SHEET COUNTRY INDONESIA

No. 194, 2015 CRIMINAL. Diversions. Son. Not 12 Years Old. Guideline. (Explanation In Addition Of State Sheet Republic Indonesia Number 5732).

REGULATION OF THE REPUBLIC OF INDONESIA

NUMBER 65 YEAR 2015

ABOUT

IMPLEMENTATION GUIDELINES ON VERSION AND HANDLING OF UNBORN CHILD 12 (TWELVE) YEARS

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT REPUBLIC OF INDONESIA,

Draw: that to implement the provisions of Article 15 and Section 21 paragraph (6) of Law No. 11 of the Year 2012 on Child Criminal Justice System, need to establish the Government Regulation on the Diversion Implementation Guidelines and Unlived 12 (twelve) Year Handling;

Given: 1. Article 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia in 1945;

2. Law No. 11 of 2012 on the System of Child Criminal Justice (sheet of state of the Republic of Indonesia in 2012 No. 153, additional leaf of state of the Republic of Indonesia No. 5332);

DECIDED:

SET: THE GOVERNMENT REGULATION ABOUT THE DIVERSIONS AND HANDLING GUIDELINES OF THE UNBORN CHILD 12 (TWELVE) YEARS.

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BAB I

provisions of UMUM

Article 1

In this Government Regulation referred to:

1. The Children's Criminal Justice System is the entire process of solving the child's case dealing with the law, from the inquiry stage to the stage of the trial after undergoing criminal charges.

2. The Restorative Justice is the settlement of a criminal offence by involving the perpetrator, the victim, the victims ' families, and the other related parties to be together seeking a fair settlement by emphasizing the recuperation of the original state, and not retaliation.

3. A child in conflict with the next Law is called the Child is a 12 (twelve) year old, but not 18 (eighteen) years old who is suspected of committing a felony.

4. The child's next victim, the victim's son, is an 18-year-old child who suffers from a physical, mental, and/or economic loss caused by a criminal offense.

5. The son of the next, called the Witness Son is an 18-year-old who can provide information in the interests of the inquiry, prosecution, and examination of a court hearing of a criminal justice. The criminal case is heard, seen, and/or his own.

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

7. A version of the Agreement is a result obtained from a Diversion deliberation that contains the rights and obligations of the parties that do not violate the provisions of the laws.

8. The investigator is the Children ' s investigator.

9. The Public Prosecutor is the Child ' s public prosecutor.

10. The judge is the Son judge.

11. The guidance counselor is a functional law enforcement official who carries out correctional research, guidance, supervision, and assistance to the Child in and outside of the criminal justice process.

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12. Professional Social Workers are a person who works, both in government and private institutions, who have social job competencies and professions and concern in social work acquired through education, training, and/or experience of social work practices to carry out service tasks and handling of Child social issues.

13. The Social Welfare is a person who is educated and trained professionally to carry out service duties and the handling of social problems and/or someone who works, whether in both government and private institutions, whose scope activities in the social welfare area of the Child.

14. The family is an elderly person consisting of a father, mother, and/or other family member who is trusted by the Child.

15. A guardian is a person or body who in fact runs a foster care as a parent to the child.

16. An advocate of legal assistance is a person of the profession of law, both inside and outside the court, which meets the requirements under the provisions of the rules of the law-the invitation.

17. The Institute for Social Welfare (LPKS) is the institution or place of social services that carries out the social welfare of the Child.

18. The next Correctional Hall is called Bapas is a technical managing unit that carries out the tasks and functions of correctional research, guidance, supervision, and assistance.

19. A companion is a person trusted by the Child to accompany him during the criminal justice process.

BAB II

IMPLEMENTATION GUIDE PROCESS DIVERSIONS

Article 2

Diversion aims:

a. achieving peace between the victim and the Child;

b. complete the Children's case outside of the judicial process;

c. avoid the Child from the appropriation of independence;

d. encourages the public to participate;

e. embed a sense of responsibility to the Child.

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Section 3

(1) Any Investigator, General Prosecuting, and Judge in checking the Required Child attempted Diversion.

(2) Diversion as referred to in paragraph (1) is exercised in the event of a criminal offence:

a. threatened with a prison criminal under 7 (seven) years; and

b. it is not a repeat of the criminal.

Article 4

In terms of the Diversion not being attempted even though the condition has been met, in the best interest of the Child, the Correctional Guide may request a process of Diversion to the enforage as it is referred to in Section 3 of the paragraph (1).

Article 5

(1) The Diversion process is conducted through deliberations by involving Children and Parents/Walled, Victims or Child Victims and/or Parents/Walled, Correctional Counselors, and Professional Social Workers based on approach Restorative justice.

(2) In terms of necessary, deliberations as referred to in verse (1) may involve the Social Welfare and/or society.

(3) In terms of the parent/Guardian as referred to in paragraph (1) no It is known to be present or hindrous present, a fixed Diversion deliberation It was followed by the Corrections Guide as a substitute for the old man.

(4) In terms of the parent/guardian of the Victim as referred to in verse (1) unknown to its existence or hindrous present, Diversion deliberation continues to be attended by the Professional Social Worker as a substitute for the person Old/Wali.

Section 6

(1) The process of Diversion is required to pay attention to:

a. interest of the victim;

b. welfare and Child responsibility;

c. avoidance of negative stigma;

d. Revenge avoidance;

e. the public harmony; and

f. The sanity, decency, and public order.

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(2) Investigators, Public Prosecuting, and Judges in performing Diversions should consider:

a. category of felon;

b. child age;

c. results of a correctional research; and

d. Family and community environment support.

(3) Diversions deal results can be shaped, among other things:

a. peace with or without damages;

b. the submission return to the parent/Wali;

c. participation in education or training in the educational institution or LPKS at least 3 (three) months; or

d. Community Services.

(4) The Agreement is performed by Investigators, Public Prosecutions,

(3) The version of Diversions as referred to in verse (2) may involve the community as referred to in Article 15 of the paragraph (4).

Article 17

(1) In terms of the Diversion deliberation process not reaching an agreement, Investigators make the report and the events of the Diversion process.

(2) Investigators submit the case file to the General Demandation as well as continue the process criminal justice.

Article 18

(1) In terms of the Consultdirection Diversion as referred to in Article 16 to the agreement, the Letter of the Agreement is signed by the Child and/or the parents/Guardians, the Victim, the Victim and/or the person old/Wali, Investigators, Correctional Guidance, and Professional Social Workers.

(2) The entire process of execution is recorded in the news of the event Diversi.

Article 19

(1) In terms of the Diversion reached an agreement, the Investigator delivered a Diversion of the Agreement and the news of the event Diversi to the direct supervisor of the Investigator.

(2) In the most prolonged period 3 (three) days from the date of the diversion of the Diversion deal, the direct supervisor of the Investigator sends the Letter of the Agreement and the news of the event Diversion as referred to in verse (1) to the Chief Justice Country to obtain designation.

Article 20

(1) The Chairman of the Court The country issues the designation of Diversions and simultaneously sets the status of evidence for the longest time of 3 (three) days from the date of the acceptance of the Diversion of the Agreement and the events of the Diversion.

(2) Penetration of the Agreement. as intended in paragraph (1) delivered to Correctional And Societal Guidance in the most prolonged period of 3 (three) days from the date of assignment.

Article 21

(1) Investigators ask the parties to carry out the deal Diversion after accepting the designation as referred to in Article 20 of the paragraph (2) .

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(2) The Investigator directly conducts oversight of the implementation of the Diversion deal.

(3) The Correctional Guidance is performing, the guidance counselor, and the oversight of the Diversion deal.

Article 22

(1) In terms of required, Correctional Counseling can carry out rehabilitation and social reintegration of Children, in cooperation with related agencies.

(2) In terms of required, Professional Social Workers can carrying out rehabilitation and social reintegration of the Children ' s Children, works the same as the related agencies.

Article 23

(1) The Correctional Instrutor is compiling a Diversion agreement implementation report.

(2) The report on the implementation of the Diversion agreement, is delivered by the Correctional Counselors to the The Chief Investigator.

(3) The reports referred to in paragraph (2) are delivered concise in the most prolonged period of 1 x 24 (one time twenty-four) of the hour since the Diversion agreement was completed.

(4) The report referred to in paragraph (2) is delivered completely in the timeframe At most times, 3 x 24 (three times twenty-four) hours have since the Diversion agreement was completed.

Article 24

(1) Investigators issued a warrant for the termination of the inquiry:

a. Within three (three) days of the date of the receipt of the court of law, if the agreement is a peace-shaped version irrespective of the loss or the return of the Child to the parent/Wali;

b. within 5 (5) days of the date the completion of the Diversion is completed, if the agreement is version of the payment change, return to the original state, or service of the community;

c. in the longest term of 5 (5) days from the date the completion of the Diversion is completed, if the agreement is the version of the Child's participation in education or training in the educational institution or LPKS; or

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d. Within five (five) days of the date the full version of the Agreement is completed.

(2) The order of the termination of the inquiry is as referred to in paragraph (1) and contains the designation of the status of the evidence In accordance with the terms of the Chairman of the local District Court.

(3) The termination of the Order of Inquiry as referred to in paragraph (1) is sent to the General Prosecuts and the process of the Diversion process and the news of the examination event with a gust of to Children and Parents/Guardians, victims, Children ' s Children and/or Parents/Guardians, The guidance counselor, the Social Social Worker, and the Chairman of the local state courts.

Article 25

(1) In terms of a deal Diversion is not implemented in the predetermined term, the Correctional Counsellors report It is written to the Chief of the Investigator directly to follow up in the criminal justice process by busan to the Chairman of the local courts.

(2) Investigators follow up on the report as referred to in paragraph (1) in the term At least seven (seven) days from the date the report is received.

(3) Investigators submit a case file to the General Prosecuting and continue the criminal justice process.

Article 26

(1) The agreement is version without the consent of the victim as referred to in Article 7, executed through deliberations It was led by the Investigator as a facilitator and a correctional counselor as a deputy facilitator and attended by the Son and his parents.

(2) Yawarah as referred to in paragraph (1) may involve a public figure.

(3) The version of the Agreement as referred to in paragraph (1) is formulated in the Letter of the Agreement signed by the Child and/or the person of the Agreement.

(4) All proceedings of the proceedings are recorded in the news of the event Diversi.

Article 27

In terms of the agreement Diversion without the consent of the victim as referred to in Article 26 does not reach Diversion deal, Investigator

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sending a case file to the General Prosecuting as well as continuing the criminal justice process.

Article 28

(1) In terms of the Diversion agreement as referred to in Section 26 is not implemented in time It has been determined, the Correctional Counsellors report to the Chief Investigator to follow up in the criminal justice process by busan to the Chairman of the local courts.

(2) Investigators follow up on the report as referred to in paragraph (1) in the most prolonged period of 7 (7) days. since the report date is received.

(3) Investigators are sending a case file to the General Prosecuts as well as continuing the criminal justice process.

Article 29

Further provisions concerning the procedure of assistance, distraction, and The supervision of the execution of the agreement is version by the Corrections Guide at the inquiry stage set up with the Ordinance of the Minister, which organizes government affairs in law and human rights.

Article 30

(1) More Terms further regarding the execution procedure of the version at the inquiry level is set up with the Regulation The head of the Indonesian National Police.

(2) The provisions as referred to in paragraph (1) apply also to law enforcement agencies/agencies who have Investigators or Investigators Civil Servants.

The Second Section

The Stage Prosecution

Article 31

(1) After receiving a case file from the Investigator as referred to in Article 14 of the paragraph (3), Article 17 of the paragraph (2), Section 25 of the paragraph (3), and Artin paragraph (2) is delivered succinct 1 x 24 (one time twenty-four) hours counting since the Diversion agreement is completed.

(4) The report as referred to in paragraph (2) is delivered in full time at least 3 x 24 (three times twenty-four) hours count since the Diversion deal is completed exercised.

Section 59

(1) The Correctional Guidance reported the completed Diversion agreement was executed to the Chairman of the State Court.

(2) The Chairman of the State Court ordered the Judge to publish the designation The termination of the case is based on the execution of a version of the Agreement as specified in paragraph (1)

(3) The termination of the case of litigation as referred to in paragraph (2) is delivered to the General Prosecuting within the most prolonged period of 3 (three) days from the date of termination of the case of the inquiry.

Section 60

(1) General Prosecutions publishes the prosecution termination warrant with provisions:

a. In the last three (three) days from the date the court designation is accepted, if the agreement

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A peace-shaped version without changing any loss or return of the Child to the parent/Wali;

b. Within 5 (5) days from the date the termination of the case is received, if the agreement is version of the payment change, return to the original state, or the community service;

c. Five (5) days from the date of termination of the case of the accepted question, if the agreement is version of the Child's participation in education or training in an educational institution or LPKS; or

d. Within five (five) days from the date the termination of the case is received, if the entire Agreement is implemented.

(2) The termination of the prosecution's termination of the prosecution is intended on the date of termination. verse (1) and contains the designation of evidence of evidence in accordance with the designation of the Chairman of the local District Court.

(3) The decree of the termination of the prosecution as referred to in paragraph (1) is sent to the Judge by busan to the Child. and parents/Guardians, victims, Children ' s Children and/or Parents/Guardians, Counselors The Correctional, Professional Social Worker, and the Chairman of the local State Court.

Article 61

(1) In terms of the Diversion agreement not implemented in the predetermined term, the Correctional Counseling reported in a statement. written to the Chairman of the State Court with busan to the General Charge for follow up in the criminal justice process.

(2) The Judge follows up on the report as referred to in paragraph (1) in the longest term of 7 (seven) days As of the date the report is received.

Article 62

(1) Deal Diversions without the victim's consent, as referred to in Article 7, are conducted through deliberations led by the Judge as a facilitator and a corrector of the facilitator as well as being attended by children and parents/guardians.

(2) Yawing as referred to in paragraph (1) may involve public figures.

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(3) Deal Diversion as referred to in paragraph (1) is formulated in the Letter of the Agreement signed by Child and/or Parents/Guardian, Judge, and Correctional Guidance.

(4) All Diversions process is recorded in the news of the event.

Article 63

In terms of the deal Diversion without the consent of the victim as referred to in Article 62 does not reach the Diversion deal, the Judge continues the case to the stage trial.

Article 64

(1) In terms of an agreement Diversion as It is referred to in Article 62 of the predetermined term, the Correctional Counsellors report to the Chairman of the State Court with busan to the General Prosecutions for follow up in the criminal justice process.

(2) The Judges follow up the report as referred to in paragraph (1) in the longest term of 7 (seven) days from the date the report is received.

Section 65

Further provisions concerning the procedure of assistance, distraction, and the oversight of the implementation of the deal Diversion by the Corrections Guide in the The stage of the trial is governed by the Ordinance of the Minister, which organizes government affairs in law and human rights.

Article 66

The terms of the implementation of the Diversion on the examination level in court are conducted. in accordance with the provisions of the invite-invite rule.

BAB IV

HANDLING OF THE UNBORN CHILD

12 (TWELVE) YEAR

Part Kesatu

Terms and Tata Way Decision

Paragraph 1

General

Article 67

In terms of the unborn child 12 (twelve) years of doing or expected to commit felon, Investigators, Guidance

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Corrections, and Professional Social Workers took the decision to:

a. pass it back to the old man/Wali; or

b. It includes education, coaching, and guidance in government agencies or LPKS in agencies that handle social welfare, both at the central and regional level, for the longest time 6 (six) months.

Article 68

(1) The decision as referred to in Article 67 is exercised on the basis of the correctional research at the request of the Investigators.

(2) Correctional counselors in compiling the correctional research as referred to in paragraph (1) can ask an expert opinion.

Article 69

(1) The decision making as referred to in Section 67 are required to pay attention to:

a. Child's best interests;

b. survival and growing of the Children ' s fireworks;

c. results of the examination conducted by Investigators;

d. The Correctional Research Report conducted by the Correctional Instructee; and

e.

(2) The decision-making as referred to by verse (1) is based on sociological, psychological, and pedagogical considerations.

Article 70

The unborn child is 12. (twelve) years of committing or allegedly committing a criminal act may be placed on the parents/Walinya, government agencies, or LPKS in the instance which handle the social welfare field, both at the central and regional level.

Paragraph 2

Terms of Decision Making

Section 71

Decision to submitted back to the parent/Guardian as referred to in Article 67 of the letter a must meet the substantive requirements as follows:

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a. the willingness of parents/Guardians to educate, take care, foster, and guide the Child as evidenced by the letter of the statement from the parent/Wali;

b. Child's willingness to be returned to the parent/regent as evidenced by the results of the correctional research;

c. no threat from the victims is substantiate from the results of social research and social report; and

d. The recommendation of the correctional guidance is proven by the results of the correctional research.

Section 72

(2) In terms of need, Professional Social Workers can carry out rehabilitation and social reintegration of the Victims ' Children in cooperation with the institution Related.

Section 58

(1) The Correctional Instructional Guide compiled a report implementation of the Diversion agreement.

(2) The report on the implementation of the Diversion agreement is delivered by the Correctional Guidance to the Chairman of the local courts.

(3) The report as referred to i>This Government Regulation shall begin in effect on the date of the promulcings.

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For everyone to know it, ordering the invitational of the Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta

on 19 August 2015

PRESIDENT OF THE REPUBLIC OF INDONESIA,

JOKO WIDODO

PROMULRED IN JAKARTA

ON AUGUST 19, 2015

MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

YASONNA H. LAOLY

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