REPUBLIC OF INDONESIA NEWS

No. 1189, 2014 LPSK. The Alleged Violation. System Whistleblowing.

REGULATION OF WITNESS PROTECTION AGENCIES AND VICTIMS

NUMBER 2 IN 2014

ABOUT

WHISTLEBLOWING SYSTEM OVER ALLEGED VIOLATIONS

AT THE WITNESS PROTECTION INSTITUTE AND THE VICTIM

WITH THE GRACE OF GOD ALMIGHTY

LEADER OF THE WITNESS PROTECTION AGENCY AND THE VICTIM

REPUBLIC OF INDONESIA,

DRAWS: A. that to encourage public active participation in the prevention and/or disclosure of practices or actions that are contrary to good governance (good governance), a system of handling handling is required. transparent, accountable, effective, and beneficial for the performance improvement of the Witness Protection Agency and Victims;

b. that with the application Whistleblowing System expected to prevent violations in the Witness Protection Institution environment and Victims in conflict with the good governance principle; and

c. that under consideration as referred to in letters a and b, need to form the Witness Protection Agency Regulation and Victims on Whistleblowing System For conjects

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Offense in Witness Protection Agency and Victim;

Given: 1. Law No. 28 of 1999 on the Clean and Free State of Corruption, Kolusi and Nepotism (Sheet State of the Republic of Indonesia 1999 No. 75, Additional Gazette of the Republic of Indonesia Indonesia No. 3851);

2. Law No. 31 Year 1999 on Eradication Of Criminal Corruption (State Of The Republic Of Indonesia Number Of 1999 Number 140, Additional Gazette Republic Indonesia Number 3874) as amended by Act No. 20 2001 on Changes to the Law No. 30 of 1999 on the Eradication Of Corruption (sheet Of State Of The Republic Of Indonesia 2001 Number I34, Additional Gazette Of The Republic Of Indonesia Number 4150);

3. Law Number 25 of 2009 on Public Service (L, Enlarging of the Republic of Indonesia in 2009 Number 112, Additional Sheet of State of the Republic of Indonesia No. 5038);

4. Law No. 8 of the Year 2010 on Prevention and Eradication Of Money Laundering (sheet Of State Of The Republic Of Indonesia 2010 Number 122, Additional Sheet Of State Of Republic Indonesia Number 5164);

5. Government Regulation No. 53 of 2010 on the Discipline of civil servants (sheet state of the Republic of Indonesia 2010 No. 74, Additional Gazette of the Republic of Indonesia Number 5135);

6. Indonesia's Republic of Indonesia Regulation No. 82 of 2008 On the secretariat of the Witness Protection Society and the Victims;

7. Presidential Directive Number 2 Of The Year 2014 On The Act Of Prevention And Eradication Of Corruption Of 2014;

8. Rules of State Minister of Personnel and Bureaucratic Bureaucratic Number

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PER/05/M. PAN/4/ 2009 on the General Guidelines of Public Pengaduan Handling For the Instaction of Governing;

9. Witness Protection Agency and Victim Number 5 of 2009 On the Proceed of Examination and Pit Stop of the Members of the Witness Protection and Victims (Indonesian Republic of Indonesia News 2009 Number 523);

10. Witness Protection Institute and Victim Number 4 of 2010 On the Completion of Violations Of The Code Of Conduct And Violations Of Heavy Discipline (news of the State of Indonesia 2010 Number 129);

DECIDED:

SET: REGULATION WITNESS PROTECTION AGENCIES AND VICTIMS ABOUT WHISTLEBLOWING SYSTEM OF ALLEGED VIOLATIONS IN WITNESS PROTECTION AGENCIES AND VICTIMS.

BAB I

provisions of UMUM

Article 1

In the Regulation of this Institution referred to:

1. The Witness Protection and Victims Protection Agency (LPSK) is an agency responsible and authorized to provide protection and other rights to the Witnesses and/or Victims.

2. Whistleblowing System, further abbreviated as WBS, is a system of delivery and reporting information on the presence of alleged violations in LPSK.

3. Violations are acts that violate the laws of the law, the Code of Conduct, the misuse of authority, the LPSK Regulation and other measures in accordance with the provisions of this Regulation.

4. The LPSK chairman is the leader of the LPSK who is a member of the LPSK and is selected from and by the LPSK Member.

5. Employees are personnel who assist in performing the tasks and functions and assistance of the LPSK administration in accordance with the provisions of the laws.

6. An official is a member of the LPSK and an employee who occupies a structural or functional position in accordance with the rules of the law

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legislation.

7. The server is an officer, employee, and/or community who reports on a suspected violation of the LPSK.

8. Reporting is an official and/or LPSK employee who allegedly committed a breach in the provisions of this regulation.

9. A report is information in all its forms either listing or not listing the identity of the alleged violation.

10. Examination is the process of identifying the problem, analysis, and evaluation of evidence that is performed independently, objectively and professionally based on applicable standards, in order to assess the truth for the public's complaint.

11. Adminisrative immunity is the protection given to the Report on the imposition of administrative sanctions against it as set out in the laws.

12. Whistleblowing System, also abbreviated as WBS Unit, is a working unit that has the task of carrying out internal surveillance in the LPSK environment specified by the LPSK Chairman's Decision.

Section 2

This Regulation applies to the handling of the report containing information of alleged Offences by the Officials and/or Employees so that it interferes with the hosting duties and functions of the LPSK resulting in community losses or Country.

Section 3

(1) Officials and/or Employees are obligated to prevent any violation of the breach which may interfere with the hosting of the duties and functions of the LPSK resulting in a loss of the people or the State.

(2) Prevention As it is in verse (1) it is performed by a direct reminder. the oral or written words to the Officer and/or the LPSK Employee who are suspected of misconduct.

(3) The warning as referred to in paragraph (2) is intended in order to improve the performance of the execution of the tasks and functions of the LPSK.

Section 4

Any person who sees, knowing and/or disadvantaged on the alleged misconduct committed by the Official and/or LPSK Employees, is entitled to report it to the WBS Unit.

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Article 5

The WBS Handling is carried out on principle:

a. justice;

b. objectivity;

c. protection for Pereporting;

d. privacy;

e. independent;

f. non-discriminatory;

g. The presumption is not guilty;

h. proportionality; and

i. professionalism.

BAB II

TYPE OF VIOLATION

Section 6

(1) The type of Breach could be reported:

a. Employee discipline violation; and

b. law violation.

(2) The details of the violation type as referred to in paragraph (1) are listed in an inseparable attachment of this Regulation.

BAB III

UNIT WHISTLEBLOWING SYSTEM

Article 7

(1) The WBS unit is in charge:

a. receive and record any alleged violations of the breach received from the Report;

b. ask the report to provide a more complete description and/or other evidence to reinforce the alleged violations committed by reporting.

c. conduct an examination and suppressor for the alleged report of the breach;

d. assemble and convey the recommendation of the results of alleged violations to the LPSK Chairman; and

e. monitor the implementation of recommendations that the LPSK Chairperson has approved.

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(2) In carrying out the task as referred to in paragraph (1), the WBS Unit is obliged:

a. Secrets of the identity of the snitch; and

b. attempted protection against the por.

(3) The WBS unit is an independent unit consisting of selected personnel, under the terms of the criteria and the limited selection process.

(4) The selection process as referred to in paragraph (3) is implemented by the division responsible for the internal supervision of the LPSK.

(5) The provisions of the WBS Unit structure and the designation of personnel, specified in the LPSK Chairman Decision Letter.

BAB IV

MECHANISM WHISTLEBLOWING SYSTEM

Part Kesatu

Reporting

Article 8

Reporting is done through the mechanism:

a. directly; and/or

b. indirect.

Article 9

(1) WBS through the direct mechanism referred to in Article 8 of the letter a is done through the face-to-face between the Pereporting with the WBS unit.

(2) The WBS unit is pouring a WBS report as referred to in paragraph (1) in writing.

(3) In terms of the written report delivery as referred to in paragraph (2) at least contain:

a. identity pronunciation;

b. chronological events containing the time and place of occurrence, event and type of violation;

c. identity of the alleged perpetrator;

d. the shape and potential of the threat experienced (if any); and

e. Related supporting documents (if any).

Article 10

(1) WBS through indirect mechanism as referred to in Article 8 of the letter b is done:

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a. electrons; and

b. non electronics.

(2) The delivery of the WBS is electronically performed:

a. whistleblowing system website;

b. phone;

c. e-mail;

d. facsimile; and

e. other electronic means.

(3) The delivery of WBS is non electronically done through:

a. letter;

b. Report box; and

c. Other non-electronic means.

(4) In the event of delivery of the report as referred to in paragraph (1) at least contain:

a. identity pronunciation;

b. chronological events containing the time and place of occurrence, event and type of violation;

c. identity of the alleged perpetrator;

d. the shape and potential of the threat experienced (if any); and

e. Related supporting documents (if any).

(5) WBS delivery guidance via indirect mechanism is further set up with the LPSK Chairman Circular Letter.

Section 11

(1) The WBS unit is required to follow up on a report in the most prolonged period of 7 (seven) days.

(2) Further Tindak as referred to paragraph (1) is delivered via the mechanism used by PeReport in submit a report or via the communication path requested by PeReport.

Section 12

(1) The report seeker is done in writing by means of a manual or using a computerized system.

(2) The report seeker as referred to the paragraph (1) consists of:

a. Complaint data

1. the date of the receipt of the report;

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2. violation type code; and

3. documents and/or supporting data.

b. identity pronunciation

1. name;

2. Address or contact that can be contacted; and/or

3. list of ports.

c. identity reported:

1. name:

2. post; and/or

3. address.

Section 13

WBS reports that have been noted and redeemed, are grouped based on the type of violation with the problem code as follows:

a. WBS 01 code. Violation of employee discipline; and

b. WBS 02 code. Violation of the law.

Article 14

(1) The return of the care is based on:

a. the type of violation and the WBS code as referred to in Article 13;

b. work unit reported;

c. the date, month and year received the report.

(2) The pronunciation as referred to in paragraph (1) is performed in accordance with the provisions of the authorship.

The Second Section

Penelaahan

Article 15

Report suppressor activities include:

a. Formulating the core of the problem sent to the report;

b. conduct a legal analysis of the reporting materials with the provisions of the laws of the law;

c. examines the documents and/or related information;

d. Formulating the results of the review and recommendations for the next handling.

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Third Section

Examination

Article 16

Examination of alleged violations of the breach includes:

a. Advanced clot;

b. confirmation to the por and other related parties; and

c. clarification to report.

Section 17

In performing advanced clots as referred to in Article 16 of the letter a, the WBS unit prepares the steps to verify data-related data or documents.

Section 18

In conducting confirmation to the por and other related parties as referred to in Section 16 of the letter b, the WBS unit performs the following actions:

a. ensuring the alleged misconduct is reported; and

b. searching for additional information to ensure the alleged breach is reported.

Article 19

In conducting confirmation as referred to in Article 16 of the letter b, the WBS team performs the following actions:

a. ask for information and explanation orally or written to the parties associated with the reported issue;

b. Conduct an assessment of the issues that are reported by referring to the laws of the laws; and

c. requesting supporting documents for the explanation that the relevant party has communicated.

The Fourth Quarter

Report Check results

Section 20

The results of the examination results are systematically compiled, brief, clear and can be accounted for conclusions and follow-up suggestions.

Section 21

(1) WBS report Handlers and reports check results must be

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completed in the most prolonged period 60 (sixty) days since the receipt of the report.

(2) In terms of the term as referred to in paragraph (1) is not met, the WBS unit is obligated to make a report written with a valid reason and can be accounted for to the Chairman of the LPSK and to be exhaled to the Report.

Article 22

(1) The WBS unit may pass information on the status of the completion of the WBS handling to Peinformed.

(2) The delivery of information and settlement status is done as slow-slow 3 (three) The day after the report on the report received the WBS unit.

Article 23

(1) The completion status of the WBS handling as referred to in Article 22 of the paragraph (1), is categorized as follows:

a. status in the process; and

b. status is completed.

(2) The status in the process as referred to in paragraph (1) letter a, indicates the handling of WBS is still in the process of handling by the WBS unit.

(3) The finished status as referred to in paragraph (1) letter b, indicates that the WBS handling has been completed handled by the WBS unit.

(4) In terms of the finished status as referred to in paragraph (3), the WBS handling has been declared proven or unproven.

Section 24

(1) In the case of a member of the WBS Unit being the party associated with the breach report which Accepted, concerned members are required to submit a resignation as a member of the WBS unit.

(2) The submission of the resignation as referred to in paragraph (1) is submitted in writing to the Chairman of the LPSK no later than 3 (three) days after the member of the unit in question received a notification letter from the WBS unit.

Fifth Section

Completion of Handling Results

Article 25

(1) In the case of alleged misconduct is not proven, the WBS unit performs the following actions:

a. stop handling of the report; and

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b. notify the por.

(2) In terms of alleged misconduct not proven as referred to in paragraph (1), Chairman of the LPSK immediately commits an action to restore the name of the good report.

Article 26

In case it has been declared satisfy the infringement element, the WBS unit provides an action recommendation as per the terms of the invite-invite rule.

BAB V

PROTECTION FOR THE POR

Article 27

(1) The report is entitled to be given legal protection based on the provisions of the laws.

(2) The protection of the law as referred to in paragraph (1) may be:

a. an undisclosed identity;

b. cannot be prosecuted either by civil or criminal or the report will, or have been given it.

(3) In case there are any indication of the threat of self-harm, soul and/or property of Pereporting, including his family, the unit WBS is mandatory for protection against the por.

(4) In terms of granting of protection as referred to in paragraph (3), the WBS unit is authorized to form a special team.

(5) In addition to the protection as referred to in the paragraph (1), paragraph (2) and paragraph (3), the Chairman of the LPSK may provide administrative immunity to A snitch who is an official or an officer of the LPSK.

(6) Administrative Imunity as referred to in paragraph (4) includes protection against:

a. decline in office or rank;

b. delay of promotion to the rank;

c. delays in regular pay increases and/or allowances;

d. Unfair competition;

e. unfairly dismissal; and/or

f. adverse record-giving in personal data archive or user-based personnel archive.

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BAB VI

RECOMMENDATION FOR BREACH

Article 28

(1) The recommendation as referred to in Article 7 of the paragraph (1) letter e in form:

a. the fall of the discipline and violation of the code of conduct;

b. State loss returns;

c. replacement of State owned goods; and/or

d. the delivery of the results of the examination to law enforcement.

(2) The recommendation as referred to in paragraph (1) of the letter c is performed in terms of the results of an examination of the criminal conduct.

(3) The recommendation as referred to in paragraph (1) be sampled to the Chairman of the LPSK for approval.

Article 29

(1) In the case of the Chairman LPSK approving the recommendation as referred to in Article 28 of the paragraph (1) the letter a and d, the Chairman of LPSK is obliged to follow up in accordance with the provisions of The invite-to-invite rule.

(2) In the case of the LPSK Chairman approving the recommendation as referred to in POrigin 28 paragraph (1) letter b and c, the Chairman of LPSK ordered the Secretary of the LPSK to follow up in accordance with the provisions of the laws.

(3) The Chairman and Secretary of the LPSK as referred to in paragraph (1) and (2) perform the examination results recommendation, at least 30 (thirty) days since the receipt of the examination results recommendations.

BAB VII

SUPERVISION AND REPORT HANDLING CONTROL

Section 30

(1) The supervision and control handling of the WBS is exercised by the Deputy Chairman of the LPSK responsible for the internal law and supervision division.

(2) The LPSK vice chairman as referred to in paragraph (1) is required to report the results of supervision and control to the Chairman of the LPSK .

(3) The reporting obligation as referred to in paragraph (2) is performed at least 3 (three) times in 1 (one) years.

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Section 31

The supervision and control as referred to in Article 30 is exercised through activities:

a. monitoring or monitoring of follow-up handling of WBS report;

b. supervision of WBS handling;

c. received reports of results handling WBS reports from the WBS unit; and

d. WBS data evaluation and handling results.

BAB VIII

AWARDS

Article 32

(1) The Chairman of LPSK may reward PeReport according to the provisions of the laws of the laws;

(2) Grant The award mentioned in paragraph (1) can be provided in form:

a. award charters;

b. promotion of office;

c. education and training;

d. education scholarship; and

e. other awards.

(3) The Award as referred to in paragraph (1) is given to the port in the case of the complaint report:

a. Based on the results of the examination, there has been a proven violation of the employee's code of conduct or employee discipline; or

b. based on the court ruling that has had the power of the law has remained proven to be a criminal.

BAB IX

provisions CLOSING

Article 33

At a time when these regulations go into effect, the LPSK Regulation No. 1 Year 2009 about the Code of Conduct, 2009 LPSK Regulation Number 2 of 2009 on the Discipline of Employees and Regulation of LPSK Number 4 Year 2010 on the Settlement of Breach Of Code Of Conduct And Violation Of Heavy Discipline, Regulation LPSK Number 5 Year 2009 on Tata Way Examination And the rest of the LPSK, is declared to remain in effect as long as it does with provisions in this regulation.

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Article 34

The prosecution of the Witness Protection Society and the Victims Act came into effect from the date of the promulcity.

For everyone to know it, ordered the invitation of this LPSK Regulation with the the placement in the News of the Republic of Indonesia.

Specified in Jakarta

on June 13, 2014

CHAIRMAN OF THE WITNESS PROTECTION AGENCY AND VICTIM

REPUBLIC OF INDONESIA

ABDUL HARIS SEMENDAWAI

UNDRASED in Jakarta

on 22 August 2014

MINISTER OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA

AMIR SYAMSUDIN

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