REPUBLIC OF INDONESIA NEWS

No. 1188, 2014 LPSK. Check. Request Help. Operational Standards of Proceed.

REGULATION OF WITNESS PROTECTION AGENCIES AND VICTIMS

NUMBER 1, 2014

ABOUT

STANDARD OPERATING PROCEDURE APPLICATION APPLICATION

ASSISTANCE IN WITNESS PROTECTION AGENCIES AND VICTIMS

WITH THE GRACE OF GOD ALMIGHTY

THE LEADER OF THE WITNESS PROTECTION AGENCY AND THE VICTIM,

DRAWS: A. That the Witness Protection Agency and the Victims have had the 2009 Convention on Witness Protection and Victims of Number 4, 2009 on the Operational Standards of Medical and Psychiatric Assistance Procedures, but in implementation, it requires a guidelines in conducting medical and psychosocial checks against victims of heavy human rights violations;

b. that to carry out the provisions of Article 36, Section 37 and Article 38 of the Government Regulation No. 44 of 2008 on the Giving of Compensation, Restitution, and Assistance to the Witnesses and Victims, the Witness Protection Society and the Victims need to set the Standard Operation of the Assistance Examination Procedure at the Witness Protection Agency and the Victim;

Given: 1. Law Number 8 of the Year 1981 on the Law of the Law of Penal Code (State Sheet of the Republic of Indonesia in 1981 No. 76,

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Additional Page Of The Republic Of Indonesia Number 3209);

2. Law No. 26 Year 2000 on the Court of Human Rights (State of the Republic of Indonesia 2000 number 208, Additional Gazette of the Republic of Indonesia Number 4026);

3. Law Number 13 Year 2006 on the Protection of Witness and Victims (State Gazette of Indonesia Year 2006 Number 64, Additional Gazette of the Republic of Indonesia Number 4635);

4. Government Regulation No. 3 of 2002 on Giving Compensation, Restitution, and Rehabilitation Witness Victims Of Severe Human Rights Violations (State Sheet Of The Republic Of Indonesia Year 2002 Number 7, Additional Sheet Of State Of The Republic Of Indonesia) Number 4172);

5. Government Regulation No. 44 Year 2008 on Giving Compensation, Resitusi, and Assistance to Witnesses and Victims (State Of The Republic Of Indonesia 2008 No. 84, Additional Gazette Republic of Indonesia Number 4860);

6. Regulations of the Witness Protection Society and Victims Number 4 of 2009 on the Operational Standards of Medical and Psychiatric Assistance Procedures (Indonesian Republic of Indonesia News 2009 Number 422);

DECIDED:

SET: REGULATION WITNESS PROTECTION AGENCIES AND VICTIMS ABOUT OPERATIONAL STANDARDS OF EXAMINATION PROCEDURES FOR ASSISTANCE IN WITNESS PROTECTION AGENCIES AND VICTIMS.

Article 1

(1) The Witness Protection Society and the Victims, which are further abbreviated to LPSK, are agencies that are in charge and authorized to provide protection and other rights to witnesses and/or victims as contemplated in the Law Number 13 of the Year 2006 on Witness Protection and Victims.

(2) The Operational Standards of Procedure, which further abbreviated as SOP examination request assistance are basic guidelines

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examination of relief requests for victims of heavy human rights violations as set out in the provisions of the applicable laws.

Article 2

Terms of execution SOP as referred to in Section 1 is contained in the appendix and is an inseparable part of this Regulation.

Article 3

SOP the unifying request for this assistance is compiled as:

a. reference to the examination of the victims of the heavy human rights violations and the work plan of any unit of related instances within the scope of the LPSK; and

b. The consideration for the examination of relief applications for victims of human rights violations is heavy on the LPSK.

Section 4

In terms of carrying out an examination of relief requests for victims of heavy human rights violations, a related service unit in the scope of the LPSK is required to comply with the provisions of the request for assistance in accordance with the This rule.

Article 5

The prosecution of the Witness Protection Agency and the Victims of the Victims Act came into effect from the date of the invitation.

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

Set in Jakarta on December 27, 2013

CHAIRMAN

WITNESS PROTECTION AGENCY AND VICTIM,

ABDUL HARIS SEMENDAWAI

PROMULRED IN JAKARTA ON 22 AUGUST 2014

MINISTER FOR LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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ATTACHMENT I

REGULATION OF WITNESS PROTECTION AGENCY AND VICTIM NUMBER 1 IN 2014

ABOUT THE OPERATIONAL STANDARDS OF PROCEDURE

EXAMINATION OF THE REQUEST FOR ASSISTANCE

GUIDELINES FOR MEDICAL EXAMINATION AND PSYCHOSOCIAL

FOR THE HELP OF A HEAVY HAM VIOLATION VICTIM

THE FIRST PART

PRELIMINARY AND SCOPE

I. General

1. Reparations are a liability run by the State as part of a State recognition effort for the loss and suffering suffered by victims of heavy human rights violations.

2. The granting of reparations to human rights violations is the responsibility of the State that has been set up in various rights instruments as well as affirmed in the ruling (jurisprudence) of the international and regional human rights committees. The obligations resulting from the State accountability for violations of international human rights laws give the right to individuals or groups who are victims to obtain the rehabilitation treatment that one is concerned with. Effective medical aspects and a fair recovery.

3. Important references that are the basis for fulfilling medical rehabilitation obligations to the victims are the Basic Principles and the Restoration of the Restoration for Victims of International Human Rights Law and Humaniter Law (Basic Principles "). and Guidelines on the Right to Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law 1995) and the Declaration of the Basic Principles of Justice for Victims of Crime and Abuse of Power (Declaration of Basic Principles of Justice for Victims of Crimes and Abuses of Power).

4. The Act states that the granting of medical services to victims ' witnesses is an inseparable part of the concept of granting protection by the Witness Protection and Victims Protection Agency (LPSK). Medical services for witnesses

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and the victim was set in Act No. 13 of 2006 on Witness Protection and Victims (subsequently called Act 13/2006) is a form of service given to witness victims suffering from pain. which includes physical, psychic and economic losses, in which the given process is determined by the process of screening the application by the Witness Protection and Victims Protection Agency (LPSK).

II. Guideline and Guide Purpose

1. Meeting the need for operational technical guidance for LPSK officers in conducting medical examinations including psychosis and psychosocial to victims of severe human rights violations.

2. Provide an assessment of medical conditions, including psychiatric and psychosocial physical and psychic human rights violations victims of severe human rights violations in order to provide an assessment of the recommendations and actions to be performed.

3. Optimize the LPSK service in order to be exercised in an orderly manner, in accordance with the provisions of applicable law, easy and simple, and provide legal assurance of certainty.

4. As a guideline for medical and psychosocial teams.

5. Allows for monitoring and evaluation.

III. Principle-Principles

The implementation of the examination has a principle:

1. The award of the harkat and human dignity is the treatment of respect and respect for human dignity in the exercise of compensation in accordance with the principles of respect for human rights that include protection, service, imprisonment.

2. Non-discrimination is the absence of restriction, harassment, or direct or indirect excommunication based on human differentiation on the basis of religion, ethnicity, race, ethnicity, group, group, social status, economic status, gender, language, and social status, as well as the non-discrimination against the human being. political belief, in the exercise of compensating.

3. The same opportunity is equal access and equivalent to utilizing medical service delivery services for victims ' witnesses who meet the LPSK requirements and the Act.

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4. Special attention is a concern that must be given to victims ' witnesses who have special needs in the implementation of the compensation grant.

5. Participation is the propotional position of the victim's witness stand to express his opinion on the technical, shape, and subject of the service of the treatment of medical services that will or is being given.

6. Justice is the fulfillment of a sense of justice for victims ' witnesses in accordance with the rights and the position in accordance with the UndangInvite and other general principles in the implementation of the granting of protection.

7. Legal certainty is the legal guarantee of both the substance and the procedure in the exercise of medical care related to the rights and position of the victim's witness.

8. Ease and clarity, the meaning in giving LPSK suppressor also pays attention to easy access to victims and clarity in the implementation of suppressor

9. Secrets are the results of psychosocial studies on victims of secret. IV.

IV. Law Basic

1. Act Number 26 of the Year 2000 about the Court of Human Rights;

2. Act No. 29 of 2004 on the Practice of Medicine;

3. Law No. 13 of 2006 on Witness Protection and Victims;

4. Law No. 36 of the Year 2009 on Health;

5. Government Regulation No. 3 of 2002 on Compensation, Restitution, and Rehabilitation of the Victims of a Heavy Human Rights Violation;

6. Government Regulation No. 44 of 2008 on the Giving of Compensation, Restitution, and Assistance to the Witnesses and Victims;

7. Health Minister Regulation No. 749a of the Year 1989 on Medical Records;

8. 2009 Rules of Witness Protection and Victims of Number 4, 2009 on the Operational Standards of Medical and Psychosocial Assistance Procedure;

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9. Witness Protection Agency and Victim Number 1 of the Year 2011 on Protective Services Guidelines on Witness Protection agencies and Victims (State Gazette Indonesia Year 2011 Number 207); and

10. Witness Protection Agency and Victim Number 1 of the Year 2012 on the Tata Manner Implementation Investigation.

V. Scope Of The Checkpoint

1. Medical examination aims to determine the feasibility and timeframe in the granting of medical assistance, including mental health.

2. Psychosocial examination aims to determine the viability and timeframe in the granting of psychosocial rehabilitation assistance.

VI. Understanding

1. A victim is a person or group of people who experience the suffering of both physical, mental or emotional, economic losses, or suffering neglect, reduction or appropriation of basic rights, as a result of human rights abuses. The heavy ones, including the victim are his heirs;

2. Help applicants are victims of severe human rights violations and families, which may apply for assistance to LPSK;

3. The Admissions Division of the Witness Protection Agency and its subsequent victims abbreviated as DPP LPSK is a division of the LPSK responsible for receiving protection requests from the public or from authorized officials.

4. The heavy human rights violations in the Guidelines are Crimes against Humanity set by the Komnas HAM;

5. Assistance is the service given to the Victims and/or Witness by the LPSK in the form of medical assistance and psychosocial rehabilitation assistance.

6. 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 which corresponds to the victim ' s condition, including mental health;

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7. Psychosocial assistance is a form of aid services that LPSK provides with regard to psychological and social recovery needs by psychologists, psychiatrists, social workers or other related experts to restore psychosocial conditions;

8. An examination is a set of actions to conduct an analysis in order to determine whether or not to provide assistance to the victim;

9. The report is the result of an analysis team analysis that includes the conclusion of medical and psychosocial checks;

10. Medical Emergency Action is an act committed to address the issue of urgency and medical brilliance.

11. Medical urgency is a medical service that is immediate and is required to quickly be addressed immediately to the victim for the victim's life rescue (critical);

12. Medical emergency is a condition in which emergency assistance is required for a medical condition including psychiatric, real serious threats to the physical condition of the victim, but not life threatening.

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THE SECOND PART

THE SCOPE AND THE EXAMINATION INSTRUMENT

I. Scope For Help

1. The scope of medical and psychosocial assistance includes:

a. Medical, medical treatment, including mental health

b. Psychosocial, social support, skill, education, employment and psychological support (e.g., distraction).

2. Based on the 2009 LPSK Regulation No. 4, Medical Services are:

a. The scope of medical assistance includes four medical response responses that will be provided:

1) Response I: Medical Emergency Services Medical Care;

2) Response II: Emergency Services Medical Emergence Service;

3) Response III: Care Service stay;

4) Response IV: outpatient service.

b. In medical services, the category of urgency is a medical service that is immediate and necessary immediately to the victim for the rescue of the victim's life (critical); in medical services, the category of emergency is a condition. Where emergency assistance is needed for a medical, psychic, real-real serious threat to the victim's physical condition but does not threaten life.

c. In certain medical services, this category of urgency and emergence includes intensive care with the use of an intensive care unit in which a hospital treatment department requires a room and is required to provide an intensive care unit. Special supervision is continuous by a physician who has a qualification for ICU care assisted by a special nurse with special equipment;

d. While aid in outpatient and outpatient medical services, it is the assistance in which aid services are provided to witnesses and/or victims in a more stable situation, for the recovery of the victims. An outpatient service is required for victims to receive medical treatment or treatment where the victim has to stay in the Hospital.

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e. Based on the LPSK Regulation No. 4 Year 2009 Psychological Service is to provide the forms of Psychosocial Services (this determination is based on a particular indicator of:

1) Counseling, for example: simple (non-emergency) counseling;

2) Special Intervention and Intervention, for example: CBT, Feminist Counselling, Feminist Therapy, Group Therapy, Family Therapy;

3) Forms a long-term recovery (Example: Projection Exposure); and

4) The combination of Medical and Psychiatry (Psychosocial Therapy and Medication).

f. The use of these forms of service certainly uses a diverse approach, depending on the condition and complexity of the psychic problems experienced by the victim. For example, use of the Client Center method, Family Based and Community Based. The form of the service is provided will also be done based on the observational results and the study of the experts appointed by the LPSK.

g. Based on the LPSK Regulation No. 4 of 2009, Cultural Social Empowerment is a special service for Social Social Empowerment to prepare victims in order to prepare their social modalities or prepare victims for them to be able to help them. interact with her social life. Activities in this context are primarily associated with empowerment based on social communities or social empowerment in accordance with the cultural context for the corbann Activities in the program includes education, social improvement skills, and A special distraction to be accepted into his environment.

II. Scope Of The Checkpoint

1. The scope of the medical examination includes:

a. Basic medical examination data include; the identity of the checked applicant, the time or date of examination and examination results consisting of components: anamnesa (according to the victim) and alloanamnesis (of others e.g. family), history Disease now, history of the disease first. Physical conditions found, including head, eye, nose, ear, thorak (chest), abdominal (stomach), abdominal (member

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upper and lower motion), and urogenital (bladder and gender channels), as well as psychiatric (mental status) conditions found.

b. The basic dental examination data is an Odontogram that includes a dental examination in the left mandible, the lower right jaw, the upper left jaw, the right upper jaw.

c. Simple lab check required.

d. Results of work diagnostics, suggestions and suggestions, as well as the expectations that the victim wants.

2. The scope of the psychosocial examination:

a. Perform a psychosocial condition check with a working method that includes: field observation, secondary data use and screening with questionnaires, standard forms and live interviews.

b. Psychosocial examinations are used to determine the socio-demographic data of each victim of severe human rights, conducting examination and analysis of social data that includes: work, education, economics, social relations, physical and mental health.

c. The purpose of psychosocial examination is to formulate psychosocial problems, determine the relationships of severe human rights violations with psychosocial problems, provide the intervention recommendations required.

3. Scope of the treatise:

Includes the identity of the applicant, the goal of the request, the chronological event of the experienced (based on the anamnesa of the team), suppressor, proof or document submitted, the actions of the Satgas UPP and the response, the Satgas recommendation.

III. Instrument Examination

1. Medical Examination Instrument

a. Standard Instruments of Medical Examination include:

i) The applicant ' s Identity Data is based on document evidence

ii) Demgraphic Information Data that includes: marriage status, child number, education level, employment, job status, and the primary source of revenue.

iii) The history of the Disease Now, based on an anamnesis containing the main complaint and additional complaint of the victim.

(1) The main complaint contains:

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(a) Complactecule cardiovascule (heart).

(b) Complave neuromuscular culosletal (nerves).

(c) urogenital complaint.

(d) Complacations of reproductive organs.

(e) Complacations of the senses.

iv) The Physical Condition found.

b. The chronology of events and actions that are experienced in the event of a criminal offence of human rights violations experienced by the applicant includes elements of i) crimes against humanity or ii) genocide (complete list of elements in appendix: based on the case matrik summary of the source: Legal Tools Project Case Matrix, Means of Proof Master Document Common Element of Crimes Against Humanity International Criminal Court Office of the Prosecutor Legal Advisory Section.

c. A history of traumatic experiences related to the events of severe human rights violations that were ever experienced.

d. Instrument Self-Reporting Questionnaire-29 for mental health problems screening/assessment of psychosocial problems, psychosocial instruments, including the current social resources and stress (Appendix II).

e. Data instruments for the victim (attachment III)

IV. Test Team Standards

1. An examination of the Torture Team formed by the DPP consists of:

a. General Doctor;

b. Psychiatrist/Psychological;

c. Social workers (social workers are trained, chaperones) to assist in the examination according to the need.

d. LPSK DPP staff.

2. The standard of examination for one financier is 1 doctor in 1 (one) day checking a maximum of 7 applicants, with a note if the patient is in one examination location.

3. The cost of the profession, includes:

a. Accommodations.

b. The profession ' s services are tailored to the general cost standards and the special cost standards applicable.

3. Filling attachments for officers on attachment IV

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V. Check Tools.

To ease checks, improve professional and inspection accuracy, then need to prepare the main support equipment, namely:

a. Laptop.

b. Portable printer.

c. Office stationery.

d. Digital thermometer.

e. Digital tensimeter (adjusted to standart maintenance).

f. Mini laboratory portable

g. Stethoscope.

h. Camera.

i. Photo paper.

j. Emergency medicine

k. Cable rolled.

l. The required form/instrument.

m. and so forth in accordance with the needs.

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THIRD PART

PROCEDURE CHECKS

I. Stage of Documents Examination

Recipient Requests analysis of the application on the terms of the formyl and material requests for medical assistance and psychosocial rehabilitation. As for the terms of the aid request as follows:

a. Request in writing;

b. The applicant ' s identity (full name, gender, place and date of birth, marital status, employment, address, contact number);

c. The request was supplemented by a letter from Komnas HAM that the petitioner was a victim of a heavy Human Rights violation;

d. Description of the heavy human rights violations (chronological);

e. Forms of assistance requested: medical or psychosocial or both of both;

f. The photocopy of human rights violations in case of human rights violations has been decided by a court which has obtained a fixed legal force (if obtained);

g. Family relations certificate, if assistance is submitted by family (Family Card);

h. Special power mail, if assistance is submitted by the Victim's Power or Family Power; and

i. Medical record/psychological record (if any).

II. Check Stage

1. The steps to do the job are to include:

a. Once the file is declared complete, the DPP will determine the examination time (assessment).

b. The Assessment team is customized to the Human Resources standard in this SOP.

c. The number of doctors/psychiatry/psychologists is adjusted to the number of petitioners.

Every 1 (one) medical person and/or psychologist who is in charge, the maximum can do an assessment of 7 (seven) the applicant per day.

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d. The timing of the assessment is adjusted to the applicant number.

e. Doctors/psychiatry/psychologists conduct assessments based on the standard of examination and standar\assessment according to the ones that have been specified in this SOP.

f. The assessment place is performed at a location by collecting the applicant to be adapted to the proximity of the geographic area.

g. In the event the applicant cannot be present at the designated location, the Assessment Team is required to come to the applicant's location.

2.Tahapan the medical-psychosocial repressor:

a. Stage screening by using: psychosocial and psychological clinical instruments.

b. Special examination stage: by using: clinical psychiatry, test special talent and personality.

c. Emergency intervention that includes basic counseling, psychological medical, drug and psychotherapy.

d. Report and Recommend recommendation.

III. Assessment Results In Assessment Results

1. After medical and/or psychological assessment, physicians/psychiatry/psychiatry are required to submit reports of results of assessments no later than 5 (five) days of work to the DPP LPSK-based responsibations.

2. The DPP is required to appoint a staff to prepare a treatise on a request that is considered a consideration in a plenary session no later than 3 (3) days after receiving reports of medical and/or psychological assessment results.

IV. Special Conditions

1. In particular, special conditions include:

a. The applicant requires immediate and necessary medical services to be immediately addressed to the victim for the rescue of the victim's life (critical) as well as in medical services for the conditions in which emergency assistance is required to a The medical, psychic, real-real serious threat is threatening the victim's physical condition but not life threatening.

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b. The conditions of the urgency correspond to the doctor/shrink/psychologist's assessment.

c. Special situations that require immediate handling.

d. In terms of the medical team/team assessment is not yet available,

e. In the situation there has not been an agreement (from the plenary meeting) to provide assistance.

2. In the case of the applicant in accordance with the above conditions, the applicant may immediately obtain medical and psychological treatment by the way the Team is required to immediately submit a minimum approval of 3 (three) members of the commissioners to perform the condition's handling of the condition. emergency.

3. To accelerate the handling process, consent can be made through the means of communication (phone, email, sms, etc.) that are required to be poured in writing after handling emergency conditions.

4. The term of the handling of emergency conditions is adjusted to the need.

V. Examination conclusions

1. The conclusion of the results of the results of a mandatory examination lists at least:

a lack of information. Medical diagnosis.-A psychiatric diagnosis.

b. Recommended handling.

c. Referral.

2. Medical handling/Recommend handling.

a. Medical Help.

b. Social Rehabilitation Assistance

c. Psychological assistance: Simple counseling of special Intervention (group therapy, CBT, EMDR) and psychiatric medical counseling.

3. The report format contains

a. The conclusion of the assessment of medical conditions includes mental health.

b. The results of the lab examination results.

c. The conclusion of the assessment of psychosocial conditions.

4. Signed by a doctor/psychiatrist/related psychologist.

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VI. Monitoring and Evaluation

1. The admission division is mandatory for monitoring and evaluation of:

a. examination execution constraint;

b. SOP implementation constraint;

c. Execution of a report (pre-referral);

d. Referral therapy (post referrals);

e. Audit the report (pre and post) by taking random sampling.

2. This monitoring and evaluation is performed at least once in 3 (three) months,

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CHAIRMAN

WITNESS PROTECTION AGENCY AND VICTIM,

ABDUL HARIS SEMENDAWAI

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