event of no agreement, the legal process continued and investigators immediately delegated the case file to the public prosecutor by attaching the outcome of the deal.

25. Investigators do not conduct detention of a 12-year-old child.

26. In case the child can already be criminally liable according to the law, detention can only be done as a final attempt and for the sake of child safety. Investigators may leave the child in a social institution/religious institution/institution or in a special and decent place for the child.

27. Detention as a final attempt, can be carried out against a child committing a criminal offence of 10 years or more criminal charges.

28. If there are no other alternatives so that there must be a restraining order, investigators can conduct city detention or house arrest, or a special place for a child in the HIRING neighborhood, the HIRING branch, or at

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a specific place that is separate from adults, after considering the results of the correctional research.

29. Every Polsek, Polres and Polda is required to record the case data of ABH (perpetrators, victims and witnesses) dealt with in their own records on the register book and make the report periodically

The Child As Victim/Witness

1. Investigators received reporting from the victim, the person/guardian or the public. 2. In case the investigator receives a report from the public, then investigators

immediately contact the parent/guardian and legal advisor within 1x12 hours, unless they are expected to be the perpetrator.

3. Investigators as soon as possible bring the child as a victim to a doctor or health officer to ask for visum et repertum.

4. Investigators are making a recovery effort on child health as a victim, if necessary to refer to the library, Hospital, Integrated Service Center (PPT), the Women and Child Integrated Services Center (P2TP2A) and the psychologist.

5. The examination of the child as a victim can be done if the child is in good health. In terms of the child in unsanitary conditions both physical and psychic, investigators are required to delay the examination of the child.

6. In determining the child as a witness, investigators must consider age, intellectual power, the impact of psychology and other impacts, as well as the level of importance of such testimony.

7. The time of child examination as a victim/witness to the making of the BAP is no more than 4 (four) hours a day and is not performed at night. Be tried to present a child parent, guardian and legal advisor.

8. In the event of a child's examination of the child as a victim/witness is performed in a special room or other place that is felt safe and comfortable.

9. During the examination process, the child as a victim/witness is entitled to legal assistance and other assistance.

10. Investigators can utilize medical records from puskesmas or other health care workers as an investigation material. The documents of the examination and treatment were part of the child documents file.

11. In protecting victims/witnesses, investigators may make a temporary application of protection to the chairman of the court, and or apply to the Witness Protection and Victims Protection Agency (LPSK).

12. The investigator must report the handling of the child's case as a victim, immediately dismissing the case to the public prosecutor.

13. During the investigation, the victim/witness is entitled to information about the development of a case involving him, in the form of a copy of the event's news every examination stage.

14. During the victim/witness examination, investigators may not reconcile the victims/witnesses with the perpetrators.

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15. During the examination, investigators are required to examine the child as a victim/witness in a familial atmosphere, with an effective approach, affection/affection/affection/affectionately, and sympathetic.

16. During the investigation process, investigators are required to keep the child identity a secret.

B. Prosecutor

The duties and authority of the Prosecutor of the Republic of Indonesia in the handling of ABH in accordance with Article 7 of the Joint Decision on the Handling of ABH include: 1. doing the prosecution with regard to the best interests for

ABH; 2. Setting up a prosecutor and an administration has an interest,

ability, attention and dedication and certification of a child's field in each prosecutor's office;

3. provide a special examination room for the child on each prosecutor ' s office;

4. Hold regular discussions with your team and your team. compose the guide/guideline, a circular letter about the handling of ABH

with a restorative justice approach; 6. forming the ABH handling work group; 7. Conduct internal socialization; and 8. Streamline the function of the high prosecutor's head in providing guidance

and oversight of the prosecution's path within its jurisdiction.

The execution of the task and the handling of such care is performed integrated by the executor unit. technical clarity as follows.

1. Every state prosecutor, high prosecutor and mandatory attorney general

has a special register of child cases and makes periodic reports at least 6 (six) months.

2. Prosecutor General (JPU) Children's case is done by the District Attorney. 3. Every State Attorney and Attorney General and Attorney General

must have a special JPU dealing with child matters, appointed by the Chief Prosecutor each.

4. The prosecution preferring the treatment of child affairs by riorting the prosecution process.

5. After receiving a Notice of Notices Issued (SPDP) issued a letter to the public prosecutor's appointment to follow the development of the case (P-16).

6. Every prosecutor's office has to have a special register of children's books and make a monthly report on the child's case.

7. The Public Prosecutor (JPU) who has been appointed to pay attention to the suspect's age and to make sure to investigators by seeking authentic evidence such as birth certificate or birth certificate, data at school, agility, etc.

8. Actively following the development of the investigation and intensifying coordination, both with the investigator and the related parties, to realize the regularity in the case settlement effort

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The handling of the child dealing with the law for the best interest for the child.

9. The Public Prosecutor may request an investigator to conduct the investigation and the transfer of the file by involving a correctional guidance counselor (PK BAPAS).

10. In terms of the submission of the first stage file, while researching the terms of formyl and materiel is also recommended examining the results of the PK BAPAS research.

11. At the time of the suspect's acceptance and second-stage evidence, the public prosecutor conducted the suspect's admission and research in a special room for the child.

12. The recommendation of PK BAPAS is to be thoroughly noticed by the research prosecutor and is utilized in the settlement of the matter.

13. After a matter of devolve to the prosecutor's office, the prosecutor's head organically convened the restorative justice, involving the perpetrator, the victim, the parents/parents of the perpetrator and the victim, the legal counsel, the chaperone, the people of the people. religion, BAPAS and policing.

14. In the event of a "restorative justice deal", the results of the restorative justice have been made as the basis for JPU's demands. In the absence of a deal, JPU in his demand remains with a restotariff justice approach.

15. In the event of a restorative justice deal successfully, the stews of the formulation of the restorative justice deal are delivered to the Court.

16. In conducting prosecutions, JPU should be able to request consideration or advice from education experts, mental health experts, religious experts, or other correctional officers.

17. If a suspect commits a felony with an adult, the prosecution of each suspect is committed separately.

18. In terms of detentions to the child, JPU is obliged to consider that detention can only be done as a last attempt and child is placed in the child ' s special custody house.

19. In conducting a child's examination as a victim/witness at the trial, JPU notices the situation and conditions of the victim/witness.

20. The JPU presents an elderly person or guardian who is believed to be a child to accompany the child while giving a statement at the trial.

21. JPU helps facilitate child accessibility to get protection from LPSK.

22. During the prosecution process, witnesses were entitled to information about the development of a case involving her.

23. According to Jampidum Technical Lead Number: B-532/E/l1/1995 dated November 9, 1995, about the Prosecution Against Child Underage is done as follows:-If the defendant of the minors is not held, then JPU

filed The demands that the child be returned to the parent/guardian to be educated, and if the parent/guardian refuses to be required to be remanded to the government as a state child or be handed over to an organization/a certain body to obtain education as it should be without any criminal (Article 45 and Article 46 of the Penal Code).

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-In case the suspect is detained, that JPU charges a minimum prison criminal equal to the time as long as in custody.

-In case JPU sees the need to prosecute prison crimes, in order to defile the Circular Letter of the Attorney General RI Number SE 001/JA/4/1995 about the Criminal Charges Guidelines.

24. The JPU in making the demands is mandatory considering the results of the correctional research of BAPAS.

25. The execution of a court ruling that has obtained the power of the law remains by the prosecutor, based on the Conviction/Copy sent by Panitera (Article 226 paragraph 2 and Section 270 of the KUHAP, Supreme Court of Justice Number 21 of 1983, date 18 December 1983).

26. The policy of legal efforts against the judge ' s ruling should pay attention to the best interests for the child.

27. The prosecution sends the news of the event the execution of a court ruling signed by the prosecutor, the head of the penitentiary, and the convict, to the court that cut the matter at first, the bapas, the Hires and the House of Things Storage. The State of the State (Rupbasan).

C. The Court

The duty and authority of the Supreme Court of the Republic of Indonesia in the handling of ABH in accordance with Article 6 of the Joint Decision on the Handling of ABH includes: 1. preparing judges and panitera with interest, ability,

attention and dedication, certified in the field of the child on each state court;

2. preparing facilities and amenities, a waiting room and a child-friendly courtroom, as well as a child ' s witness room on each court gradually;

3. hold regular discussions and training required; 4. publishes Supreme Court Letter/Agung/ Agung/

and set up operational standards of child handling procedure dealing with the law with a restorative justice approach;

5. forming the ABH handling work group; 6. Conduct internal socialization; and 7. Streamline the function of the high court chairman in providing guidance

and oversight of the course of the trial within its jurisdiction.

Executing the task and discretion is being done integrated by the Unit Technical executor of the Court as follows. 1. The judge who sired the case of child offenders ' conduct was carried out by

The child judge. 2. Each state court, high court and the mandatory Supreme Court

have a special register of child-case registers and make periodic reports at least 6 (six) months once.

3. Each state court must have a special judge addressing the matter of the child, appointed by the Chief Justice through the recommendation of the Speaker of the respective State Court.

4. Each court must have a special panitera that deals with child criminal matters, appointed by the Chief Justice.

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5. The court maintains a special case of the child by preferring the time schedule of the trial.

6. The child examination time in the trial is no more than 1 (one) hours a day, and it is ushered in to present the child ' s parents, guardians and legal advisors.

The Child As An offender

1. During waiting for the trial, the child as the perpetrator was placed in

the child's special waiting room, and was arrased in the child's special courtroom.

2. A mandatory child trial is attended by parents/parents/parents/family, social guidance and legal advisor.

3. Before the trial was opened, the judge ordered the PK to present the report of the results of the correctional research, and asked for opinions and conclusions about the possibility for deliberative deliberation by way of the restorative justice approach.

4. In terms of the results of the PK study argued that it could be attempted deliberative by the way of the restorative justice approach, then the judge is obliged to conduct a deliberative effort in the mediation room.

5. Deliberations by way of restorative justice approaches are attended by JPU, PK, perpetrators, persons/guardians, legal advisors, victims/guardians, public figures, religious figures, and or other parties as determined by the judge.

6. In terms of agreement, the outcome of the deal is signed by the perpetrators, the guardians, victims/guardians, social guidance, public figures, and or religious figures.

7. After the deliberations were completed, the judge opened the trial in the child's special courtroom and declared a closed hearing to the public, proceeding with the proceedings of the deliberations of the deliberations.

8. In the event of deliberation fails, the judge continues the settlement process by opening the trial in accordance with the provisions of the law.

9. The judge gives parents a chance, guardian or foster parents to express all things that are beneficial to the child.

10. After hearing of the child's parents ' description, the judge asked for an explanation and the opinion of a correctional tutor about everything that was beneficial to the child and the development of the outcome of the deliberations.

11. In its verdict, the judge is required to consider a report of the civil research of PK with regard to the best interests of the child. If they are to be able to present certain experts, such as psychologists, psychiatrists and others.

12. In the event the judge did not consider the report of a correctional research, resulting in the verdict void for law.

13. In the event the judge decides that the child is submitted to the Ministry of Social or Social Services or is required to follow the work exercise, then in the amar ruling the judge must contain the place and time clearly.

14. In the event the judge decides that the child is returned to the parents, the judge's verdict may have additional terms of guidance and supervision under the penitentiary until the 18-year-old is in the court.

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15. The application of the court ruling was given to the child offender's child, or legal counsel, JPU, RUTAN/LAPAS, investigator, the Snewsroom (Rupbasan) and the BAPAS immediately after the verdict was pronounced.

16. A copy of the subpoenaed letter was given immediately to the public prosecutor and investigator, HIRING, LAPAS, and BAPAS.

17. The chairman of the court appointed the magistrate's magistrate of the child. 18. The first-degree panitera of the book is recorded in the book

Register of supervision and observation, closed and signed by the panitera at any work day, to be known and signed also by the magistrate wasmat.

19. The magistrate is carrying out the task of supervision and observation of the execution of a court ruling, at least three times a year.

20. The report of the wasmat judge was presented to the Chair of the Court and exhaled to the Speaker of the High Court and the Supreme Court.

21. If viewed as necessary for the sake of observation, the judge was able to discuss with the head of the LAPAS on the way of coaching a particular inmate.

The Child As Victim/Witness

1. During waiting for the proceedings, witnesses and or victims wait in

the special room. 2. Examination in court hearings against witnesses or child victims done

with regard to the best interests for the child by not wearing a toga or service outfit.

3. Witness checks and victims are conducted in a closed trial for the public.

4. During the examination process in front of court hearings, witnesses and or victims are entitled to be accompanied by legal counsel and or other chaperones.

5. Witness examination may be as possible in a separate room from the courtroom.

6. In the case of a witness or victim cannot be presented in a trial hearing, witness statements can be given remotely via visual audio communication or recording.

7. During the examination process in front of the court hearing, the victim's witness is entitled to information about the development of a case involving him, which may be a given copy of the event's news at any stage of the examination.

8. The judge can examine the witness 's description and or the victim without the defendant' s presence.

9. The court chair is required to issue temporary safeguards against child victims based on requests from victims, or victims ' families, and friends of victims, police, escort volunteers, and spirituals.

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D. Ministry of Law and Human Rights (BAPAS, LAPAS and BANKRUPTCY)

The implementation of the duties and authority of the Ministry of Law and Human Rights of the Republic of Indonesia in the handling of ABH in accordance with Article 9 of the Joint Decision on the handling of ABH includes:

1. establish policies, programs and protection activities and the fulfillment of ABH rights in the correctional environment;

2. enhance the services of the litmas, guidance, and supervision, as well as the ABH assistance;

3. prepare for corrective guidance (PK) to BAPAS and correctional officers in LAPAS and HIRING who have an interest, ability, attention and dedication with a child's field certification;

4. improve the ministry of correctional research, guidance, and supervision and assistance to children who are broken up with criminal surveillance, criminal parole, children returned to parents, and children who need advanced guidance. (after care);

5. prepare facilities and amenities for coaching, guidance, and child care;

6. setting up a special room for child custody and correctional protéges in RECRUITMENT and LAPAS;

7. provide psychologists, power educators, and medical personnel; 8. draw up the ABH handling operational standard procedure with

the restorative justice approach; 9. enhance the role and the public; 10. forming the ABH handling work group; and 11. Perform internal socialization.

To perform the task and discretion are performed integrated by the correctional Technical Managing Unit as follows. 1. Penitentiary (BAPAS)

a. In carrying out the task and function of the correctional director

(PK) BAPAS is required to devise a restorative justice approach and best interest for the child.

b. Immediately after receiving a request for a correctional research from the investigator, the Chief of BAPAS published a warrant for a correctional research.

c. The designated PK immediately conducts correctional research by making sure to investigators, searching for data, facts and other related proofs.

d. The results of a correctional study include a clear and clear alternative of action/criminal actions by considering the analysis of data, facts and other authentic evidence, as well as the best interests and interests of the child.

e. PK can recommend/facilitate certain experts (biopsicosocial and spiritual experts, psychologists, criminologists, education experts and health experts, etc.) as per the child needs at every stage of examination.

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f. Facilitate the completion of the ABH case before entering on the investigation process with coordination with the Ministry of Social and related parties.

g. PK submitted the initiative and facilitated the process of mediation with investigators, prosecutors, judges, LAPAS officers and or HIRING, parents/ansers, local authorities, and public figures.

h. PK is required to actively follow through the development of child affairs and intensify coordination with investigators and related parties to ensure continuity in the efforts to resolve the child's handling of the child's handling.

i. Every BAPAS office is required to have a child-specific register book, and other register books correspond to their duties and functions.

j. PK is required to follow the prosecution's submission process from investigators to the public prosecutor.

k. Before the trial was opened, PK submitted a report to the judge about the subject of the child in question.

l. PK follows the trial examination process in an active trial and provides an input and explanation to the judge on the results of the correctional research.

m. PK performs child assistance in and outside the criminal justice process.

n. In determining the recommendations of correctional research, determining the treatment program (care and service, coaching, monitoring, supervision and assistance) and performing the evaluation of program execution, BAPAS is required to conduct a session of the Observer Team Corrections (TPP) in accordance with the laws.

o. PK must perform risk asesment and child needs to determine the program of treatment, guidance and supervision of the ABH.

p. BAPAS is required to perform ABH acceptance based on valid letters, logging in and registration.

q. BAPAS performs basic ABH data records, and identity documentation and others as needed.

r. PK BAPAS performs monitoring and evaluation of the implementation of care and service programs, treatment, guidance, and supervision of ABH, in BAPAS, HIRING and LAPAS, as well as making periodic reports.

s. In carrying out the tasks of community research services, guidance, supervision, and assistance, BAPAS is required to develop a community-based program.

t. PK is coordinating with social workers (Pexs) and volunteer social workers in carrying out ABH breeding.

u. In carrying out the duties and functions of BAPAS do cooperation with related agencies, colleges, and social institutions of society.

2. State House of Prisoners (HIRING).

a. In carrying out the task and function RECRUITMENT is mandatory

the best interests for the child and the restorative justice approach.

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b. The implementation of compulsory service and prisoner treatment is carried out by alienating the child from violence and discrimination.

c. In accepting the prisoner of the child, the government is required to investigate the validity of the detention warrant/detainment warrant of an official who is authorized to conduct detention accompanied by the correctional research of the BAPAS.

d. Every HIRE must have a child special register book and other register books on the task and function.

e. Each child prisoner is required to be examined by his health by a physician or other medical personnel. In the event of no doctors or other medical personnel, HIRING is required to coordinate with a local hospital/hospital.

f. Any child prisoner can possibly be placed in the nearby Hires with the environment of his residence.

g. In terms of no HIRING, placement or child treatment can be carried out in the LAPAS, and placed separate from the adults.

h. Before determining service and maintenance programs and performing evaluations, HIRING is required to consider social research, risk asesment, and child needs through the HIRING of the HIRING of the HIRING (TPP) Hiring Team as a provision.

i. During the detention process, the child is given the opportunity to reasonably carry out his daily activities, and a sufficient opportunity to visit, and communicate with his parents or his family and or his legal counsel.

j. Recruitment:-setting up facilities and infrastructure for services, and care

child prisoners;-providing a special room of inquiry and or consulting room for

PK BAPAS and Advocates;-providing and carrying out guidance and legal aid for

child custody. No, In hosting a prisoner ' s service and treatment program,

HIRING is coordinating with the agency that is juridically entitled to hold.

l. To support the treatment process and the prisoner service, HIRING is required to provide professional services, as needed for children such as medical personnel, paramedics, psychologists, psychiatrists, paedagogi, social workers, and others.

m. If a child has a physical, psychic, mental and social aspect, then the process of service and treatment can be transferred from HIRING to hospitals, social institutions or other social social institutions that have a problem. Especially in the handling of the child's resistance.

n. In order to carry out the task and function of HIRING may hold cooperation with related government agencies, college, community, family and individual organizations.

o. Every child is periodic health checkups by doctors or other medical personnel.

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p. In the case of a sick child, treatment is carried out in hospital or in the clinic of the hungry. If it cannot be handled by a hospital or the LAPAS clinic may be referred to the nearest hospital or hospital.

q. For the sake of law, HIRING is required to issue a prisoner after the expiration or expiration of his incarceration.

3. The Institute of Corrections (LAPAS).

a. In carrying out the duties and functions of the LAPAS are mandatory

the best interests for the child and the restorative justice approach. B. Every correctional child (ANDIKPAS) sent to LAPAS

is required to be accompanied by valid letters from the official (a copy of the verdict/sentence of the verdict) and the BAPAS correctional research.

c. LAPAS children perform ABH acceptance based on valid letters, and are required to reexamine the validity of the letters as follows. -An Introduction letter from another instance of ANDIKPAS. -A restraining order from an authority that authorities detain. -The subpoenaed letter that cut off the war. -Subpoenaed the Court of Justice and Event News

The execution of the Court's ruling from the State Attorney. -The Correctional Research Report (Litmas) BAPAS. -The other letters related to the device.

d. Each LAPAS is required to have a child-specific register book, and other register books correspond to their tasks and functions.

e. Each LAPAS performs a record and registration against ANDIKPAS. Record and registration activities include:-re-examine the validity of the client's letters and identities;-make news of the handover of the client;-record in the child's special register book;-photo shoot;-fingerprint retrieval.

f. Every ANDIKPAS gets a health check by a doctor or another medical power.

g. In the case of a sick child, treatment is carried out in hospital or in the clinic of the hungry. If it cannot be handled by a hospital or a LAPAS clinic may be referred to a nearby heirloom or hospital.

h. Any ANDIKPAS may be placed in the LAPAS nearest to the neighborhood where he lives.

i. In terms of no child ' s LAPAS, the placement or treatment of a child can be done in the adult or youth LAPAS and it is placed separate from the adults.

j. Every ANDIKPAS is required to follow the time of the longest-lasting orientations of the month.

k. The implementation of the ANDIKPAS treatment and education process is based on the process and stage of correctional coaching.

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l. The execution of the process and the ANDIKPAS stage of coaching include stage admisi-orientation and preliminary coaching, advanced coaching stage, assimilation stage and integration stage.

m. For the benefit of the treatment and education programs as well as for the best interests of the child, then to each ANDIKPAS is conducted by the correctional research, risk asesment, and child needs.

n. The process of determining ANDIKPAS ' treatment and coaching program is conducted through the mechanism of the Correctional System of Corrections (TPP) LAPAS, as per the terms.

o. For the benefit of the treatment, coaching and best interests for the child, ANDIKPAS may be transferred from one LAPAS Child to another Child ' s LAPAS.

p. LAPAS is required to perform a nine-year education. Q. To support ANDIKPAS ' treatment and coaching process, in any

the LAPAS is mandatory for professional personnel, such as: Medical, paramedic, psychologist, psychiatrist, paedagog, social worker, and more.

r. In order to carry out its tasks and functions, the LAPAS can hold cooperation with families, related government agencies, colleges, civic bodies/organizations, and individuals.

s. For the best interests of the child, if ANDIKPAS is a physical, psychic, mental and social aspect, then the process of treatment can be transferred from the LAPAS child to a social home or social institution of another. which has a specificity in the handling of the child ' s barriers.

t. The implementation of the ANDIKPAS treatment in the LAPAS must be kept away from violence and discrimination.

u. Periodic to the ANDIKPAS is a health check. v. For the benefit of the ANDIKPAS treatment, then LAPAS provides

the special room PK BAPAS. W. LAPAS is required to conduct a TPP hearing to determine the program

treatment of ANDIKPAS and conduct an evaluation of the implementation of the treatment program.

x. LAPAS is obligated to comply with the ANDIKPAS ' rights in accordance with the terms of the perudation.

y. LAPAS is required to issue ANDIKPAS upon completion of serving criminal provisions.

E. The Ministry of Social Affairs

The duty and authority of the Ministry of Social Affairs of the Republic of Indonesia in the handling of ABH in accordance with Article 10 of the Joint Decision on ABH's handling includes: 1. preparing social workers in the ABH social problem service that

has an interest, ability, attention and dedication with a child-diidang certification at the central level up to the area level;

2. facilitate the provision of the Marsudi Putra Social Services, the Children ' s Social Protection Home (RPSA) and trauma center for the child dealing with the law;

3. push and strengthen the family ' s role, society, and social organization or community agencies to care for ABH;

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4. developing guidelines or the social rehabilitation and rehabilitation guidelines of ABH;

5. forming the ABH handling work group; and 6. conducting internal socialization.

To carry out the task and the authority is done things as follows. 1. Executing a psychosocial distraction for ABH in the social home:

a. carrying out orientation, consultation, motivation and selection; b. carrying out the assessment and formulation of the service plan; c. carry out the intervention and management of cases that include

psychological social assistance, increased motivation, counseling, psychosocial therapy, and behavioral change, noted and monitoring behavior development;

d. carrying out coaching, institution terminations, and referrals. 2. Carry out outreach, social rehabilitation for ABH, facilitate

reintegration and reunification of ABH. 3. Perform a motivational event against ABH before referral to

home. 4. Exercise social advocacy and advocacy for ABH and

its environment. 5. Counseling and socializing. 6. Perform facilitation of the settlement of ABH cases before entry in

the investigation process is coordinated with BAPAS and related parties. 7. Carry out coordination and cooperation with PK in the process

handling of the ABH case. 8. Carrying out consultation, orientation, increased motivation and social advocacy

in an attempt to push the settlement of ABH cases outside the court with the related parties.

9. Provide motivation and distraction for ABH at the initial guidance stage of the social home.

10. Carrying out an asesment, motivation, counseling and social psycho therapy and behavioral changes with a outreach system.

11. In the event of no HIRING, the parlour can receive a referral or a screening of ABH from an agency that is yuridically authorized to conduct detention by responsibility for the penitip agency.

12. In the event that the judge decides the work of coaching/work in the social home, then the physical responsibility becomes the responsibility of the social home.

F. The Ministry of Women's Empowerment and the Protection of Child duties and authority of the Ministry of Women's Empowerment and Protection of the Child of the Republic of Indonesia in the handling of ABH in accordance with Article 11 of the Joint Decision on ABH Handling includes: 1. formulating ABH handling policies; 2. coordinate and synchronize with related agencies/agencies; 3. Conduct socialization, advocacy, and facilitation; 4. encourage role and society; 5. Training training; 6. forming the ABH handling work group;

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7. developing guidelines or guidelines, standard and child handling procedures dealing with the law;

8. Conduct internal socialization; and 9. conducting monitoring, analysis, evaluation and reporting.

To carry out the task and discretion are done things

as follows: 1. carry out the study or mapping of situations and conditions of ABH; 2. formulating ABH handling policy; 3. coordinate and synchronize with related agencies/agencies; 4. Conduct socialization, advocacy and facilitation; 5. encourage role and society; 6. conduct training training for law enforcement officers with

restorative justice approaches; 7. forming the ABH handling work group; 8. form the work network of law enforcement officers at the central and regional level; 9. developing an ABH data reporting system

G. Ministry and Other Related Instituts

1. Education Field

a. The Ministry of National Education

The duty and authority of the Ministry of National Education in order to ensure the availability of education services and the continuity of education for ABH includes the following: 1) facilitate national policy retrieval in the area of provisioning

special education services for ABH, both on formal education and non formal educational pathways;

2) facilitate the birth of special cooperation with Ministry of Law and Human Rights to provide special education hosting services for ABH, whether in the HIRING of child and LAPAS children;

3) provides a general guide on the hosting of special education services for ABH, both on track formal or non formal education;

4) facilitates the provision of cost assistance operation for the provision of special education services for ABH, whether during the HIRE of the child and in the LAPAS child;

5) facilitating the provision of educational means/infrastructure as per the needs of education services for the ABH

6) adds to the facilitation of law education and human rights in extracurriculars.

b. Regional Education Service (Province and County/City)

Area education services (provinces and districts/cities) as holders of educational hosting policy holders in the area, in accordance with

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The authority and its capacity, mandatory support of the implementation of the MoU Ministry of National Education and the Ministry of Law and Human Rights (LAPAS children and women) in the area of hosting the education services for ABH, are well underway in the CHILD HIRE OR HUNGRY CHILD. The education service in cooperation with LAPAS and the Compulsory Child is helping to ensure the continuity of education services for the ABH in its territory. The facilitation of local education services includes: 1. provision of the educational means/infrastructure required for LAPAS

or a child ' s Hire in order to provide an ABH education service;

2. the provision of competent or qualified teaching personnel in accordance with the implementation needs of the ABH learning both within the LAPAS and in the Children's Hires;

3. the provision of teaching materials/learning for ABH both inside and outside the LAPAS or the RECRUITMENT of the child on its territory;

4. cooperate with the LAPAS/CHILD hire, facilitate the hosting of any type of ABH learning evaluation, both executed outside and in the child ' s LAPAS and child HIRE;

5. Working with LAPAS or HIRING, parent, and society facilitates the return of the child in a regular education unit outside of LAPAS/CHILD hire after the expiration of the ABH-led act;

6. working with LAPAS/CHILD hire facilitates the provision of companion power, psychologists, social workers who are tasked with providing good assistance during ABH in HIRING and undergoing legal sanction/action in LAPAS;

7. seek support of the provision of educational hosting fees for ABH, whether through provincial and county/city APBD and APBN;

8. In cooperation with parents, LAPAS/HIRE provides a side for the return of the child in the post of a post-sanctioned family of sanctions or ABH actions.

The task and authority of regional education services (provinces and districts/cities) and/or educational/school units in the handling of ABH, covering the following.

Child as perpetrator 1) After learning/received reports that there is a child The

is suspected to be a criminal offender, the county/city education service is immediately coordinating with the family, the educational institution or the parent concerned.

2) The school is with the ABH family and the education service. district/city immediately coordinating with the authorities, who are juridically performing containment, to ensure child condition/status.

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3) After being determined about status as ABH, education, school, parent, and authorities, who are juridically committed to detention, must strive for the best way out, in order for the survival of the child's education. can stay/unstalled.

4) In condition the child is already assigned as a suspect and must undergo detention in the child ' s HIRE then education/school services, parents, and police officers must seek to facilitate a stay live ABH education, both in the RUTAN/or in the home school premises.

5) ABH status as a suspect and detained in HIRE child or in police, expected education or school service, parents, and police or RECRUITMENT party must remain contesting the child does not lose his rights to follow any learning activity, including its participation in learning evaluations, such as daily replay, semester replay, school final exam or national final exam.

6) In her status as a prisoner in HIRING or police, all parties both education/school services, parents, RECRUITMENT or policing must still guarantee In order for the child to be able to study outside of class every day.

7) In her status as a prisoner in RECRUITMENT or police, all good parties of education/school, parents, RECRUITMENT or policing must still guarantee the child can carrying as well as books/materials learning into the HIRING or police custody office.

8) If possible, with certain considerations, the school party, the parents, the surrogate/guardian family or the police force are constantly trying to help it to help. to the child not done detention, so the child remains able to run the activities education.

9) The education service/school/and if necessary legal advisor, as well as parents, should be given the ease/chance of always accompanying ABH at the time the child is undergoing an examination of the case on which it is.

10) Education/school services, families, parents or legal advisors must ensure that the police or the HIRING is already acting/legally applicable in treating ABH at any request for the examination information in order of inquiry for his case or the execution of ABH detention.

11) The education/school services or the parents and/or the authorities must secret the identity of the perpetrator to any person who is not in direct interest.

Child as a victim 1) After learning of a criminal offence Child, service

education/school and parents must immediately coordinate to process the child's children/children's cases.

2) With the school, parents immediately report to the authorities/police or at least the nearest village device in the neighborhood about the case on the child.

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3) With the school, parents immediately coordinate with the police to ensure legal steps to be taken to protect the victim, not remove the physical evidence that is attached to the victim or outside the physical victims, and determine the legal steps to be taken against the perpetrator.

4) The education/school services with parents and police or the authorities are trying to ensure the adverse impact the victims received, especially against the survival of the child education as a victim.

5) The education/school services are with the family and The police are expected to facilitate the provision of legal counsel, psychologists, social workers as chaperones to restore or alleviate the impact the victims received so that it does not result in further distress/depressive/trauma/trauma/stress. prolonged.

6) For a time while restoring the psychiatric condition of child victims, the education/school service and parents give the child a choice to determine his own choice, not to immediately return to his original activities, e.g. school.

7) The education/school services are with people old or legal advisor or psychologist, companion always chaperone child to restore child psychiatric condition to stable.

8) School of education/school and parent or legal advisor or psychologist, companion must always be With the child at a time when the child is examined/asked for information by the authorities.

9) The education services or legal persons or legal advisors or chaperones or psychologists make sure that the police/examiner ' s treatment has appropriately treated the victim at the time of asking for the caption/perform a check to the child as a victim so that it doesn't get traumatic/depression.

10) The education/school services or parents or authorities are prohibited from notifying the identity of the victim to any person who is not in direct interest.

11) The education/school department and the parent as well as the authorities must The maximum may provide protection to the victim to avoid any worse impact that may have occurred to the victim.

2. Health Care

a. Ministry of Health

The Ministry of Health is responsible for establishing health care policy for the ABH, whether as a perpetrator or victim/witness or to a child who is in LAPAS/HIRE. Those policies include the drafting of the Norma, Standards, Guidelines and Criteria (NSPK) Child Health Services that includes the following.

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1) Executing advocacy and socialization about NSPK. 2) Increase the health care capability in delivering

health care. 3) Perform technical facilitation for the provincial health service,

county/city in the health ministry. 4) Executing cross-program coordination with related sectors for

improving health care. 5) Preparing the means and infrastructure in the heirloom and hospital

in order to improve the health service. 6) Provide health costs through Jamkesmas to support

health care services. 7) Executing monitoring and evaluation of service programs

health.

In addition the Ministry of Health is responsible for establishing health care policies for children who are victims of violence, including: a) policies and strategies of violent countermeasures against children; b) public guidelines and guidelines Technical support case service

towards the child. c) standards of health care for victims of violence appropriate

Minimal Service Standards (SPM); d) advocacy and socialization of violent handling programs against

child; e) coaching coach for violent handling facilitators against

child level propinsi; f) technical guidance, supervision, and evaluation; g) research and development; h) activities of Sub-Cluster Task Force Rehabilitation Field Health

in prevention and handling of criminal trafficking offences a person/traficing and sexual exploitation of a child (ESA).

Health services include promotional, preventive, curative and rehabilitative efforts made up of:

a) Basic Health Services, conducted through:-Puskesmas Capable of Tatalaksana Case of Violence against

Child;-Puskesmas who fostered a child in the children ' s LAPAS, CHILD HIRE,

and the child in LAPAS/XX_ENCODE_CASE_ONE adult Hire. b) The Persuasion Health Service, which is in the local hospital area

(RSUD) or integrated service center (PPT) or integrated crisis center (CPC) at the hospital.

b. Provincial Health Service

1) Executing advocacy and socialization of child health coaching programs in LAPAS/HIRES.

2) Improving the ability of healthcare in providing health care for children in LAPAS/HIRES.

3) Conduiting the technical facilitation of the county/city health service in delivering the child health services in LAPAS/HIRE.

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4) Perform coordination with cross-program and related sectors to improve child health services in LAPAS/HIRES.

5) Distributed/held health care guidelines for children in LAPAS/XX_ENCODE_CASE_CAPS_LOCK_ON district/city and puskesmas.

6) Supporting the health financing efforts for children in LAPAS/BANKRUPTCY through Jamkesmas or Jamkesda.

7) Share Certain cases where the child does not have a Jamkesmas party card, then local LAPAS/HIRE can be recommended that the child can obtain the necessary health care.

8) Make a record and reporting on the ministry Child health in LAPAS/HIRE.

9) Executing the monitoring and evaluation of child health service programs in LAPAS/HIRES.

c. District Health Services/City

1) Perform the advocacy and socialization of the child health coaching program in LAPAS/HIRE.

2) Supporting efforts to improve health care capabilities in providing health care for children in LAPAS/HIRES.

3) Executing technical facilitation at puskesmas in child health care in LAPAS/HIRES.

4) Perform coordination with cross-program and related sectors to improve child health services in LAPAS/HIRES.

5) Distributed health care guidelines in puskesmas for children in LAPAS/HIRE.

6) Supports health financing efforts for children in LAPAS/BANKRUPTCY through Jamkesmas or Jamkesda.

7) Create a record and reporting on child health services in LAPAS/HIRES.

8) Executing the monitoring and evaluation of child health service programs in LAPAS/HIRING.

d. Puskesmas

1) Conducting the socialization of child services in LAPAS/HIRING in its work area.

2) Health services covering promotional aspects, curative and rehabilitative aspects by referring to the Children ' s Health Care Handbook at -LAPAS/BANKRUPTCY).

3) Create a record and reporting on child health care in LAPAS/HIRES.

Child as offender 1) Child health care in LAPAS/HIRING is implemented with

paying attention to the stage process of growing children, where generally children who are in LAPAS/HIRES are school-age children (age 10-18 years). Therefore, health care is provided through the Puskesmas Service's approach to the Order of Violence Against Child and Adolescent Health Care Services (PKPR).

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2) To provide health care for ANDIKPAS, LAPAS/HIRE needs to form a health and care service unit and polyclinic. Paying attention to ANDIKPAS ' characteristics, then the formation of polyclinics in LAPAS/HIRE is a mandatory requirement. The polyclinic is formed by referring to the Child Health Services Guidelines in LAPAS/HIRING, while its implementation is through coordination with Puskesmas.

3) On LAPAS/HIRING that has not been a health care unit, then coaching and ANDIKPAS health ministry can be performed in cooperation with the local puskesmas.

4) The Scope of Health Services For Children in LAPAS/RECRUIT is a comprehensive health service, covering promotional, preventive, curative services, and rehabilitative.

Child as Victim 1) The scope of the ministry health for ABH includes promotional efforts,

preventative, curative and rehabilitative. 2) Often cases of violence in children are not reported, so

health officials must be observable and dig deeper if suspected of any medical signs leading to violent acts.

3) The victim ' s handling of the victim Violence includes two aspects: medicolegal and psychosocial

4) A medicolegal examination is a medical examination to collect evidence items poured in the form Visum et Repertum (VeR)

5) Doctors are required to make VeR at the request of Polri investigators via official mail Minimum signed by Chief of Sector Police.

6) The VeR request letter must be delivered by the police officer and the result is submitted directly to investigator

7) A copy of VeR should not be handed over to anyone. 8) In addition to Polri investigators, other authorities who are authorized to request VeR are

military police, judges, prosecutors, and public prosecutor 9) On the case where VeR was made long after the incident, medical record

strongly useful for complementing VeR. Because it is important a complete medical exam.

10) Given the characteristics of the child still in the growing phase of the fireworks, then the examination must be performed in its own space by means of handling Adjusted age, communication skills and child emotion maturity.

11) Prior to the implementation of the examination, it needs to be performed regarding the intent, purpose, process and long examination that must be delivered either to the child and the parents. This explanation must be signed by a child and a person/wali/family/co-person/companion.

12) Handling of psychobad aspects including crisis handling, counseling, distraction, home visits and safe houses for survivors. It is a non-medical service that requires networking cooperation with the related sectors.

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3. Institutions/Organizations associated with the Help of Law

The institution/organization of legal aid is responsible for establishing a policy of granting legal assistance to ABH.

a) The organization of mandatory advocates provides legal assistance for the child with

providing cuma-only legal advisors working with BAPAS, police, prosecutor, court, LAPAS/HIRING in dealing with the perpetrator and the victims of the followup criminal.

b) Investigators, public prosecutors and judges provide legal counsel by asking for free legal counsel-only from legal aid agencies, advocate organizations or community agencies to assist ABH during the good vetting process. Shorten the investigation, prosecution or examination in court.

c) In certain circumstances, for the best interests of the child, legal counsel may request the results of the litmas to the BAPAS PENITENTIARY ' s guidance.

d) In providing legal assistance, legal advisors are obliged to pay attention to the best interests of the child, common interests and attempt to keep the family atmosphere maintained, and the process of vetting or resolution of the case is proceeding smoothly.

e) In providing legal assistance to a child, legal advisor is required to pay attention to child age and immediately seek authentic evidence and other evidence among other birth certificate/letter or other captions such as rapor, card family, and the captions of RT, RW and kelurahan, if it has not been done by investigators.

f) Accepts the power of the parents/guardian. If there is no parent/guardian, the letter can be signed directly by the child.

g) If the child is arrested then the legal advisor has the right to request an arrest warrant from an investigator who commits an arrest to the child, and immediately Contact the parent/guardian.

h) In terms of the child caught hand and arrest done without any arrest warrant, then a legal pep is entitled to request the captions and clarification of investigators on the grounds of arrest;

i) Listening to the caption from The child is why he committed such felonies.

j) Search for information and check out the chronological information of the environment around the child, how the educational, social and cultural environment, as well as the society where the child lives.

k) Immediately coordinate with investigators, BAPAS, social workers, school parties and Child-dwelling environment, to seek information for the cause of the child committing a crime, and seek the solution of the child's handling of the matter.

l) The legal counsel is accompanying the child and his parents in the investigation process in the police.

m) The legal counsel provides an input to investigators in order for the investigation to be performed in a child's special place with a familial atmosphere.

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n) Legal counsel sought restorative justice approaches at any level of examination by involving BAPAS, social workers, perpetrators and victims.

o) The legal counsel sought the implementation of the justice deal. restorative order to go well, and there is no violation of child rights.

p) If there is no deal, then the legal advisor applied to investigators to expedite the investigation process.

q) If the child There must be a restraining order, then legal counsel is entitled -request a restraining order from officials who are juridical authorities

conduct detention;-immediately contact the parent/wali;-request to investigators for the detained child to be placed in

special custody for the child, or elsewhere Who are separated from adult prisoners;

-attempted suspension of detention to officials who are juridically authorized to conduct detention.

r) The legal counsel is seeking to make the prosecutor general in doing prosecutions consider the best interests for the child.

s) Advisory The law in his defense demands that the judge in his verdict pay attention to the best interests of the child, and consider the research of the BAPAS.

t) As soon as the judge ' s distrauted, legal counsel asked for a verdict extract from the panitera, doubled the document and submitted it to BAPAS, HIRE and LAPAS officers.

u) Legal counsel sought to fulfill the rights of the child at every stage of the examination of the proceedings, and during the course of the court ruling.

v) the legal counsel in cooperation with the social worker, helped resolve the process of the perpetrator. children who have finished serving a criminal age.

BAB IV

COORDINATION AND COMMUNICATION To realize the equation of perception in the handling of special protection for ABH, required coordination and communication between ministries/agencies for the sake of improving the effectiveness of ABH ' s handling of handling is systematic, comprehensive, Continuous, and integrated. To achieve that goal above then the coordination meeting is required at the central, provincial and county level/city level. 1. Coordination At the Central Level

Center-level coordination meeting, held at least 6 months, and facilitated by the Ministry of Women's Empowerment and Child Protection. This coordination meeting is attended by the leadership of the agency/institution or the designated representative of: a. Supreme Court b. Attorney General

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c. The headquarters of the Indonesian Police Department. Ministry of Law and Human Rights e. Ministry of Social Affairs. Ministry of Women's Empowerment and Child Protection. Ministry of National Education h. Ministry of Health. The public institution of the child's casting j. Organization of advocates

2. Provincial Coordination

A provincial level coordination meeting is held at least 4 months, and facilitated by the Kanwil Law and Human Rights. Regional coordination meeting attended by the authority of the agency or the deputy appointed from: a) high court of b) District Attorney General) Office of the District of Law and Human Rights (Correctional Division). e) Body/Bureau of Empowerment Women and Child Protection. f) Provincial Social Services. g) The Health Service. h) Education Service. i) the territory office, the related service. (J) The public community of the community. k) Organization advocate.

3. Coordination at the Regency/City Level

Conference of district/city coordination meetings, is held at least 3 months at least, and facilitated by BAPAS.

The district/city level coordination meeting is attended by the leadership of the agency/institution or the designated representative of: a. State court. B. State Attorney. C. Resort Police or City Resort Police. D. BAPAS, HIRE, LAPAS. e. Social Services. f. Women ' s Empowerment Unit and Child Protection at the Regency level

and the City. G. Related service tribe. h. The public society of the child's casting. i. Organization of advocates.

BAB V

MONITORING, EVALUATION AND REPORTING Monitoring and evaluation of ABH handling with restorative justice approaches conducted by the institution/related agencies resulting in data and information that is qualitative and quantitative. The data and information are subject to the composition of the reports that are subsequently brought to be discussed in the Coordination Meeting forum.

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A. Police 1. Monitoring

a. What is the number and type of criminal cases ABH (male and female) dealt with?

b. What is the number and type of ABH criminal case still student status (SD, SLTP, SLTA)?

c. What is the number and type of ABH criminal case that is done with the restorative justice approach? How many things didn't work out? Why?

d. What is the number and type of ABH criminal cases sent to the public prosecutor? Why?

e. What is the number and type of ABH criminal case in the submission of a second-stage case file attended by child parents, chaperones, BAPAS officers, and legal advisors? If it doesn't exist, why?

f. How many types and types of criminal ABH cases have been terminated by the publication of the Investigative Stop-Notice)? Why?

g. What is the number and type of ABH criminal case that pre-judicial sued? Why?

h. What is the number and type of ABH criminal case with the results of the BAPAS Litmas? If not, why?

i. What is the number and type of ABH criminal cases that make arrests and or detentions? Why?

j. What is the number and type of ABH criminal case committed suspension of detention? Why?

k. What is the number and type of ABH criminal case accompanied by legal counsel? If not, why?

l. What is the number and type of ABH criminal cases handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?

m. How many sectors of the sector, the resort police, local police and HQ have a special register book of ABH's criminal case? If it doesn't exist, why?

2. Evaluation a. Whether ABH 's handling has complied with the provisions and procedures

laws pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 on the Children' s Court?

b. Has the investigation process been done by considering the best interests of the child?

c. Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?

d. Is it done a field visit to know the progress of the offender resolved with the restorative justice approach?

e. Does ABH's handling of criminal charges have a monthly coordination meeting in the police force by involving ABH networks? If anything, for what case? If not, why?

f. Is there a public complaint service box available? If there is, is there a response from the community? If it doesn't exist, why?

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g. Is it in the handling of the ABH case by BAPAS, social worker, child social institution (LSA), legal aid agency (LBH), child protection agency (LPA)? If not, why?

h. Has the investigation been done in a special room that was reserved for it? If not, why?

i. Is it in the process of investigation and or the arrest of any physical/psychic violence? Why?

j. Have the authorities done the task by referring to the principle of professionalism? If not, why?

k. Are there any obstacles or obstacles to the ABH's handling of the means, the infrastructure, the funds and the human resources available?

l. Is the ABH containment process being separated by adults? If not, why?

3. Reporting a. Every Polsek, Polres, Polresta and Polda as well as Barescream makes

a special monthly report of ABH criminal cases (perpetrators, victims, and witnesses). B. Reporting is compiled based on the monitoring and evaluation results

as in items 1 and 2 above. C. The full report was made every 6 (six) months later brought in

in a coordination meeting.

B. DA' s 1. Monitoring

a. What is the number and type of criminal cases ABH (male and female) dealt with?

b. What is the number and type of ABH criminal case in the submission of a second-stage case file attended by child parents, chaperones, BAPAS officers and legal advisors? If it doesn't exist, why?

c. What is the number and type of ABH criminal case still student status (SD, SLTP, SLTA)?

d. What is the number and type of ABH criminal case that is done with the restorative justice approach? How many things didn't work out? Why?

e. What is the number and type of ABH criminal case devolve to the court? Why?

f. What is the number and type of ABH criminal case that have been stopped by its tail? Why?

g. What is the number and type of ABH criminal cases that pay attention to the BAPAS Correctional Research results? If not, why?

h. What amount and type of ABH criminal matter has extended his detention, detained, diverted, and suspended his detention? Why?

i. What is the number and type of ABH criminal case accompanied by legal counsel? If not, why?

j. How many types and types of ABH cases are handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?

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k. What is the number and type of ABH criminal case sentenced to parole and how many counts of child inmates are granted parole? Why?

l. What is the number and type of ABH criminal case that conditional criminal surveillance and parole are on? Why?

m. What is the number and type of ABH criminal case that appeal to appeal? N. What amounts and types of criminal ABH cases have gained

fixed legal powers (inkracht) and at executions as well as be notified to BAPAS;

o. How old is the state and the prosecutor's office has a special register book on ABH's criminal case? If it doesn't exist, why?

2. Evaluation

a. Does ABH 's handling have complied with the provisions and legal procedures pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 on the Children' s Court?

b. Whether to apply Jampidum Letter No. B-532/E/11/1995 dated November 9, 1995 subject to the Technical Lead of Prosecution Against the Child?

c. Has the prosecution process been carried out by considering the best interests of the child?

d. Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?

e. Is it done a field visit to know the progress of the offender resolved with the restorative justice approach?

f. Does ABH's handling of criminal charges have a monthly coordination meeting in the prosecutor's office, involving ABH networks? If anything, for what case? If not, why?

g. Is there a public complaint service box available? If there is, is there a response from the community? If it doesn't exist, why?

h. Is it in the handling of matters, ABH is accompanied by BAPAS, social worker, child social institution (LSA), legal aid agency (LBH), child protection agency (LPA)? If not, why?

i. Is there a physical/psychic violence in the process of incarceration? Why?

j. Have the authorities done the task by referring to the principle of professionalism?

k. Are there any obstacles or obstacles to the ABH's handling of the means, the infrastructure, the funds and the human resources available?

l. Is the ABH containment process being separated by adults? If not, why?

3. Reporting a. Every state attorney and high prosecutor makes a monthly report

special case ABH (perpetrator, victim, and witness). B. Reporting is compiled based on the monitoring and evaluation results

as are butit 1 and 2 above. C. The full report is made every 6 (six) months later brought in

in the Coordination Meeting.

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C. Court

1. Monitoring a. What is the number and type of ABH criminal cases (male and female)

that are dealt with? B. What is the number and type of ABH criminal case still statusable

students (SD, SLTP, SLTA)? C. What is the number and type of ABH criminal case that is resolved with

the restorative justice approach? How many things didn't work out? Why?

d. What is the number and type of ABH criminal case that appeal to appeal? Why?

e. What is the number and type of ABH criminal cases that pay attention to the BAPAS Correctional Research results? If not, why?

f. What amount and type of ABH criminal matter has extended his detention, detained, diverted, and suspended his detention? Why?

g. What is the number and type of ABH criminal case accompanied by legal counsel? If not, why?

h. What is the number and type of ABH criminal cases handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?

i. What is the number and type of ABH criminal case sentenced to parole and how many counts of child inmates are granted parole? Why?

j. How many courts of state and high court have a special register book of criminal ABH cases? If it doesn't exist, why?

2. Evaluation a. Whether ABH 's handling has complied with the provisions and procedures

laws pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 on the Children' s Court?

b. Is it in setting the child ' s age limit, the judge referred to the 2002 23 Year Act on Child Protection? If not, why?

c. Has the ruling dropped the judge already considering and paying attention to the best interests for the child in question?

d. Did the verdict of the deposed judge consider and pay attention to the BAPAS ' s research?

e. Whether in depening a criminal is already considering Ultimum Remedium?

f. Did the judge and the panitera sign the verdict immediately after the verdict was pronounced (Article 200 of the KUHAP)?

g. Does the letter of the court verdict be given to the defendant or his legal advisor immediately after the verdict is spoken?

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h. Has the panitera conveyed the pretrial of a court ruling or a copy of the subpoenaed letter to the public prosecutor and investigator within 7/14 days (Article 226 paragraph 2 of the KUHAP)?

i. Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?

j. Is it done a field visit to know the progress of the offender resolved with the restorative justice approach?

k. Does ABH's handling of criminal charges have a monthly coordination meeting in the prosecutor's office, involving ABH networks? If anything, for what case? If not, why?

l. Is there a public complaint service box available? If there is, is there a response from the community? If it doesn't exist, why?

m. Is it in the handling of the case ABH is accompanied by BAPAS officers, social workers, child social institutions (LSA), legal aid agencies (LBH), child protection agencies (LPA)? If not, why?

n. Is there a physical/psychic violence in the process of incarceration? Why?

o. Have the authorities done the task by referring to the principle of professionalism?

p. Are there any obstacles or obstacles to the ABH's handling of the means, the infrastructure, the funds and the human resources available?

q. Is the ABH containment process being separated by adults? If not, why?

3. Reporting 1) Every state court and high court makes a monthly report

special case ABH (perpetrator, victim, and witness). 2) Reporting is compiled based on the monitoring and evaluation results

as are items 1 and 2 above. 3) The full report is made every 6 (six) months, then brought

in the Coordination Meeting. D. Ministry of Law and Human Rights

1. Correctional Hall (BAPAS)

a. Monitoring 1) How many types and types of criminal cases ABH (male and female)

requested for the research of their society by police, prosecutor and trial?

2) How are the types and types of ABH criminal cases whose public research is considered by law enforcement officers in accordance with the advice and recommendations of a correctional supervisor?

3) How many and the types of ABH criminal cases have been given guidance and supervision by BAPAS officers?

4) How many types and types of criminal cases of ABH are the study of their society recommended that ABH be not held in detention but are sentenced to act or penal for parole?

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5) How many types and types of criminal cases of ABH in Hiring Recruitment are in BAPAS Correctional research to determine prisoner service and care programs?

6) How are the number and type of ABH (ANDIKPAS) in the LAPAS which is in demand of the BAPAS Correctional Research to determine the treatment and coaching program in LAPAS?

7) How many and types of criminal cases of ABH (ANDIKPAS) in LAPAS are in demand for the BAPAS PENITENTIARY RESEARCH TO DETERMINE A PROGRAM OF ASSIMILATION IN LAPAS?

8) How many types and types of criminal cases of ABH (ANDIKPAS) in LAPAS are in demand for the BAPAS PENITENTIARY RESEARCH TO DETERMINE THE INTEGRATION PROGRAM OUTSIDE THE LAPAS?

9) How many types and types of criminal cases of ABH are still student status (SD, SLTP, SLTA)?

10) How many types and types of ABH criminal cases are resolved with restorative justice approaches at the police level, the prosecutor ' s office and the court? How many things didn't work out? Why?

11) How many types and types of criminal cases of ABH are sent to the public prosecutor and devolve to the court? Why?

12) How many types and types of criminal cases ABH are in the process of submission of second-stage cases attended by child parents, chaperones, BAPAS officers and legal advisors? If it doesn't exist, why?

13) How many types and types of ABH criminal cases have been terminated by the investigation of the Investigative Pit Stop? Why?

14) How many and types of ABH criminal cases are pre-judicial sued? Why?

15) How many and types of ABH criminal cases are carried out arrests and or detention? Why?

16) How many types and types of criminal cases of ABH are held, extended his detention, diverted, and suspended his detention by investigators, the public prosecutor and the court? Why?

17) How many and types of ABH criminal cases are accompanied by legal advisors? If not, why?

18) How many types and types of ABH criminal cases are handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?

19) How is the BAPAS office and the office of the Law and Human Rights office that has a special register book of the criminal case of ABH? If it doesn't exist, why?

20) How much does ABH ' s societal research request count and how much amount of correctional research has been resolved?

21) How many ABH are outside the LAPAS (assimilation, parole, free leave of absence, penal parole, return to parents, social care) who violate the terms of the BAPAS PENITENTIARY AND SUPERVISION?

22) How many court decisions are on parole?

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23) Did the public prosecutor submit it first to BAPAS to obtain guidance and supervision?

24) Is the correctional teacher obeying an obligation to conduct a home visit to know the development of ABH behavior in the community?

25) How many and the types of ABH cases are committing legal violations?

26) How many and the types of ABH criminal cases fail to provide guidance and supervision?

27) Is it in conducting BAPAS supervision and supervision in cooperation with involving the network?

28) Is BAPAS doing coordination with law enforcement apparatus and networks periodically?

b. Evaluation 1) Is the handling of ABH has complied with the provisions and procedures

laws pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 on the Children ' s Court?

2) Is the process of creation of a correctional research already done by considering the best interests of the child?

3) Is the correctional guidance (PK) in carrying out his duties and functions in accordance with Juklak and Juknis PK BAPAS?

4) Are there any obstacles or obstacles to the means, infrastructure, funds and human resources?

5) The extent to which the results of the correctional research are considered by lawmakers, such as police, prosecutors, judges and LAPAS?

6) Which is the success of the guidance and supervision implemented by BAPAS?

7) Does BAPAS have received a conditional penal notice from the Prosecutor to be done for guidance and supervision?

8) Which is the coordination mechanism between BAPAS, police, prosecutor, court, LAPAS, RECRUITMENT and the advocate and related agencies, as well as social organization of social society?

9) Does the BAPAS create periodic reports (monthly, quarterly, semester and annual) about the principal tasks and functions of BAPAS?

10) Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?

11) Is it done a field visit to know of the development of the offender resolved with the restorative justice approach?

12) Is in the handling of criminal case ABH held a monthly coordination meeting at BAPAS by engaging the ABH network? If anything, for what case? If not, why?

13) Is there a public complaint service box available? If there is, is there a response from the community? If it doesn't exist, why?

14) Is BAPAS in the handling of criminal case ABH in cooperation with social workers, child social institutions (LSA), agency

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legal assistance (LBH), Child Protection Agency (LPA)? If not, why?

15) Does the apparatus have already performed the task by referring to the principle of professionalism? If not, why?

c. Reporting 1) Each BAPAS makes a special monthly report of the ABH case (perpetrators,

victims, and witnesses). 2) Reporting based on monitoring and evaluation results as

items a and b above. 3) The full report is made every 6 (six) months later brought in

in the Coordination Meeting.

2. "JUVENILE PENITENTIARY." Monitoring

Is the LAPAS carrying out inmate/protég/protégus in accordance with the duties and functions of the LAPAS such as: a) Are the LAPAS carrying out the narapidana/son correctional

protege in accordance with the duties and functions of the LAPAS such as:- Registration inmate/protégge? -Educational conduct? -carrying out coaching/social guidance, kerohanian? -carrying out inmate work guidance.-A protégge? -Organing the management and business of the LAPAS business?

b) Is LAPAS in determining the process of treatment of ANDIKPAS asking for correctional research from PK BAPAS?

c) Is the LAPAS in carrying out the process of treatment of ANDIKPAS as per the process and the corrective stage?

d) Is LAPAS in carrying out the process of treatment of ANDIKPAS on the stage of assimilation and integration asking for the corrective research of PK BAPAS?

e) Are LAPAS children in carrying out the underlying tasks and functions more emphasis on the field of education, training-training, courses that tend to be on debriefing efforts, the addition of science, and not on issues Production?

f) Is the treatment of a child in the LAPAS preferred to coaching/education by depanting the fulfillment of child rights and protection, as well as siding with the child?

g) Apakan LAPAS performing discrimination and violence against child?

h) Are LAPAS already available the means and infrastructure necessary for the benefit of children 's treatment in accordance with the growing needs of children' s flowers?

i) Are LAPAS already available the means and complaint mechanisms for ANDIKPAS?

b. Evaluation

That needs to be evaluated against LAPAS tasks and functions, is: 1) Service, coaching and education ANDIKPAS includes:

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-facilities available;-education provided;-delivered coaching;-the given curriculum;-what the training/facilitator is doing.

2) The quality of the ANDIKPAS includes:

-the laughter of the Lord YME;-intellectual quality;-quality of attitude and behavior;-the quality of professionalism/affordability;-physical health and rokhani;

c. Reporting

Which needs to be reported in the implementation of the task and function of the LAPAS is whether child rights in the LAPAS have been met, such as: 1) performs worship according to his religion and beliefs; 2) gets treatment; 3) gets education and teaching; 4) gets a decent health and food service; 5) delivers a complaint; 6) gets the reading material and follows the broadcast mass media

that is not prohibited; 7) receives family visits, legal advisors or persons

certain; 8) get a reduction in criminal times (except state children and

civil children); 9) get the chance to assimilate, including visiting

family; 10) get conditional release (except civilian); 11) got free time leave (except for civilians); 12) earning other rights in accordance with the perundang regulations-

invitation; 13) health care and services, as well as the type of service

health.

3. State House of Prisoners (RECRUITMENT) a. Monitoring

1) Is HIRING to have implemented the admission process and administration such as: a) carrying out child custody registration? b) carry out services and treatments? c) perform coaching/social guidance, kerohanian? d) carry out work exercises? e) hosting the management and business of HIRING business?

2) Is HIRING to request the Litmas of PK BAPAS in determining the service and treatment process?

3) Is HIRING in performing the principal tasks and functions more emphasis on the field of education, training,

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The courses tend to be on debriefing efforts, the addition of science, and not on production issues?

4) Is the service and treatment in HIRING more important to education coaching by depanting the fulfilment of child rights, and protection, as well as siding with the child?

5) Do RECRUITS conduct discrimination and violence against children?

6) Is HIRING already available the means and infrastructure necessary for the benefit of children 's treatment according to the growing needs of children' s flowers?

7) Is HIRING already available the means and the complaint mechanism for child prisoners?

8) Does HIRING provide legal assistance and consulting? B. Evaluation

That needs to be evaluated against the execution of the tasks and functions of HIRING is: 1) Service, and child care include:

-facilities available;-education and training provided;-coaching and legal servants who delivered;-a given health service;-a given hulum consultation.

2) The quality of the child, covering:

a) the ridicule of God YME; b) intellectual qualities; c) the quality of attitude and behavior; d) quality professionalism/estrangness; e) of physical health and rokhani.

c. Reporting

Which needs to be reported in the implementation of the task and function of HIRING is whether child rights in RECRUITMENT has been met, such as: 1) performs worship according to his religion and beliefs; 3) gets treatment; 4) gets education and teaching; 5) gets a decent health and food service; 6) delivers a complaint; 7) Getting the reading material and following the broadcast mass media

that is not prohibited; 8) receives family visits, legal advisors or persons

certain; 9) obtain a reduction in criminal times (except state children and

civil children); 10) the means of care, and health care, as well as the type of service

health;

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11) obtaining other rights in accordance with the invitational regulations;

12) obtaining the service and the complaint mechanism; 13) obtaining assistance and legal consultation.

E. The Ministry of Social

1. Monitoring a. What is the number and type of ABH criminal cases (male and female)

that are dealt with? B. What is the number and type of ABH criminal case still student status

(SD, SLTP, SLTA)? C. What is the number and type of ABH criminal case that is resolved with

the restorative justice approach? How many things didn't work out? Why?

d. What is the number and type of ABH criminal case that the investigation has stopped with the Investigative Stops notice involving a social worker? Why?

e. What is the number and type of ABH criminal cases that are dealt with in the way of cooperation with social workers? Name the institution and why doesn't the other matter be done with cooperation?

f. How many homes and social services have a special register book of criminal ABH cases? If it doesn't exist, why?

2. Evaluation

a. Does ABH 's handling have complied with the provisions and legal procedures pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 on the Children' s Court?

b. Whether ABH handling is carried out by the Ministry of Social Affairs and the local government ' s social services through the child social welfare organizer (UPT, UPTD, ABH Protection and Social Rehabilitation Committee, the Protection and Rehabilitation Of Social Children Dealing with public-based law and other LKSA partners) has been in accordance with the principles of the child 's best interests, restorative justice, and fulfillment of the needs of the child' s basic rights?

c. Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?

d. Is it done a field visit to know the progress of the offender resolved with the restorative justice approach?

e. Is in the handling of criminal cases of ABH held monthly coordination meetings in Social Services and Social Services by engaging ABH networks? If anything, for what case? If not, why?

f. Is there a public complaint service box available? If there is, is there a response from the community? If it doesn't exist, why?

g. Is it in the handling of the case ABH is accompanied by BAPAS, social worker, child social institution (LSA), legal aid agency (LBH), child protection agency (LPA)? If not, why?

h. Have the authorities done the task by referring to the azas of professionalism? If not, why?

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i. What are the obstacles or obstacles faced in the handling of ABH related to the means, infrastructure, funds and human resources available?

j. Does the Ministry of Social Affairs conduct the evaluation and analysis of ABH data handled by the Child Social Welfare Association (LPKSA)?

k. Does the Ministry of Social Affairs conduct an evaluation to the extent to which policy on handling, protection and social rehabilitation of the child have been able to provide protection to ABH?

3. Reporting a. Each orphanage or LPKSA and Social Services makes a monthly report

special case ABH (perpetrator, victim, and witness). B. Reporting based on the monitoring and evaluation results as items

1 and 2 above. C. The full report is made every 6 (six) months that will be brought

in the Coordination Meeting.

F. Ministry of Women ' s Empowerment and Child Protection

1. Monitoring Conduct monitoring the implementation of ABH handling performed by related agencies/agencies based on the report submitted and discussed at the time of the Coordination Meeting.

2. The evaluation conducts an evaluation of the execution of ABH handling performed by related agencies/agencies, based on the report submitted and discussed at the time of the Coordination Meeting.

3. Reporting

Conduct drafting an annual report on the handling of ABH carried out by related agencies/agencies, based on the report submitted and discussed at the time of the coordination meeting.

G. Ministry/Agency related to the Education field

1. Ministry of National Education. Monitoring

1) Does the provincial Board of Education, county/city have implemented a special national education policy for ABH?

2) Is there a cooperation with the Ministry of Law and Human Rights to provide special education hosting services for ABH, whether in the HIRING of the child and the LAPAS child?

3) Has it been available a general guide on the hosting of special education services for ABH, both on formal and nonformal educational pathways?

4) Is available operational cost assistance for the provision of special education services for ABH, both during the HIRE of the child and in the LAPAS child?

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5) Does the support means/infrastructure of education appropriate to the needs of education services for ABH that is held in the LAPAS/CHILD hire?

b. Evaluation 1) Is the national policy already in accordance with the needs of the services

special education for ABH? 2) Are the general guidelines on hosting the services

special education for ABH already workable? 3) Do the assistance of operational costs for the provision of services

special education for ABH is good in HIRING of the child and in the LAPAS the child is already in accordance with the need?

4) Is the support of the educational means/infrastructure sufficient and in accordance with the need for the hosting of education services for ABH that is held in the LAPAS/CHILD hire?

5) Is there already an additional issue of facilitation of legal education and human rights in extracurriculars?

c. Reporting 1) Reporting is compiled based on the monitoring and evaluation results

as are the items a and b above. 2) The full report is made every 6 (six) months that will

be brought in the Coordination Meeting.

2. Provincial and District Education/City. a. Monitoring

1) Is the education/infrastructure required LAPAS/CHILD hire in order of the education services ABH is already available? If it doesn't exist, why?

2) How many regular teachers/teaching workers are competent/qualified in the LAPAS/CHILD-hire? If not, why?

3) What is the teaching/learning for ABH in LAPAS/HIRING or outside is already available? If not, why?

4) Whether after learning/receiving reports there is a protege suspected of being a criminal offender, immediately coordination with the family side, educational institution or parent concerned? If not, why?

5) Is there any coordination with the authorities that are juridically conducting detention? If not, why?

6) Has already attempted the best exit so that the survival of the child's education may proceed/does not stop? If not, why?

7) Is there a facilitation for a child who is already assigned a suspect and is undergoing detention to stay in education, both in the LAPAS/RECRUITING environment and in the school of origin?

8) Is the information related to the investigation and execution of ABH detention has been provided?

9) Is the identity of the perpetrator being kept secret from any party that is not in direct interest?

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b. Evaluation 1) Is there a LAPAS/XX_ENCODE_CASE_CAPS_LOCK_ON hiring partnership with AGENCY

other related to ABH handling to evaluate the holding of learning for the ABH in the LAPAS/CHILD hire or outside? If not, why?

2) Is there a LAPAS/HIRING partnership with parents and the public to facilitate a child return in a regular education unit outside of LAPAS/CHILD hire after the end of the execution of actions that ABH is living? If not, why?

3) Whether there is LAPAS/HIRING with a companion/psychological/social worker who is tasked with providing good assistance during ABH undergoing legal/action sanctions in LAPAS/HIJ/HIRES? If not, why?

4) Is there any support for providing educational expenses for ABH, whether through the provincial APBD /kabupaten/city or APBN? If not, why?

5) Is there a cooperation of the Education Service with parents, LAPAS/HIRE in providing the side for the return of children to the post-serving post-sanctioned family/ABH action? If not, why?

c. Reporting 1) Each provincial and county educational Service/city makes

special monthly report of ABH cases (perpetrators, victims, and witnesses). 2) Reporting is compiled based on the monitoring and evaluation results

as are the items a and b above. 3) The full report is made every 6 (six) months later

brought in a coordination meeting. H. Ministry/Agency related to Health field

1. Ministry of Health. Monitoring

1) Is Norma, Standard, Guidelines and Criteria (NSPK) about Child Health Services in LAPAS/HIRING has been implemented?

2) Has been given technical facilitation for the provincial and county Health Service/city in the health service?

3) Has been implemented coordination with cross-program and related sectors to improve health care.

4) Are the means and infrastructure in the puskesmas and hospitals in order to improve health care already Available?

5) Is Jamkesmas having supported health care for ABH?

b. Evaluation 1) Is the Puskesmas Development Guidelines Capable of Tatalaksana

The Case of Violence against Women and Children has been implemented in the health care service for ABH?

2) Whether Early Detection Guidelines, Reporting and Persuasion Cases Of Violence And Child's Use for Health Power have been implemented in health care for ABH?

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3) Does the Violent Case Against Child Abuse Guidelines for Health Officers have been executed in health care for the ABH?

4) Did the Children ' s Health Service Guidelines in LAPAS/HIRE have been in compliance with the needs required by ABH?

5) Are technical guidelines related to child health services, whether teen reproductive health, HIV-AIDS and NAPZA are also in effect for ABH?

6) Is Puskesmas Capable of Tatalaksana The Case of Violence against Child also serving health care for ABH?

7) Is Puskesmas who fostered the child ' s LAPAS, child recruitment, and child in LAPAS/ADULTHOOD has been carrying out its duties?

8) Is the RSUD or PPT/CCP in the hospital having provided a referral health service for ABH?

9) Has it been done logging and reporting that can be used in determining policies in improving the child health coaching program in LAPAS/HIRING?

10) Does the provincial Health Service have made recapitulation of the report results of all county/city and provincial/central public hospitals and have been sent to the Ministry of Health through the Directorate of Bina Health Children a year once?

c. Reporting 1) Reporting is compiled based on the monitoring and evaluation results

as are the items a and b above. 2) The full report is made every 6 (six) months that will

be carried in the Coordination Meeting. 2. Provincial Health Service and District/City

a. Monitoring of the implementation of the program is conducted 2 times a year, respectively, i.e. at the provincial, district/city level, and the library that includes aspects of management and technical services.

b. Evaluation evaluations are held once a year, in a single level, i.e. at the central, provincial, county/city level, and puskesmas

c. Reporting 1) Search and reporting using the format available at

puskesmas, next every 3 (three) months reported to the county/city Health Service.

2) The county/city Health Service makes recaliptulation of reports belonging to puskesmas and hospitals in its work area, further sent to the Provincial Health Service every 6 (six) months

3) Provincial Health Service created The recapitulation of reports from all county/city and provincial/central public hospitals and subsequently sent to the Ministry of Health through the Bina Directorate of Child Health a year once.

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I. Institutions/Organizations related to Legal Assistance 1. Monitoring

a. What is the number and type of criminal cases ABH (male and female) dealt with?

b. What is the number and type of criminal cases of ABH (male and female) required for legal assistance by the police, the prosecutor and the court?

c. What is the number and type of criminal ABH cases that are being cut off by considering the defense?

d. What is the number and type of ABH criminal case still student status (SD, SLTP, SLTA)?

e. What is the number and type of ABH criminal case solved with restorative justice approaches at the police level, the prosecutor ' s office and the court? How many things didn't work out? Why?

f. What is the number and type of ABH criminal case in the submission of a second-stage case file attended by child parents, chaperones, BAPAS officers and legal advisors? If it doesn't exist, why?

g. What is the number and type of ABH criminal matter that the investigation has to do with the Investigative Pit Stop-Notice? Why?

h. What is the number and type of ABH criminal case that pre-judicial sued? Why?

i. What is the number and type of ABH criminal cases that make arrests and or detentions? Why?

j. How many and the types of criminal ABH cases held in custody, extended his detention, diverted and suspended his detention by investigators, the public prosecutor and the court? Why?

k. What is the number and type of ABH criminal cases handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?

l. What is the number of ABH that the legal advisor has facilitated to resolve its role with the restorative justice approach?

m. Does legal counsel comply with the obligation to conduct a home visit to know the development of ABH behavior in the community?

n. Is there a public complaint service box available for the implementation of ABH handling?

o. Is it in the conduct of distraction and surveillance, legal counsel in cooperation with the network?

p. Is the legal advisor coordinating with law enforcement agencies and networks on a regular basis?

2. Evaluation a. Whether in ABH 's handling has complied with the provisions and procedures

laws pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 about the Children' s Court?

b. Is it in the process of making the defense done by considering the best interests of the child?

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c. Are there any obstacles or barriers to the means, infrastructure, funds and human resources?

d. The extent to which the defense is considered by lawmakers, such as police, prosecutors, judges and LAPAS?

e. Since which is the coordination mechanism between legal counsel, police, prosecutor, court, LAPAS, RECRUITMENT and BAPAS as well as other related agencies and social organizations of social society?

f. Does the legal advisor make periodic reports (monthly, quarterly, semester and annual)?

g. Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?

h. Is it done a field visit to know the progress of the offender resolved with the restorative justice approach?

i. Is it a monthly co-ordination meeting at legal aid agencies or an advocate organization by engaging ABH networks? If anything, for what case? If not, why?

j. Have the authorities done the task by referring to the principle of professionalism? If not, why?

3. Reporting a. Any legal advisory office that deals with the criminal case of ABH

makes a special monthly report of ABH cases (perpetrators, victims, and witnesses).

b. Reporting based on the monitoring and evaluation results as items 1 and 2 above.

c. The full report is made every 6 (six) months once, then brought in the Coordination Meeting.

BAB VI

CLOSURE In order to meet the best interests for the child, this ABH Handling General Guidelines are compiled as an attempt to equalize The perception of law enforcement apparatus, the institutions are related to the efforts of the ABH handling with the restorative justice approach. In the operational landscape the law enforcement apparatus has a very strategic role in the handling of ABH with the restorative justice approach, despite the participation and support of the public, in order for ABH handling to run effective and efficient. The general guidelines of the ABH handling are intended as a reference to APH, agencies and related agencies governing the outline of ABH's handling of the handling of the perpetrators, victims and witnesses of felon in an attempt to provide special protection against ABH Since the investigation, prosecution and examination in front of the court and the execution of the court ruling. Operational technical matters that are not yet set in this General Guidelines will be set up later in the operational standard procedures of each Ministry/associated Ministry.

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Expected the General Guidelines of Child Accomplishment with this Law may be used as consideration, motivation and passion for law enforcement apparatus, the associated agencies in carrying out protection and fulfillment ABH rights with regard to non-discrimination principles, best interests for children, survival and growing outgrowth and appreciation of child opinion.

May God Almighty bestow his gifts and his hydars. To us all. Amin.

Specified in Jakarta on 19 October 2010 MINISTER OF STATE FOR WOMEN ' S EMPOWERMENT AND CHILD PROTECTION OF THE REPUBLIC OF INDONESIA,

LINDA AMALIA SARI

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