Regulations Of The Institution Of Witness Protection And Victim Number 1 2014 2014

Original Language Title: Peraturan Lembaga Perlindungan Saksi dan Korban Nomor 1 TAHUN 2014 Tahun 2014

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Microsoft Word-BN 1188 2014. doc REPUBLIC INDONESIA No. 1188, 2014 LPSK. Examination. Requests For Help. Standard Operational Procedures. REGULATIONS of the INSTITUTION of WITNESS PROTECTION and VICTIM number 1 2014 STANDARD OPERATIONAL PROCEDURE of EXAMINATION of REQUESTS for HELP in the PROTECTION of WITNESSES and VICTIMS with the GRACE of GOD ALMIGHTY the LEADERSHIP INSTITUTION of WITNESS PROTECTION and victim, Considering: a. that the protection of witnesses and Victims Protection Agency Regulation has been Witness and Victim No. 4 in 2009 about the operational standards of procedure of granting medical assistance and Psychosocial in practice, however, need a guide in conducting medical examinations and psychosocial against victims of human rights violations are heavy; b. that to implement the provisions of article 36, article 37 and article 38 the Government Regulation Number 44 in 2008 about the awarding of compensation, Restitution, and assistance to witnesses and victims, Witnesses and victims protection agency needs to be set the standard Operational procedure for the examination of requests for help in the Protection of witnesses and victims; Remember: 1. Act No. 8 of 1981 on the book of the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, 2014, no. 1188 2 Additional sheets of the Republic of Indonesia Number 3209); 2. Law number 26 of 2000 on Human Rights Court (Indonesia Republic Gazette year 2000 Number 208, an additional Sheet of the Republic of Indonesia Number 4026); 3. Act No. 13 of 2006 on the protection of witnesses and Victims (State Gazette of the Republic of Indonesia year 2006 Number 64, an additional Sheet of the Republic of Indonesia Number 4635); 4. Government Regulation number 3 of 2002 on the granting of compensation, Restitution, and rehabilitation of the victim witnesses of human rights violations are heavy (Gazette of the Republic of Indonesia number 7 in 2002, an additional Sheet of the Republic of Indonesia Number 4172); 5. Government Regulation Number 44 in 2008 about the awarding of compensation, Reimbursement, and assistance to witnesses and victims of the (State Gazette of the Republic of Indonesia Year 2008 Number 84, additional sheets of the Republic of Indonesia Number 4860); 6. Regulations of the institution of witness protection and Victim No. 4 in 2009 about the operational standards of procedure of granting medical assistance and Psychosocial (news of the Republic of Indonesia year 2009 Number 424); Decide: Define: REGULATION Of The INSTITUTION Of WITNESS PROTECTION And VICTIMS ABOUT The OPERATIONAL STANDARDS Of PROCEDURE EXAMINATION Of REQUESTS For HELP In The PROTECTION Of WITNESSES And Victims. Article 1 (1) the institution of witness protection and Victim, hereinafter abbreviated LPSK, is in charge of and authorized to provide protection and other rights to witnesses and/or victims as stipulated in Act No. 13 of 2006 on the protection of witnesses and victims. (2) standard Operational Procedures, hereinafter abbreviated SOP examination requests for help are the basic guidelines of 2014, no. 11883 examination requests for help for the victims of human rights violations that weight as set forth in the provisions of the applicable legislation. Article 2 Provisions concerning implementation of the SOP as referred to in article 1 is contained in the annex and is the part that is an integral part of this regulation. Article 3 SOP pemeriksaaan requests for help is organized as: a. the reference for the examination of requests for help victims of human rights violations which the weight of each unit of work plan and related institutions within the scope of the LPSK; and b. consideration for the examination of requests for help for the victims of human rights violations that are heavy on the LPSK. Article 4 in the case of carrying out the examination of requests for help for the victims of human rights violations, related service unit within the scope of mandatory inspection provisions of the LPSK complying with requests for help in accordance with this regulation. Article 5 of the regulation the institution of witness protection and victims began to apply from the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the LPSK Republic Indonesia. Established in Jakarta on December 27, 2013, CHAIRMAN of the INSTITUTION of WITNESS PROTECTION and victim, ABDUL HARIS SEMENDAWAI Enacted in Jakarta on August 22, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, AMIR SYAMSUDDIN 2014, no. 1188 4 ATTACHMENT I REGULATORY INSTITUTIONS of the WITNESS PROTECTION and VICTIM number 1 2014 STANDARD OPERATIONAL PROCEDURE of EXAMINATION of REQUESTS for HELP MEDICAL and PSYCHOSOCIAL EXAMINATION GUIDELINES for VICTIM ASSISTANCE APPLICANT HEAVY HUMAN RIGHTS VIOLATIONS FIRST PART INTRODUCTION and SCOPE i. General 1. Repair is the responsibility that is run by the State as part of an effort of State recognition for the loss and suffering experienced by the victims of human rights violations. 2. The granting of reparations to victims of human rights violations are the responsibility of the State which has been set up in the various human rights instruments as well as defined in putusanputusan (jurisprudence) committees of human rights international and regional. Liabilities caused by responsibility of countries for infringement of international human rights law gives the right to individuals or groups who are victims to obtain rehabilitation, one of which concerns the medical aspects of effective and equitable recovery. 3. important references that became the Foundation for fulfilling the obligation of medical rehabilitation to victims is the basic principles and guidelines on the right to Restoration for victims of violations of International HUMAN RIGHTS Law and the law of Humaniter (Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law 1995) and Declaration of Prinsipprinsip the basis of Justice for Victims of crime and abuse of power (the Declaration of Basic Principles of Justice for Victims of Crimes and Abuses of Power). 4. The Act states that the granting of medical service to witness the sacrifice is a part that is inseparable from the concept of granting of protection afforded by the protection of witnesses and Victims (LPSK). Medical services for 2014, witness No. 11885 and regulated in Act No. 13 of 2006 on the protection of witnesses and Victims (hereinafter referred to as ACT 13/2006) is a form of service that is given to a witness suffering victims that includes the loss of physical, psychological and economic, where the process of granting determined through application screening process conducted by the Victim and Witness Protection Agency (LPSK). II. Goals and purpose of guidelines 1. Meet the needs of the existence of a technical guide for operational officers LPSK in conducting medical examinations including psychiatric and psychosocial to victims of human rights violations. 2. provide assessment of medical conditions, including psychiatric and psychosocial physical and psychological victims of severe human rights violations to pass judgement on the recommendations and actions that will be done. 3. Optimize the service so it can be executed LPSK orderly, in accordance with the provisions of the applicable legislation, it is easy and simple, as well as providing a guarantee of legal certainty. 4. As the implementation of the guidelines for medical and psychosocial team. 5. Facilitate the process of monitoring and evaluation. III. Principles for implementation of the examination has principles: 1. the recognition of the dignity and the dignity of human beings is the treatment of human dignity the dignity and honour in the implementation of the compensation in accordance with the principles of reverence for the human rights that includes protection, service, its fulfillment. 2. Non-discrimination is the absence of restrictions, harassment, or exclusion that is directly or indirectly based on the distinction of human beings on the basis of religion, tribe, race, ethnic, group, class, social status, economic status, sex, language, political beliefs, in the implementation of the granting of compensation. 3. Equal access is equal access and equal to benefit from the granting of medical service for eligible victims witness LPSK and laws.


2014, no. 1188 6 4. Of particular concern is the attention that must be given to the witness of victims who have special needs in the implementation of the granting of compensation. 5. Participation was put in the position of the witness States that the victim to state his opinion about technical subjects, forms, and the giver of the service implementation of the granting of medical services that will be or is being given. 6. Justice is the fulfillment of a sense of Justice for the victim witness in accordance with the rights and his position in accordance with UndangUndang and other general principles in the implementation of the grant of protection. 7. Legal certainty is the existence of a guarantee by law either substance or procedure in the implementation of the granting of medical services related to the rights and position of the victim witnesses. 8. The ease and clarity of intent in providing study LPSK also noticed the ease of access to victims and clarity in the implementation of the review of 9. The secret is the result of the study of medispsikososial against the victim is confidential. IV. IV. Legal basis 1. Law number 26 of 2000 on Human Rights Court; 2. Act No. 29 of 2004 about the practice of Medicine; 3. Act No. 13 of 2006 on the protection of witnesses and Victims; 4. Act No. 36 of 2009 about health; 5. Government Regulation number 3 of 2002 on compensation, Restitution, and rehabilitation of Victims Against violations of human rights; 6. Government Regulation Number 44 in 2008 about the awarding of compensation, Restitution, and assistance to witnesses and Victims; 7. Regulation of the Minister of health Number 749a in 1989 about the medical record (Medical records); 8. The regulation of the institution of witness protection and Victim No. 4 in 2009 about the operational standards of procedure of granting medical assistance and Psychosocial;

11887.2014 9. Regulations of the institution of witness protection and Victim number 1 in 2011 about Guidelines Application Protection Services On the institutions of witness protection and Victim (Gazette of the Republic of Indonesia in 2011 Number 207);d 60s 10. Regulations of the institution of witness protection and Victim number 1 in 2012 on The implementation of the Investigation. V. scope of the Examination 1. A medical examination in order to determine the feasibility and the time period in the giving of medical assistance, including mental health. 2. Psychosocial Examination in order to determine the feasibility and timeframe in psychosocial rehabilitation grant. Vi. Understanding-understanding 1. The victim is an individual person or group of people suffering either physical, mental or emotional, economic loss, or have a waiver, reduction or deprivation of rights, essentially as a result of human rights violations, including the victim is his heir; 2. Applicant Help are victims of human rights violations and families, who can apply for assistance to the LPSK; 3. The Division of Receipt of application for Protection of witnesses and victims who subsequently abbreviated DPP LPSK is LPSK divisions responsible for the acceptance of the application for protection of the public or of an authorized officer. 4. Severe human rights violations in this manual are a crime against Humanity set out by Komnas HAM; 5. Help is a service rendered to Victims and/or Witnesses by LPSK in the form of medical assistance and psychosocial rehabilitation assistance. 6. Medical assistance is a form of service assistance provided LPSK-related care needs medically by doctors or other experts associated with medical services to victims provided by the LPSK in the form of medical actions in accordance with the conditions of the victims, including mental health;

2014, no. 1188 8 7. Psychosocial assistance is a form of service assistance provided LPSK is related to psychological recovery needs and social by psychologist, psychiatrist, social worker or other relevant experts to restore back the psychosocial conditions; 8. Collation is a set of actions to perform analysis in order to determine their worth or whether the giving of help to the victims; 9. The report is the result of the analysis of the inspectors team that includes medical and psychosocial examination conclusions; 10. Medical Emergency Actions are actions taken to address the issue of urgency and civil defence emergency medical. 11. medical Urgency is medical services which are needed immediately and quickly addressed immediately to rescue the life of the victim to the victim (the critical nature); 12. Civil Defence emergency medical is a condition in which emergency assistance is needed against a State psychiatric medical including real-real, seriously threatening the physical condition of the victim, but not life threatening.

2014, no. 11889 PART BOTH the SCOPE and the INSTRUMENTS INSPECTION i. scope of Assistance 1. The scope of medical and psychosocial assistance includes the following: a. Medical, medical treatment, including mental health b. Psychosocial, social support, skills, education, work and psychological support (e.g. mentoring). 2. Based on the regulations of the LPSK No. 4 in 2009, medical services are: a. the scope of the medical assistance includes four response medical services to be provided, namely: 1) I: Response Emergency medical Urgency Service; 2) Response II: Emergency civil defence emergency medical Services; 3) Response III: inpatient Services; 4) Response IV: outpatient services. b. in medical services, the medical service is the urgency category is necessary immediately and quickly addressed immediately to rescue the life of the victim to the victim (the critical nature); In the medical service, civil defence emergency category is a condition in which emergency assistance is needed for a State medical, psychic, which distinctively seriously threatens the physical condition of the victim but not life threatening. c. in the case of certain medical services, civil defence emergency urgency and this category includes intensive treatment with the use of intensi care unit (intensive care unit) in which a passage requiring hospital treatment and a special supervision on an ongoing basis by physicians who have qualified for the ICU care aided by special nurses with special equipment; d. Whereas assistance in medical services inpatient and outpatient, was supplying services which aid granted to witnesses and/or victims in a more stable situation, for the recovery of the victim. Inpatient services necessary for victims to receive treatment or treatment is medically necessary in which the victim has to stay in hospital.

2014, no. 1188 10 e. LPSK Regulations No. 4 of 2009 Psychological Services is to provide these forms of Psychosocial Services (this determination on the basis of specific indicators in the form of: 1) counselling, counselling for example: simple (non-emergency); 2) psychotherapy and Special Interventions, such as CBT, Feminist Counselling, Feminist Therapy, Group Therapy, Family Therapy; 3) forms a long-term recovery (example: Prolonged Exposure);d 60s 4) combination of medical and Psychosocial (Psychosocial and Therapy-medication). f. use of the forms service is certainly to use the approach that vary, depending on the conditions and the complexity of the psychic problems experienced by victims. For example, the use of methods of Client Center, Family Based and Community Based. The form of services provided will also be conducted based on the results of observation and examination of experts appointed by the LPSK. g. based on Regulation No. 4 of 2009 LPSK, empowerment social cultural is a special service for Social Empowerment Culture done to prepare victims to be able to prepare a social modality or preparing a sacrifice to be able to interact with their social lives. The activity in this context is primarily associated with empowerment based on social or community empowerment social cultural contexts for korbann Activities in this program include education, social skills, and increased mentoring special to be acceptable in their environment. II. Scope of the Examination 1. The scope of the medical examination includes the following: a. medical examination Data basis include; The identity of the applicant are examined, the time or date of the examination and the inspection results that consists of components: anamnesa (according to the victims) and alloanamnesis (from another person e.g. family), a history of the disease now, a history of the disease. The physical condition is found, include the condition of the head, eyes, nose, ears, thoracic (chest), abdomen (stomach), ekstermitas (a member of the


2014.118811 motion up and down), and urogenital (urinary bladder and genital tract), as well as psychiatric conditions (mental status) were found. b. basic dental check Data in the form of inspection which includes Odontogram teeth on lower jaw left right mandible, maxilla, maxillary left right. c. the required simple examination laboratory. d. the results of diagnostic work, proposals and suggestions, as well as the desired expectations. 2. Scope of the psychosocial examination: a. Do psychosocial condition inspection with working methods that include: field observation, secondary use of data and media censorship-censorship with standard form questionnaire, and a live interview. b. psychosocial Examination used to know the socio-demographic data on each victim of HAM weight, do an examination and analysis of social data that include: employment, education, the economy, social relationships, mental and physical health. c. psychosocial examination Purposes i.e. to formulate a psychosocial problem, determine relations event of human rights violations with psychosocial problems, provide recommendations for the necessary interventions. 3. Scope of the treatise: includes the identity of the applicant, the purpose of the petition, the chronological events that experienced (based on anamnesa from the team), the study, evidence or documents that were submitted, action task force recommendations, responses and UPP task force. III. Instruments Inspection 1. Medical Examination instruments a. Standard medical examination Instruments include: i the applicant's Identity based) Data buktibukti document ii) demographic Information Data that include: marital status, number of children, educational level, occupation, employment status, and the main source of income. III) a history of the disease now, based on anamnesis and complaints about additional complaints from victims. (1) the main complaint contains: 2014, no. 1188 of 12 (a) Complaint cardiovascule (heart). (b) Complaint neuromusculosletal (nerve). (c) the urogenital Complaints. (d) complaints of the reproductive organs. (e) complaints of senses. IV) physical condition was found. b. chronology of the events and actions that fit the crime Event severe human rights violations experienced by the applicant includes elements of i) crimes against humanity or genocide) ii (the complete list of the elements in the annex: based on a summary of the case matrix) source: the Legal Tools Project Case Matrix, the Means of Proof Document Master Common Element of Crimes Against Humanity the International Criminal Court Prosecutor Office of the Legal Advisory Section. c. a history of traumatic experience related the event of human rights violations which have ever experienced. d. the instrument Self Reporting Questionnaire-29 for Screening mental health problems by using the instrument examination/assessment of psychosocial problems, psychosocial instruments, including resources and current social stress (Appendix II). e. the instrument data needs of victims (annex III) IV. Standard Examiner Team 1. The examination was conducted the examiner Team formed by the DPP consists of: a. General practitioners; b. a psychiatrist/Psychologist; c. Social workers (social workers trained, escort) to assist in accordance with your needs. d. LPSK DPP Staff. 2. The standard of examination for one pemohonan was the doctor in 1 (one) day checking out the applicant, with a maximum of 7 Note If patients are in one location of the examination. 3. Cost of services professions, including: a. accommodation. b. Services tailored to the profession standard cost standard cost of public and special. 3. Fill out the appendix to annex IV on officer 2014 118813, n. v. Equipment examination. To facilitate inspection, increase professionalism and accuracy checks, then need to prepare the main supporting equipment, namely: a. the Laptop. b. portable Printer. c. Office stationery. d. digital Thermometer. e. Tensimeter digital (adapted to the standard maintenance). f. Mini portable laboratory g. Stethoscope. h. the camera. i. photo paper. j. Emergency Medicine k. Cable rolls. b. the form/instrument is required. m., and others as needed.

2014, no. 1188 14 THIRD PART INSPECTION PROCEDURE i. Phase Inspection Officer recipient of the solicitation did an analysis of the plea concerning the terms of the formyl and material application for medical assistance and psychosocial rehabilitation. As for the terms of the application for relief as follows: a. a written Application; b. the identity of the applicant (full name, gender, date and place of birth, marital status, occupation, address, contact number); c. Application comes with a certificate of Komnas HAM that the applicant was a victim of a violation of human rights; d. a description of the severe human rights violations (chronologically); e. Forms of assistance requested: medical or psychosocial or second-second to none; f. Photocopying court decision in regards to the matter of HUMAN RIGHTS violations has been decided by the Court which has acquired permanent legal force (if obtained); g. certificate family relationships, when requests for help filed by families (family card); h. special power of Attorney, if the application for assistance submitted by the power of the victim or the power of the family; and i. Note the psychological/medical record (if any). II. Examination Stage 1. Stages for reviewing is the following: a. After the file is declared complete, the DPP will determine the time of the examination (assessment). b. The team adjusted to the standard assessment of human resources in the SOP. c. The number of doctors/psychiatrists/psychologists matched with the number of the applicant. Each 1 (one) person medical personnel and/or ataupsikolog on duty, it should be able to perform the assessment of 7 (seven) the Applicant per day.

2014.118815 d. implementation time assessment tailored to the number of the applicant. e. Doctor/psychiatrist/psychologist conducting assessment based on a standard examination and standar\penilaian in accordance with the established in the SOP. f. Place the assessment made at a site and collect applicants adjusted in the proximity of the geographical area. g. In the event that the applicant could not be present at a location already specified, mandatory Assessment Team went to the location of the applicant. 2. penelahaan medical-psychosocial Stages namely: a. Stage censorship by using: psychosocial and clinical psychological instruments. b. Special Examination Stages: using: clinical Psychiatry, special talents and personality test. c. Emergency Interventions that include basic Counseling, medical psikitari, medication and psychotherapy. d. report and recommendations of the inspection. III. Reporting the results Stage 1. After a medical assessment and/or psychologically, doctor/psychiatrist/psychologist obligated to submit a report on the results of the assessment not later than 5 (five) working days to the person in charge of the DPP LPSK. 2. the person in charge of the DPP is obligated to appoint staff to prepare a petition made treatise consideration in Plenary Meeting no later than 3 (three) days after receiving a report of the results of the assessment of medical and/or psychological. IV. Special conditions 1. What is meant by special conditions include: a. the applicant requires medical services that is both immediate and needed quickly addressed immediately to rescue the life of the victim to the victim (the critical nature) as well as in medical services for conditions where emergency assistance is needed for a State medical, psychic, which distinctively seriously threatens the physical condition of the victim but not life threatening.

2014, no. 1188 16 b. condition of kegawat-daruratan in accordance with the assessment of the doctor/psychiatrist/psychologist. c. Special Situations that need immediate handling. d. in the event medical team/team assessment is not yet available, in a situation of no agreement (meeting of plenary) for assistance. 2. In the event that the applicant is assessed in accordance with the above conditions, the applicant can immediately obtain medical and psychological handling with the way the team is obligated to immediately ask the approval of a minimum of three (3) members of the Commissioner to do the handling of emergency situations. 3. To speed up the process of handling, approvals can be made through means of communication (telephone, email, sms, etc.) that must be set forth in writing, after the handling of emergency situations. 4. the period of handling emergency situations with the requirements. V. conclusion of the examination 1. The conclusions of the report lists the mandatory Examination results at the lack of: a. Medical Diagnosis/psychiatric. b. recommendations for handling. c. the reference. 2. medical/recommendation form handling handling. a. medical aid. Social Rehabilitation Assistance b. c. Psychological Assistance: a simple form of special Intervention Counselling (group therapy, CBT, EMDR) and psychiatric medical Counseling. 3. The Format of the report contains a. Conclusion the assessment of medical conditions including mental health. b. Conclusion the results of the laboratory examinations. c. Conclusion the assessment of psychosocial conditions. 4. Signed by doctor/psychiatrist/psychologist.

2014, no. 118817 VI. Monitoring and evaluation 1. Division of Application acceptance of obligatory monitoring and evaluation of implementation constraints: a. examination; b. constraints implementation of the SOP; c. Implementation reports (pre referral); d. reference Therapy (post reference); e. Audit reports (pre and post) by taking a random sampling. 2. Monitoring and evaluation is conducted at least once in three (3) months, 2014, no. 1188 18 2014 2014 118819, n., no. 1188 20 2014 2014 118821, n., no. 573, no. 22 2014 2014 118823, no. 573, no. 24 2014 2014 118825, no. 573, no. 26 2014 2014 118827, no. 573, no. 28 2014 118829 CHAIRMAN INSTITUTION of WITNESS PROTECTION and victim, ABDUL HARIS SEMENDAWAI

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