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No. 13, 2010

The provisions regarding the implementation of the SOP as referred to in Section 1 are contained in the appendix and are an inseparable part of this Regulation.

SOP Requests and Implementation Of Restitution this is compiled as:

In the event of carrying out applications and restitution execution services, the related service units in the scope of the LPSK are required to comply with the provisions of the application of the application and the implementation of restitution in accordance with the SOP Pleas and Implementation Of Restitution.

This rule comes into effect from the date set.

In order for everyone to know, order the invitation of the LPSK Regulation with its placement in the State News of the Republic of Indonesia.


Promulgated in Jakarta
On January 13, 2010
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

THE PATRIALIST AKBAR

ATTACHMENT 1

REGULATIONS OF WITNESS PROTECTION AGENCIES AND VICTIMS ABOUT THE OPERATIONAL STANDARDS OF PROCEDURE (SOP) RESTITUTION AND EXECUTION OF RESTITUTION NUMBER: 1 YEAR 2010 DATE: JANUARY 13, 2010

A. UMUM

1. One of the essential instruments that is the cornerstone for fulfilling the obligation of recovery or reparation to the victim is the Fundamental Principles and Guidelines of the Right to Recovery for Victims of International Human Rights Law Violations and the Humanitarian Law (Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law 1995); and The Declaration of Basic Principles of Justice for Victims of Crime and Abuse Power (Declaration of Basic Principles of Justice for Victims of Crimes and Abuses Of course in Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law stated that the victims had five rights recovery or reparation is:
a. Restitution
B. Compensation
C. Rehabilitation
D. Satisfaction (Satisfaction)
e. Guarantee of recurrance (non reccurence)

2. In Indonesia, the right of restitution given to victims of criminal offences is set in particular through the 2006 Law No 13 Year Act on Witness Protection and Victims including a special form of damages given to the victims of the followup. A criminal who has suffered suffering (including physical and psychic) or a property loss in which his gift process is facilitated by the LPSK, in the process of invocation by the victim, the suppressor by the LPSK, and will be submitted to the Court in order to be present in the United States. It's a trial. This restitution is specifically given in order to fulfill the right to recovery for victims of criminal offences and in general to support the reform process of the criminal justice system.

3. Act No 13 of 2006 (for further referred to as Law 13/2006) explicitly states that the restitution to the victim is a inherently of the Pokok Task and the LPSK Function. Furthermore, the restitution intended by law, under the provisions of Article 7 of the paragraph (1) of the Act of 13/2006, is stated that the victim is entitled to restitution or damages that it is responsible for the perpetrator of the criminal. This was further set up in Government Regulation (PP) No. 44 of 2008 On the Giving of Compensation, Restitution, And Assistance To Witnesses And Victims (for further referred to as PP 44/2008). In chapter 1, 5 is stated that the restitution is to replace the loss given to the victim or to the family by the perpetrator or third party, may be the return of the property, the payment of the damages to loss or suffering, or A replacement for this file

4. In terms of the terms of the restitution method, PP 44/2008 has set it from Section 20 to Article 33. Under these provisions, the restitution stages are as follows:
a. The first stage, filing a restitution application. Article 20 s/d 22 mentions that the restitution is given to the victim after a written request was submitted by the person in question or the person representing it. The written request was submitted with certain requirements to the LPSK which is based in the capital or the nearest location of the applicant in which the LPSK established its representative office in the area.
B. Phase two, the examination of restitution eligibility. The next LPSK will examine the formal and subtantively completeness of the victim's absence to be given restitution. After deciding whether or not it is worth and restitution, the LPSK will determine the amount of compensation costs that will be included in the court.
C. Stage three, the restitution implementation. If there has been a decision from the court of restitution then the function of the restitution of the LPSK in carrying out the restitution will cooperate with other related agencies (authorities), the law enforcement agencies are the prosecutor and the law enforcement agency. trial.
B. INTENT AND PURPOSE

5. The intent of drafting the guideline and the standard of implementation operational procedures and implementation of restitution is to meet the need for an operational technical guide for the LPSK including guidelines for the general public and for the execution of restitution is a further definition of PP 44/2008.

6. The purpose of drafting the guideline and the standard operational procedure of the application and implementation of restitution is in order to optimize the LPSK service for implementation and facilitate the victims of criminal acts in the execution of restitution in order to be able to An orderly conduct, in accordance with the provisions of the applicable laws, is easy and simple, and gives legal certainty.

C. THE PRINCIPLES

7. The implementation of the restitution is based on the principles:
a. The award of both harkat and human dignity; i.e. the treatment of respect and human dignity in the exercise of restitution in accordance with the human rights that includes protection, service, imprisonment.
B. Non-discrimination: the absence of restriction, harassment, or indirect or indirect excommunication is based on human differentiation on the basis of religion, ethnicity, race, ethnicity, group, group, social status, economic status, gender, language, and social status, and the non-discrimination against the human being. political belief, in the exercise of restitution.
C. Justice; that is, the fulfillment of a sense of justice for the victim of a criminal act in accordance with the right and the position in accordance with the law and other general principles in the exercise of restitution.
D. Legal certainty: the presence of legal assurances both the substance or the procedure in the execution of the restitution is related to the rights and position of the victim.

D. THE LEGAL BASIS

8. Basic Law Drafting Guidelines and Standards This Operational Procedure is Law Number 13 of 2006 On Witness Protection and Victims and Government Regulation No. 44 of 2008 on Granting Assistance Compensation, and Resitusi to Witnesses and survivors. However, as an additional legal basis, the Guidelines and Standards of this Operational Procedure also consider some other related laws including Law No. 26 of 2000 on the Court of Human Rights, Government Regulation No. 3 of 2002 on Compensation, Restitution, and Rehabilitation Of Victims Of Severe Human Rights Violations and Law No 8 Year 1981 on the Book of Criminal Events Law (KUHAP).

E. SCOPE

9. The Guidelines and Standards of this Operational Procedure are the written standards on what to do, when, where, and by whom in the implementation of LPSK restitution services. The guidelines and standards of this Operational Procedure are arranged to provide certainty in the way and links of the restitution services by LPSK to avoid any variation in the execution of activities that will disrupt the organization's performance. Overall.
10. The scope of the guideline and the standard of these operational procedures include three stages, i.e., the submission of restitution applications, the examination stage of restitution eligibility, and the restitution phase.
11. The guidelines and standards of these operational procedures are also supplemented by internal guidelines of restitution components as LPSK guidelines to determine the restitution forms that the victims of the Court are to be moveable to the Court of Justice.

F. GENERIC NOTIONS

12. In the standard of this operational procedure, there needs to be an explanation of some sense as follows:
a. A victim is a person who suffers from physical, mental, and/or economic losses resulting from a criminal offence. Victims include individuals or groups of people who suffer from both physical, mental and emotional distress, which are due to a criminal act.
B. A family is a person who has a blood connection in a straight line up or down and the line sideways to the third degree, or the one with the marital relationship, or the person who is the Witness and/or the Victim's response.
C. A subtanctive examination is the examination of the feasibility conducted by the LPSK to ensure the occurrence of events, the identity of the victim's identity and determining whether or not restitution is given (including an explanation of the quantity of damages) needed). The substantive examination in this provision is intended to seek correctness for the criminal acts and losses that the Victims have suffered.
D. The court is a state court that authorities examine, prosecute, and break the criminal offence concerned.
e. UP2 LPSK is LPSK ' s Application Reception Unit

BAB II

RESTITUTION PROCEDURE

A. RESTITUTION REQUEST
A. 1. The Formal Terms Of The Request

13. Restitution requests are performed with the provisions as follows:
a. In accordance with the provisions of Article 20 of the paragraph (2) of the PP 44/2008, the application of a restitution application may be performed by the victim, family and legal authority.

B. If a request is submitted in addition to the victim directly, then if the use of the power is attached to the special power letter and if the request is delivered by the family then it is attached to the family relationship certificate.

C. The request was made in writing, on paper that was well-held, to be submitted to the Court by the intercession of the LPSK.

D. The victim, family or power only relay his request to LPSK, next LPSK has the authority to file it to the Court.

e. The submission of the Restitution, may be performed when (1) has not received the prejudicial ruling of a fixed law, (2) when the court ruling has been fixed or (3) before the public prosecutor read it. His demands are in front of the trial.

f. The term of the filing for the Restitution was made when the accepted court ruling which had a legal force was accepted by the LPSK the slowest after 90 days after the court ruling had a fixed legal force. It was discovered by the applicant.

G. The LPSK cannot accept a restitution application in the case of a fixed legal court ruling, when the ruling occurred at the time of the birth of the 13/2006 bill.

14. The minimum request contains:

a. The applicant ' s identity, which describes the full name of the applicant, place of date of birth, the address of domicile, the telephone number that can be reached, religion, employment, marital status, the number of dependents in the family, name and family relations are taken with The applicant, as well as the status/capacity of the applicant so be the victim of a criminal offence.
B. The description of the criminal act, explains the events of the crimes committed by the victim. Such events include time, place, chronological events that occur, the condition of the victim at the time of the event, the position of the victim when the event occurs, and other details that explain the course of the event of the criminal act.
C. The identity of the perpetrator is a criminal, illuminating the identity of the perpetrator or the parties committing a crime. The name of the perpetrator, the place and date of birth, the work, the address, the nationality of the perpetrator, in which the perpetrator commits a criminal offence, and other explanations, which reveal the identity of the perpetrator of the criminal offence. ¹
D. A tangible description of the loss is suffered by the victim and/or his family, outlining the forms of loss experienced by the petitioner, as a result of the criminal act. Such losses must be real suffered by the petitioner. And, including into the type of loss that can be covered through the restitution mechanism, which includes: treatment costs and counselling fees, loss of income or profit to be reckoned with, funeral costs and burials, transportation costs As long as it takes care of the restitution process, the loss of happiness in life, as a result of the suffering experienced, the cost of replacement or repair of assets and property, and other additional costs that can be proven its use.
e. The form of restitution is requested, in this explanation described forms of restitution requested by the applicant either money or referencing the goods from the perpetrator.

15. LPSK provides a restitution application form that contains the above data for the applicant who cannot make a submission request. The restitution applicant can fill the form provided by the LPSK, blinding it with sufficient stamps, and sign it. To then hand it back to the LPSK to be conducted vetting and submitted to the public prosecutor or to the Court.

16. In addition to the above information, the restitution requests filed by the victim, family, or its power, must also be attached to a number of the evidence. The evidence that explains the identity of the victim, or the evidence is related to the types of losses suffered from the victims, so needs to be asked for restitution requests. The evidence includes:
a. photocopy of the identity of the Victim authorized by the authorized official; for example, the Resident Tags Card (KTP) is still in effect, the Driving Permit (SIM), Passport, or any other identity card.
B. Evidence of loss-real damage suffered by victims or families made or authorized by authorized officials, who include the salary Slip of the salary of the salary in which the victim worked or the Owed Tax Letter (SPT). Income tax is made known to the income of the victims as well as the UN SPT from the property of the lost victims. The value of the missing item/object has a missing victim, issued by an accredited apprataser. Evidence of a home or workplace renovation, in order to facilitate the activities of the victim, was issued a renovation. The applicant also needs to attach other evidence according to the victim ' s proposed restitution form.
c. Evidence of the charges incurred during the care and/or treatment authorized by the agency or the parties that perform treatment or treatment, which list the receipts and payment invoices, which are associated with the cost of the victim's treatment. Treatment reports (medical report), issued by hospitals or doctors caring for the victim, include also a counseling report for health (mental mental health counseling). Including if there is evidence of spending to purchase the equipment and equipment that the victim needs, such as a wheelchair, and so on.
D. a photocopy of a death letter passed by officials in the event of the death of the world, issued by Lurah or the Head of the Village, the site of the domicile victim.
e. A letter from the Indonesian National Police who showed the applicant as a victim of a criminal offence, in it expounded briefly on the events of the criminal nature of the victims.
f. a photocopy of the court ruling passed by the authorized official in the event if the application is submitted after a fixed legal ruling fixed.
G. Family relationship information, if the application is submitted by the Family; and
h. a special power letter, if the Restitution plea is submitted by the Victim ' s power or Family power.

17. The completeness of the application application, and the evidence that may indicate, that the real loss is experienced by the victim, will strongly determine whether it is passed on or not the restitution application of the LPSK to the public prosecutor or to the The court.

18. Photocopies must be passed by authorized officials, while the official kuittances and letters must be made by the authorized official.

A. 2. Sets The Way Of Filing Restitution Requests

19. The applicant delivers an application along with other evidence related to the restitution application to the Chairman of the local District Court through the Chairman of the LPSK.

20. In the event of a request to be submitted upon the existence of a fixed legal court ruling, then a request can only be filed within 90 days of the known or received the court ruling by the applicant.
21. The delivery of a plea or restitution request information can be performed directly to LPSK or by mail and/or fax and/or email, and/or tool – other telecommunication tools to the LPSK address.

1) Pleas given Direct to LPSK

22. Since the direct Restitution plea ² is accepted by UP2 LPSK, then UP2 immediately gives the registration number and UP2 LPSK stating as the restitution application information. Against the letter –an official letter is related to the restitution application information, UP2 LPSK issued the News Event Reception Event.

23. Upon receiving the request, LPSK immediately checks if the information of the restitution is in accordance with the authority of the LPSK including the administrative completeness of the application application. After UP2 LPSK checks the completeness of the restitution application information, UP2 LPSK tells the applicant and/or its language about the status of the application as well as the completeness of the application file whether it is fully specified or lacking. If the request is otherwise incomplete then the LPSK also gives the instructions in writing to the applicant about which file is specified less complete.

24. In the most prolonged 30 (thirty) days of work, the applicant is obliged to complete the specified application of the request to the LPSK. If the applicant does not complete the file as requested by UP2 LPSK, then UP2 LPSK will propose to be implemented the plenary meeting to take the decision.

25. The full pariplenary decision will be sent to the applicant.

2) Indirect plea ³

26. Since the Restitution request was received by UP2 LPSK, then UP2 immediately gave registration numbers and UP2 LPSK stated as the restitution application information. Against the letter –an official letter is related to the restitution application information, UP2 LPSK issued the News Event Reception Event.

27. Upon receiving a request, LPSK immediately checks on whether the information of such restitution requests in accordance with the authority of the LPSK includes the administrative completeness of the application application. Within 3 x 24 hours after UP2 LPSK examined the completeness of the restitution application information, UP2 LPSK notified the applicant in writing via the letter to the applicant ' s address and/or its language about the status of the application as well as the The completion of the application file is specified or otherwise complete. If the request is otherwise incomplete then the LPSK also gives the instructions in writing to the applicant about which file is specified less complete.

28. In the most prolonged 30 (thirty) days of work, the applicant is obliged to complete the given request file that is less complete to the LPSK. If the applicant does not complete the file as requested by UP2 LPSK, then UP2 LPSK will propose to be implemented the plenary meeting to take the decision.

29. The full pariplenary decision results will be sent to the applicant.

B. PTHE PLENARY SESSION OF THE MEETING

30. If the applicant completes the file as requested by UP2 LPSK, before the 30-day deadline then in the most recent 3 (three) business days after the file is declared complete then UP2 LPSK immediately sends the official LPSK letter stating that the restitution application information is complete.

31. After a substantive examination then UP2 LPSK immediately proposes a plenary meeting to decide the plea can be accepted or not.

32. Within 7 (seven) days since the file is declared complete, LPSK is already making a decision on that request in the plenary Meeting

33. In the event the plenary meeting decided that the application was accepted, the subsequent request was granted to be further addressed by the LPSK Assistance Field.

34. LPSK can perform substantive examination of restitution applications.

35. LPSK may request the captions of the applicant and/or the power, family of the victims, and the accused/convict related to the restitution plea filed by the applicant. The description includes statements about the circumstances of the loss suffered by the victim and/or the families of the victims.

36. In terms of the applicant and/or the victim or the families of the victims did not heed the request of the LPSK to provide the caption as much as 3 (three) times in a row – participate without proper and exemplary reasons, then the LPSK sends notice that The applicant has been declared deemed to revoke the plea and simultaneously send the entire letter – the official letter associated with the plea to the applicant.

37. LPSK may also request a description of the defendant/convict ' s ability to make restitution payments. If the restitution payment is made by a Third Party, then the accused/convict is required to present a third party.

38. LPSK also conducts research through other sources that can be liable for its validity in digging up information about real harm suffered by the victim and/or his family as well as the defendant ' s ability/penal in Making restitution payments.

39. In suming up his decision LPSK issued a decision on the plea of restitution containing consideration (covering the quantity of damages) and the recommendation to be delivered to the General Prosecution and the relevant State Court.

B. 1. The Application In Conjunction With The Prosecution Process

40. In terms of restitution requests will be filed together with the prosecution process in the Court, LPSK sends the delivery letter to the application of the application file and the News Event Restitution File Restitution File to the Prosecutor General It is attached to the Restitution request and the LPSK decision.

41. Surrender of this document to the General Prosecuting should be performed or attempted before the public prosecutor reads a letter of prosecution against the defendant in the court or if it is possible that this plea was filed at the time of the prosecution's proceedings in the United States. trial (P 21)

42. LPSK sends a copy of an introductory letter and a derivative of the LPSK Decision sent to the victim and/or the power or family of the victim and the accused/or the third party the Public Prosecutor listed the Restitution request and the decision LPSK in its Untutant.

43. Court in all levels within 7 (seven) business days after the verdict is pronounced giving a copy of the verdict to the LPSK, and the LPSK within 7 (seven) business days after the copy of the ruling is required to notify. written to the victim and/or the power or family of the victim and the accused/or third party is attached to a court ruling at all levels.

44. Criminal and/or third parties within 30 (thirty) business days from the notice of the LPSK or a copy of a court ruling is required to carry out the Restitution verdict to the applicant and/or the families of the victims by being supervised by LPSK. LPSK is required to make news of the event execution a ruling signed by the petitioner and/or the petitioners, penal and/or third parties as well as LPSK officials and copies given to the Chairman of the competent state court, the Prosecutor. General, Victim/and or its power and/or the victims ' families, penal and/or third parties.

45. In the event of delay and/or payment gradually pass the term 30 (thirty) business days of execution of the Restitution, the applicant and/or its power and/or the families of the victims must make a written report to the Court The authorities and the LPSK. In that case above, the LPSK sends a letter of application to the Chairperson of the PN so that the Court may please order that the criminal and/or third parties exercise the court ruling
B. 2. The Restitution Plea after there is a fixed Law Power Decision

46. LPSK sends delivery letter delivery of the application file and the News Event Restitution File Restitution Letter to the Chairman of the State Court in the lamppost for Restitution and LPSK decisions and the court ruling of a powerful law Stay. The LPSK sends a copy of an introductory letter and a derivative of the LPSK Decision is sent to the victim and/or the power or family of the victim and the defendant/or the third party.

47. The court conducts an examination and establishes a restitution plea within 30 business days since the request was received by the Court. Court assignments must be delivered to the LPSK within 7 (7) business days since the date of the designation is spoken. LPSK within 7 (7) business days after a copy of the ruling is accepted to notify in writing to the victim and/or the power or family of the victim and the defendant/or third party are attached to the assignment trial.

48. Criminal and/or third parties within 30 (thirty) business days of the notice of the LPSK or a copy of the assignment of the court is accepted to execute the Restitution verdict to the applicant and/or the victim's family by supervised release. by the LPSK.

49. LPSK is required to make news of the event the execution of the court signed by the petitioner and/or the petitioners, penal and/or third parties as well as the LPSK officials and the copies given to the Chairman of the State Court of competent authority, The victim/and or his power and/or the victims ' families, penal and/or third parties.

50. In the event of delay and/or payment gradually pass the term 30 (thirty) business days of execution of the repayment of the Restitution, the applicant and/or its power and/or the families of the victims must make a written report to the Court The authorities and the LPSK. In that case above, the LPSK sends a letter of application to the Chairperson of the PN so that the Court please order the criminal and/or the third party to exercise the court ruling.


B. 3. Restitution Plea before there is a fixed Law Power Decision
51. LPSK sends delivery letters delivery file request and News Event Restitution File Restitution File to the Chairman of the State Court in the lamppost for Restitution and LPSK decisions and non-powerful court rulings The law remains The LPSK sends a copy of an introductory letter and derivative of the LPSK Decision to be sent to the victim and/or the power or family of the victim and the defendant/convict and/or third party.

52. The court conducts an examination and sets out a restitution application within 30 business days since the request was received by the Court. A court assignment must be delivered to the LPSK within 7 (7) business days from the date of the designation of LPSK within 7 (7) business days after the copy of the ruling is required to notify in writing to the IBM International Organization for the Cloud Service. the victim and/or the power or family of the victim and the defendant/or the third party is attached to the court setting.

53. Criminal and/or third parties within 30 (thirty) days of work since the term of a fixed legal ruling and after the notice of the LPSK or a copy of the assignment of the court is required to carry out the verdict Restitution to the applicant and/or the families of the victims by being supervised by the LPSK.

54. LPSK is required to make news of the event the execution of the court signed by the petitioner and/or the petitioners, penal and/or third parties as well as the LPSK officials and the copies given to the Chairman of the State Court of competent authority, The victim/and or his power and/or the victims ' families, penal and/or third parties.

55. In the event of delay and/or payment gradually pass the term 30 (thirty) work day execution of the Restitution verdict, the applicant and/or its power and/or the victim ' s family must make a written report to the Court The authorities and the LPSK. In that case above, the LPSK sends a letter of application to the Chairperson of the PN so that the Court please order the criminal and/or the third party to exercise the court ruling.

BAB III

RESTITUTION PROCEDURE PROCEDURE

A. The Decision Of Restitution Requests In The Form Of Court Designation

56. Based on Article 29 paragraph (2) PP No. 44 Year 2007 the court designation of the restitution application is delivered to LPSK in the slowest 7 (seven) business days since the date of assignment.

57. After receiving a copy of the assignment on the restitution request, the LPSK Assistance Section prepares a court-setting notice of the request for restitution to the Victims, Family, or Rulers and Perpetrators of the Criminal Code and/or the parties Third.

58. In the event of a court designation stipulating that the restitution application is accepted by the court and granted then the notice letter contains a brief description of the contents of the court designation and the notice to and the perpetrator of the criminal and/or Third party to execute judgment in the slowest term of 30 (thirty) days of working copy of the accepted court.

59. In the event of a court designation stipulating a restitution application then a notice letter contains a brief description of the court's designation and the notice that the restitution application is rejected by the court.

60. LPSK sends notice of court designation and a copy of the court's designation to the Victims, Family, or Rulers and the Perpetrator and/or third parties in the slowest term of 7 (7) business days since date of receipt.

61. Letter of notice and a copy of the court designation be sent to the address of the victim ' s residence, family, or domicile address of his legal power.

62. In case the offender is in a correctional institution then a notice letter and a copy of the assignment are sent to the address of the institution of the institution where the offender is serving the sentence, or the address of the perpetrator's family or the domicile legal power of the perpetrator

B. Restitution Request Decision In The Form Of Court Decision

63. Based on Article 30 paragraph (1) PP No. 44 of 2007 the court ruling over the restitution application is delivered to LPSK in the slowest 7 (seven) business days since the date of the verdict.

64. The termination of the court as referred to above is the ruling of the first-degree court or the ruling of a state court.

65. After receiving a court ruling on the restitution plea, the LPSK Relief Function prepares a court decision notice of the request for restitution to the Victims, the Family, or its Rulers and the Criminal Perpetrator and/or the party Third.

66. In case the court ruling decides that the restitution plea is received by the court and granted then the notice letter contains a brief description of the contents of the court ' s ruling.

67. In case the court ruling decides to reject the restitution plea then the notice letter contains a brief description of the court ' s ruling and the notice that the restitution plea is rejected by the court.

68. LPSK sends a letter of notice about the court ruling and a copy of the court ' s ruling in the slowest 7 (seven) working day since the date of receipt of the verdict to the Victim, Family, or its Ruling and the Criminal Offender And/or a third party.

69. In the event of the perpetrator of the criminal/defendant or the Attorney General of the Public Appeal appealed the court's decision, then the high court will make a decision on the appeal of the appeal.
70. High Court termination is delivered to LPSK in the slowest period 7 (seven) days of work counts since the date of the verdict is set.

71. After receiving the High Court ruling, the LPSK Assistance Functions prepare a High Court decision notification letter on the application of the restitution to the Victims, Family, or the Ruling and the third party ' s Criminal and/or Criminal Perpetrator.

72. In the event the High Court 's ruling decides to strengthen the Court of State Court a notice contains a brief description of the High Court' s contents.

73. In the event the High Court ruling decides to change the State of the State Court on the plea of restitution related to the amount and form of restitution then the notice letter contains a brief description of the contents of the High Court ' s ruling and changes to the State Court ' s ruling.

74. In the event the High Court 's ruling decides to reject the restitution plea then the notice letter contains a brief description of the court' s ruling and the notice that the restitution plea is rejected by the court.

75. LPSK sends a notice letter on the High Court ruling and a copy of the High Court ruling in the slowest period of 7 (seven) working days from the date of receipt of the verdict to the Victim, Family, or its Rulers and Perpetrators Criminal and/or a third party.

76. In the event of the perpetrator of the criminal/defendant or the Attorney General prosecuting the High Court ' s ruling, then the Supreme Court will grant a ruling on the plea of the cassation.

77. The Supreme Court ' s termination is delivered to the LPSK in the slowest 7 (seven) business days since the date of the verdict is set.
78. After receiving the Supreme Court ruling, the LPSK Relief Section prepares the Supreme Mahakamah 's notification of the decree on the application of the restitution to the Victims, Family, or its Rulers and the Third Party' s Criminal and/or Criminal Offenders.

79. In case the Supreme Court 's ruling decides to strengthen the High Court of the High Court notice containing a brief description of the contents of the Supreme Court' s ruling and the notice to the perpetrator and third party to carry out the ruling in the term most 30 (30) days of work since the copy of the court's verdict is accepted.

80. In case the Supreme Court ruling decides to change the High Court 's verdict on restitution requests related to the amount and form of restitution then the notice letter contains a brief description of the contents of the Supreme Court' s ruling and the change against the Supreme Court 's ruling and notice to the perpetrator and third party to carry out the ruling in the most 30 (thirty) business days since the copy of the court' s verdict is accepted.

81. In case the Supreme Court ruling decides to reject the restitution plea then the notice letter contains a brief description of the court ' s ruling and the notice that the restitution plea is rejected by the court.

82. LPSK sends a letter of notice about the Supreme Court ruling and a copy of the Supreme Court ruling in the slowest period of 7 (seven) working days since the date of receipt of the verdict to the Victim, Family, or its Rulers and Perpetrators Criminal and/or third party.

83. Letter of notice and a copy of the court ruling sent to the address of the victim ' s residence, family, or domicile address of his legal power.

84. In case the offender is in a correctional institution then a notice letter and a copy of the verdict are sent to the address of the institution of the agency where the offender is serving the sentence, or the address of the perpetrator's family or the domicile legal authority of the perpetrator

C. Restitution Execution

85. Based on Section 31 of the paragraph (1) PP No. 44 of 2007, the offender and/or third party carry out the assignment or judgment of the court in the slowest term of 30 (thirty) days of work as of the date of the copy of the document. trial/court ruling accepted.

86. The execution of a court order of restitution committed by a perpetrator or a third party is performed according to the mechanism by which the form and the number of restitution are specified/it is decided by the court.

87. The mechanism or method of the restitution of restitution is performed under an agreement between the perpetrator or the third party with the victim, his family or his power.

88. LPSK can establish the technical instructions of implementation of restitution in the event of no agreement on the mechanism or event of the restitution of restitution between the perpetrator or third party with the victim, family or its power.

89. In terms of the gradual giving of Restitution, the mechanism of gradual restitution implementation is done must be with consent or agreement with the victim, family or legal power.

90. In the event of the granting of the Restitution it is done incrementally each stage of execution or delay of execution must be reported to the Victim, Family or its Ruler to the court that establishes or decides the Restitution request.

91. In the event of the execution of the granting of the Restitution to the Victims beyond the term of 30 (thirty) working days, the Victims, the Family, or the language report it to the Court that sets out the Restitution and LPSK requests.
92. The court immediately commands the perpetrator of a criminal and/or third party to carry out the granting of Restitution, in the slowest term 14 (fourteen) days of work as since the date of the order is received.

93. Criminal and/or third party offenders report the implementation of Restitution to the court and the LPSK.

94. Against the reporting of restitution implementation, LPSK makes news of the event of restitution.

95. In terms of the gradual implementation of restitution, the LPSK makes news of the event every stage of the restitution implementation.

96. The implementation of the restitution has been done in accordance with the assignment/court decision and has been reported to the court then the court announces the execution of Restitution on the court ' s announcement board.




THE CHAIRMAN OF THE WITNESS PROTECTION AGENCY AND THE VICTIM



ABDUL HARIS SEMENDAWAI