REPUBLIC OF INDONESIA STATE NEWS

No. 621, 2015 THE ATTORNEY GENERAL. Diversions. Prosecution. Execution. Guideline.

REGULATION OF THE ATTORNEY GENERAL OF THE REPUBLIC OF INDONESIA

NUMBER PER-006 /A/J. A/04/ 2015 ABOUT

GUIDELINE IMPLEMENTATION DIVERSIONS AT THE PROSECUTION LEVEL

WITH THE GRACE OF GOD ALMIGHTY THE ATTORNEY GENERAL OF THE REPUBLIC OF INDONESIA,

Weigh: a. that the handling of the Child's affairs with the Law must truly guarantee the protection of the best interests of the Child and must aim at the creation of the Restorative Justice, both for the Child and Child of the victim;

b. that for the creation of the Restorative Justice, before turning to the judicial process at the prosecution's prosecution level, the General Prosecutions are obliged to be version, in connection with the exercise of the obligation, the need for regulations governing the conduct of the conduct of the process. The standard, standard and binding version for all General Prosecuting, to optimize the execution of the Prosecutor's duty of the Republic of Indonesia in the process of handling the Child Perkara with the Law;

c. that the implementation of the provisions of the Diversion on prosecution level as set in Invite-Invite Number 11 Year 2012 about the Children ' s Criminal Justice System needs to be set up more about the method of implementation;

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d. that based on consideration as referred to in the letter a, the letter b and the letter c, need to establish the Attorney General's Regulation on the Execution Guidelines Of The Version At The Prosecution Rate;

Given: 1. Law No. 16 of 2004 on the Prosecutor of the Republic of Indonesia (Indonesian Republic of Indonesia Year 2004 Number 67, Additional Gazette State Number 4401);

2. Law No. 11 of 2012 on the System of Criminal Justice (sheet State Of Indonesia In 2012 No. 153, Additional Gazette State Number 5332);

3. Presidential Act No. 38 of the Year 2010 on the Organization and the State Prosecutor's Work of the Republic of Indonesia;

4. Rule of the Attorney General Number PER-009/A/ J. A/01/2011 on the Organization and the Working Governance of the Republic of Indonesia as amended by the Regulation of the Attorney General RI Number: PER-006/A/JA/03/2014 on the Change in the Regulation of the Attorney General RI Number : PER-009/A/JA/01/2011 on Susunan Organization and the State Prosecutor's Work of the Republic of Indonesia;

DECIDED:

SET: THE ATTORNEY GENERAL ' S REGULATION ON THE GUIDELINES OF EXECUTION IN VERSION AT THE PROSECUTION RATE.

Section 1

The Execution Guidelines Of Diversions At The Prosecution Level are as set forth in an appendix which is an inseparable part of this Attorney General's Regulation.

Article 2

The Execution Guidelines are version At the prosecution level as referred to in Section 1 is the guideline for the General Prosecuting in carrying out the Diversion process at the prosecution level.

Article 3

At the time the Attorney General's Rule is in effect, any provision or The instructions relating to the handling of the child matter remain in effect. conflicting with this Attorney General's Rule.

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Article 4

The Attorney General's Regulation is valid on the date of the promulcity.

For everyone to know it, ordered the appointment of the Attorney General Regulation with its placement in the News of the State

Established in Jakarta on 15 April 2015 ATTORNEY GENERAL OF THE REPUBLIC OF INDONESIA,

H. M. PRASETYO Was promulred in Jakarta on 27 April 2015

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

YASONNA H. LAOLY

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Attachment Regulation of the Attorney General of the Republic of Indonesia Number: PER-006/A/J. A/04/ 2015 about the Execution Guidelines Of The Version At The Prosecution Level

The Implementation Guidelines Were Version On The Prosecution Level

BAB I

PRELUDE

1. Background

That the country through the Basic Law of the Republic of Indonesia Year 1945 as mandated in Article 28 B paragraph (2), guarantees every Child ' s right to its survival, grows and develops as well as the right to protection from violence and discrimination. As a consequence the government needs to make a policy aimed at protecting Children, the policy is among other things by replacing the Number 3 Act of 1997 on the Children's Court with the Number 11 Year 2012 of the System Criminal justice of the Child.

The replacement was carried out because of the Law No. 3 Act 1997 on the Court of Children deemed to be unsuitable for legal and community needs and not to be comprehensive providing protection. special against the Son in front of the Law and in order to manifest the judiciary which ensuring the protection of the best interests of the Child With the Law.

As for the most fundamental substance in the Law Number 11 Year 2012 on the Criminal Justice System Child is the setting about Diversion and Restorative justice aimed at avoiding and alienating the child from the judicial process so that regardless of stigmatization and expected the Child may return to society in a reasonable manner.

By doing so Law No. 11 of the Year 2012 on the Criminal Justice System of the Child effectively on On 30 July 2014, it was deemed necessary to respond immediately to the mandate of the Act in particular to promptly implement Diversions on the prosecution level by compiling the Diversion's Implementation Guidelines

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At the extent of the Prosecution, so implementation of the Diversion provisions on the prosecution level as set in Act No. 11 of the Year 2012 on the Criminal Justice System Child needs to be further regulated about Order the implementation.

2. Purpose and Purpose. Intent

The guidelines are intended as a reference to the Public Prosecution in the settlement of the Child on the extent of the Prosecution, i.e. by carrying out the obligation of attempted settlement outside the criminal justice through Diversion. Restorative Justice approach.

b. The purpose of the Guidelines aims for the creation of the perception equation and the presence of uniformity of technical and administrative standards that apply to all the General Prosecution in implementing the Diversion on the extent of the Prosecution.

3. Scope

As for the scope of the Execution Guidelines of the Version on the Prosecution Level includes:

a. Diversions; b. Diversions Of The Consult; c. Diversion agreement; d. Agreement on version; e. supervision and reporting of the implementation of the Diversion Agreement; f. The issuer of the Prosecuting Order of Prosecutions; g. registration Diversion.

4. The definition in this guideline referred to:

a. Diversions are the diversion of the settlement of Children from the criminal justice process to the process outside of criminal justice.

b. The Restorative Justice is the settlement of a criminal offence by involving the perpetrator, the victim, the victim/victim family, and the other related parties to be together looking

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A fair settlement by stressing the recov. The designation of the State Court Chair as referred to in the letter f is received by the Chief Prosecutor of the State for the longest 3 (three) days from the date set.

6. The Implementation Of The Deal Diversi A. Within three (three) days after receiving

the designation as referred to in the 5-letter figure, the General Charge calls and asks the parties to carry out the Diversion agreement.

b. The execution of a Diversion Agreement is executed within the term that has been agreed upon in the Agreement, but may not exceed the following conditions:

1) In the event of a Deal Diversion requires the payment of a loss or return to its original state, the Diversion Agreement is executed in the timeframe that has been agreed upon in the Diversion Yawway, but must not exceed 3 (three) months.

2) In the case of a Deal Diversion requires an obligation as to be set up in the Invite-

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Invite Child Criminal Justice System, Diversion Agreement is executed for the longest term of 3 (three) months and can be extended by 1 (one) times the most recent times 3 (three) months.

c. In the event the Child does not carry out or perform not fully the result of the Diversion Agreement then the General Prosecuting the Child's Perkara to the court.

d. In terms of the Victim/Child Victims did not carry out the results of the deal, not to cancel the Diversion Deal.

e. The Abundance of Child Terms as referred to in the letter c may be performed with the limitations of the event of a regular examination or a brief examination of the event of a brief examination in accordance with the provisions of the law.

f. The facilitator cannot be liable for criminal and civil liability for the contents of the Diversion Agreement.

7. Supervision and Reporting Agreement Diversion a. In terms of the Agreement the Diversion is not implemented/implemented

not entirely in the predetermined time, and the Correctional Counselor reports to the Head of the State Prosecutor/Head of the State Prosecutor Branch to be actionable in the criminal justice process by busan to the Chairman of the local District Court.

b. The Head of the State Prosecutor/Head of the State Prosecutor's Branch ordered the General Prosecuting to follow up on the report as referred to in the letter a in the longest term of 7 (seven) days from the date the report was received.

8. The publication of the Decree of Termination of Prosecutions. The State Attorney's Chief issued a Decree

Termination of the Prosecutions:

1) Within the longest period of 3 (three) days from the date of the receipt of the court of law, if the Agreement is a peace-shaped version irrespective of the loss or return of the Child to the parent/Wali;

2) Within five (five) days of the date the Agreement is completed, if the Agreement is a dispayment payment, return to the original state, or service of the community;

3) In the term of the Agreement, the terms of the Agreement are not in the Agreement. longest 5 (5) days from the date the Deal is completed Implemented, if

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The agreement on the version of Child participation in education or training in the educational or LPKS institute; or

4) In the longest term of 5 (five) days since the date of the whole Agreement The finished version was done.

b. The prosecution's termination warrant is referred to in the letter a and contains the designation of evidence of evidence in accordance with the designation of the Chairman of the local District Court.

c. The letter of the termination of the Prosecutions as referred to in the letter a was sent to the Chairman of the local courts and the report of the process of Diversion and the News of the Examination with the busan to the Child and the parents/Guardians, the victim, the victim's son And/or parents/Guardians, Investigators, Correctional Counselors, and Professional Social Workers.

9. Registration Diversion a. Each stage of the Diversion process in Child Perkara is noted in the

Register of Child Perkara and is reported periodically and/or incidences to the leadership.

b. Records are performed by sorting the stage of the implementation process Diversion as set up in this Attorney General's Rule.

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CHAPTER IV CLOSING

1. The implementation guide of the Diversion on this prosecution level

is a reference to all Public Prosecutions throughout Indonesia in implementing the Diversion process at the prosecution level.

2. The implementation guidelines of the diversions on this degree of prosecution also include the form/model form of the admisitration form of criminal acts as attached, which is an inseparable part of the Attorney General's Rule.

THE ATTORNEY GENERAL REPUBLIC OF INDONESIA,

H. M. PRASETYO

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www.perhe status of the evidence.

E. The Diversions deal is signed by the parties known by the facilitator, the next facilitator conveyors a Diversion Agreement to the Head of the State Prosecutor/Head of the State Prosecutor's Branch.

f. The head of the State Prosecutor/Chief Branch of the State Attorney's Agreement, and the News of the Event, is the version of the House of Justice in the area where the criminal acts, in the most prolonged period of 3 (three) the day since the end of the trial. The Diversion deal is for demand for Redemption.

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