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Guidelines on the Right to Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law 1995); and Declaration of the Basic Principles of Justice for Victims of Crime and Violations of the Laws of International Human Rights and Violations of the Laws of International Human Rights and Humanitarian Law 1995. The Declaration of Basic Principles of Justice for Victims of Crimes and Abuses of Power. Under the terms in Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law it is stated that the victims had five of their reparations rights: a. Restitution b. Compensating c. Rehabilitation5 d. Satisfaction (Satisfaction) e. Unrecurrable guarantee (non reccurence)

5. Related to the granting of aid to witnesses and/or victims in Law Number 13 of 2006 stated that the granting of assistance to witnesses/victims was part of the inherent of the granting of protection and assistance provided by the LPSK6. Furthermore, the assistance intended by the Act mentioned in Article 6 includes the first, medical and second aid, psycho-social rehabilitation assistance.

6. The Act also stated that such assistance would be given to victims of severe human rights violations. Likewise, the Government Regulation (subsequently abbreviated as PP) No. 44 of 2008 on the granting of Compensation, Restitution and Assistance to Witnesses and Victims. The PP stated that victims of heavy human rights violations obtained the help of 7.

7. The aid provided through the Act is the special assistance that is given to the victim's witness because of the onset, physical and psychological suffering of the victims of severe human rights violations, in which aid or protection is determined through the process. assignment by the Witness Protection and Victims Protection Agency (LPSK). This grant is specifically granted in order to fulfill the right of recovery for the victims ' witnesses and in general to support/assist in the process of enforcement of the criminal law in particular in the process of law enforcement for the heavy human rights violations in the United States. " Indonesia.

8. In certain conditions this procedure in the SOP may also be used for victims of other criminal acts based on the LPSK decision with the requirement that the victim in a criminal offence specifically set up in the Special Act with It was expressly stated that the victim was entitled to medical and psychosocial assistance.

9. In terms of the terms of the granting of aid, the Act has set it under Article 33 to Article 36. The provisions of the article, this suggests that in terms of granting aid, the LPSK waits for the granting of assistance from victims or witnesses. This petition is written and

4 Reparation: A Sourcebook For Victims Of Torture And Other Violations Of Human Rights And

International Humanitarian Law, The Redress Trust 2003, case 15 5 On rehabilitation, satisfaction and assurance Unrecurred is not specifically discussed in

this part. Rehabilitation in them includes legal services, medical services or also psychological services aimed at restoring both the name and dignity of the victim. The act of satisfactory (satisfaction) includes recognition by the public that it is indeed the responsibility of the State and and also the general apology done by officials in a high enough position. The guarantee that this will not be repeated again or non repetitions with certain reforms in law and regulation. 6 See section 1 number 6

7 See Section 34 PP 44 of 2008

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may be submitted by the victim/witness in question or the person representing it to the LPSK. Next time the LPSK will notify in writing on the applicant regarding the acceptable or acceptable request of such assistance.

10. Generally, the description of the help-stage description is as follows: The first phase, submission of a grant. Article 33 states that the medical aid and treatment of psycho-social rehabilitation is given to witnesses and/or victims after a written request was submitted by the person in question or the person representing it. The written request was submitted to the LPSK based in the capital or at the nearest location of the applicant in which LPSK established its representative office in the area.

11. The second stage, a feasibility check for help. The subsequent relief of the aid will determine whether the witness and/or victim should be given assistance. After that, the LPSK decides whether or not to give assistance, determines the time frame and the quantity of the cost required in order to provide assistance. The decision of the LPSK which contains the acceptance of the request and the type of assistance and the term of the grant of assistance must be notified in writing to the concerned.

12. Third Stage, implementation of assistance. The LPSK assistance function that is in the implementation of assistance will cooperate with other related agencies (authorized agencies).

13. With the birth of PP No 44 of 2008 on the granting of Compensation, Restitution and Assistance then the procedures and aid mechanisms were becoming more apparent. To determine what type of aid the LPSK will provide to the witness and/or victim, is to be the absolute authority of the LPSK. Included in terms of the term of assistance and appointment of an institution of what will carry out medical aid services or psycho-social rehabilitation assistance. The decision of the LPSK would have been a final decision not to be compared to any more.

B. Intent and Purpose 1. The intent of drafting the operational standard of aid administration procedures is to

meet the need for operational guidelines for the LPSK as well as guidelines for the general public for the implementation of aid giving which is the definition of more further from Government Regulation No. 44 of 2008 on the Giving of Compensation, Resittion, and Assistance to the Witnesses and Victims.

2. The purpose of drafting the operational standard of assistance for assistance is in order to optimize the service of the LPSK in the granting of assistance so that this service can be exercised in an orderly manner, in accordance with the provisions of the laws the applicable, easy and simple, as well as provide legal certainty.

8 See: Blue Print LPSK inisitial Society, ICW-ICJR-Coalition Witness protection, 2008

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A. "PRINCIPLE OF AID 3". The granting of assistance in this standard has the principles:

1) Humanity: The humanitarian principle is the treatment with respect and respect for the dignity of victims in the implementation of aid.

2) Non discrimination: the principle of non-discrimination is non-discrimination. a direct or indirect limitation, harassment, or impossibility is based on human differentiation on the basis of religion, tribe, race, ethnicity, group, group, social status, economic status, gender, language, political beliefs, in the implementation of the assistance.

3) sufficient information: Sufficient information is provided with sufficient information regarding the provision of assistance and other information relating to the rights of the victims set up in the laws.

4) Special attention: The principle of special concern is the concern that must be given to the victim who has special needs in the exercise of the aid.

5) Participation: the principle referred to as the principle of Participation is to propotionally place the victim's position to express his opinion on the technical, shape, and subject of the performing services that will or is being provided.

6) The uncertainty of the law: In question, the principle of legal certainty is the legal guarantee of both substance and substance. The procedure for the implementation of assistance is related to the victim's rights and position.

D. Basic Law 4. The legal basis of this SOP drafting is:

Law No. 13 of 2006 on Witness Protection and Victims. • Law No 26 of 2006 on the Human Rights Court of Government Regulation No. 44 of 2008 on the Compensation of Compensation,

Resitusi, and Assistance to the Witnesses and Victims. • Government Regulation No. 3 of 2002 on Compensation of Compensation, Risk, and

rehabilitation of Witness Victims of the Victims of Human Rights violation E. Lingkup Room 5. The operational standard of this procedure is the written guidelines on what to do,

when, where, and by whom in the granting of LPSK aid services. The operational standard of this procedure is arranged to provide reassurance over the way and links of assistance services by LPSK to avoid any deviation in the process of execution of activities that will interfere with the organization's performance. Overall. Its coverage is for LPSK to be able to run optimally and function effectively and efficiently.

6. The scope of the operational standard of this procedure includes the stage of assistance that is the application stage for the application of assistance, an examination of the feasibility of providing assistance, and the stage of the assistance that is given.

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B. Scaling 9. 7. The common notions associated with this SOP are:

a. A victim is a person who suffers from physical, mental, and/or economic losses resulting from a criminal offence. A victim is a person or group of people who suffer from both physical, mental and emotional distress, caused by a criminal offence.

b. The applicant is a victim, a family, including the regents, guardians or legal powers of the victim, who can apply for help to the LPSK

c. The heavy human rights violations in the SOP are (1) criminal acts governed in Law No 26 of 2000 include genocides and crimes against humanity.

d. Assistance is the service given to the Victims and/or Witness by the LPSK in the form of medical assistance and psychiatric rehabilitation assistance. as determined by legislation requiring medical action and the act of psycho-social rehabilitation.

e. Medical assistance is a form of aid services that LPSK provides for medical care needs by doctors or other experts associated with medical services to victims given by LPSK in the form of medical measures in accordance with the witness condition and/or the victim

f. Social psycho rehabilitation assistance is a form of aid services that LPSK provides with regard to psychological and social recovery needs by psychologists, psychiatrists, trained social workers or psychosocial health workers. or other related experts to recover the psychiatric and competency conditions as well as the victim ' s social modalities.

g. The results of the analysis of medical teams or psychologists are the results of the study and the conclusion of a medical team/psychologists/other related experts appointed LPSK who recommended in terms of the victim need or not to be given aid services or how large form of service coverage that will be provided.

h. Examination of the feasibility examination is an examination conducted by the Directorate of Penelaahan and Investigation for input and analysis to determine whether or not it is feasible (including an explanation of the degree/category of service) required) granting medical or psycho-social rehabilitation aid to witnesses and/or victims to be provided by LPSK

i. Related agencies are government agencies and non-governmental organizations or non-governmental organizations that have the capacity and the right to provide both direct and indirect assistance that can support the work of the LPSK

9 major Acuan in this sense was obtained from PP No 44 of 2008

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CHAPTER II SUBMISSION FOR ASSISTANCE

A. General 8. Based on PP Number 44 of 2008 it was stated that the LPSK received a request for assistance

filed by the Victim, Family, or its Ruler with a special power letter. The applicant applied to the LPSK in writing in the Indonesian language on paper in the papers. In relation to the granting of the aid Directorate of Medical Assistance and LPSK Psychiatry is the directorate responsible for the admissions process, the examination of the feasibility, and the implementation of the assistance. Whereas the time it takes in a file check according to PP is two days old work.

B. Formal Requirement 9. The application contains at least one of the following: the applicant's identity, the description of

a severe criminal violation of human rights violations, the alleged identity of a criminal offence of human rights violations, including the form of a violation of the law. requested assistance.

10. The identity of the applicant; it is composed at least: a. Full name, alias name, nickname b. Age/date of birth c. Sex d. KTP/address of the last residence (domicile) e. Marital status f. Religion (for the benefit of service) g. Work h. Education. Number and name of the batih family member

11. The description of the event of a human rights mortal breach in the complaint, which contains the following: a. Chronological Event. B. The type of threat and intimidation, physical injury of any accepted psychic or situation that

is experienced and in what form. C. Steps that have been done by the applicant (if any)

12. The identity of the alleged perpetrator of the heavy human rights violations in this case is information that includes a. Full name, alias name, nickname b. Age/date of birth c. gender d. Address KTP/Address of the last residence (domicile) e. Nationality/citizenship f. Intitle (State or corporation) If the applicant has not yet had any information related or does not have the ability to complete the information relating to the perpetrator then his agility process will be facilitated

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by LPSK. 13. The requested form of assistance includes medical and psychosocial assistance expected by

the 14 applicant. The letter of the request was attached:

a. Photocopies of the Identity of the Victims authorized by officials of the authority of 10; b. Letter of testimony from the National Commission on Human Rights showing the applicant

as the victim or family of the victims of a heavy human rights violation; c. In the case of human rights violations it has been decided by the court

that has gained the legal force remaining then given the photocopy of the human rights court ruling a.11

d. Family relations certificate, if pleas are submitted by the Family; and e. Special power mail, if assistance is submitted by the authority of the victim or power.

C. Submission Time 1. If the applicant has applied to the inquiry stage, the inquiry, this prosecution

means, the device has not been broken up by the court. In order to submit a plea before the court's ruling, it must be attached to a letter from the National Commission on Human Rights, which states that the applicant is actually a victim and mentioned the form of his assistance. It's gone 12. For the applicant to apply after the case is broken up by the court. The application must be attached to the court's ruling.

2. The part that will receive any application is in the Reception function in the Field of Assistance, Compensation and LPSK restitution.

3. The Reception function: a. Accept the whole plea process. B. Perform the records and registration of the complaint and make a receipt. C. Confirm to the applicant about the formal completeness

request (document recheck). D. Create proof of receipt of documents. e. Setting up a double application application (six) to be given to the directorate

suppressor f. Check the request and embed the request if it is found that

the application does not match the LPSK work mandate

10 Identity Cards include: 1. The Letter of Attraction from the Head of the Village, RT, RW, Camat 2. The Kenal Letter was Born 3. Family card 4. Diploma/Rapor 5. Divorce/Akte Divorce 6. Letter from the Embassy/in terms of the missing applicant ' s Passport

11 If the applicant has not yet had any information related or has no ability to complete the attachment relating to the Court of Human Rights ruling then the process The agility will be facilitated by the LPSK

12 This l can be facilitated by the LPSK to make it easier for access to KOMNAS HAM

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D. Procedure and Stage Request 15. The applicant submits a request to the LPSK through the LPSK complaint function that is in

the field of Assistance, Compensation and Restitution of LPSK (Deputy Bid Assistance), addressed to the Chairman of the LPSK.

16. Once accepted by the admission field then the request will be examined by the Reception function. The officer in the admissions function will conduct a preliminary examination related to the plea. In the event of such a request is not an authority of the LPSK then the officer will return the plea.

17. After the preliminary examination and decide that the request is the authority of the LPSK then the officer will provide the registration number and give the receipt receipt to the complainants. A preliminary examination of the application file (including the completeness of the document) will be performed at the time the file is received by the LPSK Reception function

18. If in the case of a file being declared a formal application of the application, the file is directly submitted to the Elastic And Investigative Functions. Whereas if in case the file is declared not to be eligible the formal request, then the file will be supplemented by the applicant.

19. For requests submitted directly to the LPSK (without letter of correspondence), then in the same day and hours of work, the File Reception Officer will examine directly well in terms of the preliminary examination related to the authority of the LPSK nor a formal examination of the formal request and immediately provide advice to the applicant for the completeness of the submitted file.

20. If in the event of a request to be submitted directly, the applicant may also directly supplement and correct the application of the application with the formal fulfillment of the request.

21. Requests sent by the applicant via a post or courier, in which case the specified file does not meet the formal terms then it will be immediately notified to the applicant to be equipped or repaired. In this case, the applicant must complete or correct the application file to be eligible for a formal request. In this case, the applicant is required to complete the request within 7 business days since the notice of the file was received.

22. If within 7 business days the applicant does not complete it, then the applicant is deemed to revoke his application.

COMMISSIONER FOR HELP, COMPENSATION &

RESTITUTION LPSK