Key Benefits:
2. A CORRECTIONAL PROTÉGARY.
www.djpp.depkumham.go.id
a. The son of a criminal who is based on court rulings is serving a criminal in the LAPAS the longest until the age of 18 (eighteen) years.
b. The son of a child who was based on court rulings was handed over to the state to be educated and placed in the LAPAS the longest until the age of 18 (eighteen) years.
c. A child's child, which was at the requesthealth, and social security services according to the physical, mental, and spiritual needs; that Law No. 23 of 2002 on Protection of the Child mandates that children dealing with the law are entitled to receive special protection from the Government and the public; that the implementation of the handling of the child dealing with the law is good. During the investigation, prosecution, or examination in the Court is not yet optimal. It is necessary to provide a unified service for the best interest of the child; that to provide special protection against the child facing the law requires institutional support and cooperation in the fulfillment of the child's rights; that to provide special protection against the child facing a unified law is required a General Guide about the Handling of the Child facing the Law; that based on consideration as a letter a, letter b, letter c, letter d, and letter e need to specify the Regulation of the Minister of State Women's Empowerment and Child Protection of the Republic of Indonesia on the General Guidelines of Child Handling Guidelines in front of the Law;
Given:
1. 2. 3.
Law of the Republic of Indonesia No. 8 Year 1981 On Criminal Event Law; Act Number 3 of 1997 on Children's Courts (sheet State of the Republic of Indonesia Year 1997 Number 3, Additional Gazette of the Republic of Indonesia Number 3668); Code Number 23 Of 2002 On Child Protection (state Sheet Of The Republic Of Indonesia In 2002 Number 109, Additional Gazette Of The Republic Of Indonesia Number 4235);
www.djpp.depkumham.go.id
Set
:
DECIDED: THE RULES OF THE MINISTER OF WOMEN 'S EMPOWERMENT AND CHILD PROTECTION OF THE REPUBLIC OF INDONESIA ON THE GENERAL GUIDELINES OF THE CHILD' S HANDLING OF THE CHILD ' S HANDLING OF THE LAW.
Article 1 In the Regulation of this Minister referred to: 1. Child is someone who has not been 18 (eighteen) years old. 2. Children dealing with the law are children as victims, perpetrators and witnesses. 3. The law enforcement is the Police, the Prosecutor, and the Court. 4. Related ministries are the Ministry of Law and Human Rights, the Ministry of Social Affairs,
The Ministry of Health, Ministry of Education, and the Ministry of Women ' s Empowerment and Child Protection.
5. Institutions or organizations related to legal assistance are institutions or professions that care about children and are established under the provisions of the rules of the law-invitation.
6. Related agencies are institutions that care for child protection especially in the handling of the child dealing with the law.
Article 2
With the Regulation of the Minister drafted the General Guidelines of Child Handling Guidelines ahead with the Law as set forth in this Appendix A Regulation of this Minister which is an inseparable part of the Minister ' s Regulation.
Article 3 of the General Handling Guidelines in front of the Law is intended to be a guideline or reference for law enforcement, ministries and related agencies, as well as related agencies or organizations with legal help of a child in the handling of a child dealing with the law.
4. 5. 6. 7. 8. 9.
Act No. 18 of 2003 on Advocate (Sheet State Of The Republic Of Indonesia In 2003 Number 49, Addition Of State Sheet Indonesia Number 4288); Law No. 20 In 2003 on National Education System (sheet) Republic of Indonesia Year 2003 Number 78, Additional Gazette Republic of Indonesia No. 4301); Law Number 11 Year 2009 on Social Welfare (Sheet Country Repubilk Indonesia 2009 Number 12, Additional Gazette) Republic of Indonesia Number 4967); Law No. 36 Year 2009 on Health (State of the Republic of Indonesia in 2009 Number 144, Additional Gazette of the Republic of Indonesia No. 5063); Presidential Regulation No. 5 of 2010 on the National Long-term Development Plan of 2010-2014; Presidential Decree Number 84 /P 2009 on the Establishment and Appointing of the Minister of State of the Cabinet of Indonesia United II;
www.djpp.depkumham.go.id
Article 4 of the Child Handling General Guidelines with the Law aims to equate perception and motion of steps for law enforcement, ministries and related agencies, as well as agencies or organizations related to legal aid In the care of the child dealing with a law that puts the best interests in the best interests of the child.
Article 5 of the Child Handling Common Guidelines with the Law contains about the outlines of the handling of the child dealing with that of the law. including mechanisms, procedures, services, coordination, cooperation, monitoring, evaluation, reporting as well as in the handling of the child facing the law.
Article 6 of the Child Handling General Guidelines facing the Law may be used by law enforcement, ministries and related agencies, as well as agencies or related organizations with Legal assistance in compiling operational standards of procedures and technical guidance each in accordance with the provisions of the laws.
Section 7 In carrying out the Common Child Handling Guidelines dealing with Law, law enforcement, ministries and related agencies, as well as agencies or organizations related to legal aid can conduct coordination, integration, synchronization and cooperation based on functional relationships for the best interest of
Article 8
The Minister ' s Regulation is beginning to apply on the set date. In order for everyone to know, the Regulation of the Minister of State for Women's Empowerment and the Protection of the Child is promulred by its placement in the News of the Republic of Indonesia.
Specified in Jakarta on 19 October 2010 MINISTER OF STATE WOMEN 'S EMPOWERMENT AND PROTECTION OF THE CHILD REPUBLIC OF INDONESIA, LINDA AMALIA SARI
PROMULRED IN JAKARTA ON 19 OCTOBER 2010 MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA' S PATRIALIST AKBAR NEWS REPUBLIC OF INDONESIA 2010 NUMBER
www.djpp.depkumham.go.id
ATTACHMENT
REGULATION OF THE MINISTER OF STATE FOR WOMEN ' S EMPOWERMENT AND PROTECTION OF THE REPUBLIC OF INDONESIA
NUMBER 15 IN 2010 ABOUT
THE GENERAL GUIDELINES HANDLING CHILD DEALING WITH LAW
BAB I
INTRODUCTION
A. Child's background as a budding, potential and younger generation successors to the nation's struggles, has a strategic role and features special traits and properties that guarantee the survival of the nation and the country in the future. Children have specific characteristics compared to adults and are one of the vulnerable groups whose rights are still neglected, therefore child rights are important to be prioritized. In the Basic Law of 1945 in Article 28B Verse (2) it is said that every child is entitled to survival, grows and develops as well as entitled to the protection of violence and discrimination. The role of the child's strategic role as a successor to the ideals of the nation's struggle has been realized by the international community to give birth to a convention which essentially emphasizes the position of the child as a human being who must obtain He has. This was marked by the publication of the Convention on the t response to the same criminal offense.
2) The victim's approval
For a case that had a serious impact on the victim, then the victim's consent was indispensed in the settlement of the child's case. Whereas, for cases that do not have a serious impact on the victim, there is no need for the victim's consent in the settlement of child matters.
3) The participation and opinion of the victim
In the handling of ABH with the restorative justice approach It may involve the victim and or his family, and hear, and consider the victim's opinions.
d. Parental/Family Support
In the case of child offenders ' child support treatment, parents/guardians and families are essential for the approach of justice
www.djpp.depkumham.go.id
restorative can be successful. The parent/guardian or aging capacity; c. increased data provisioning and child protection information; and d. Increased coordination and partnership between stakeholders
regarding the fulfilment of child rights, both local, national and international.
B. The direction of ABH ' s handling policy
In order to carry out the handling of ABH then its policy is directed to the completion of child cases with the restorative justice approach conducted by various agencies/related agencies, both law enforcement, government, provincial, county/city governments and organizations/
www.djpp.depkumham.go.id
the social institutions of society, lawyers, and other institutions of society with a systematic, comprehensive, continuous, and unified network. A. The restorative justice principle
In the settlement of the child case with the restorative justice approach, it needs to depaniate the principles of restorative justice: a. make the violator be responsible for fixing the loss
incurred by his misdeeds; b. provides an opportunity for offenders to prove
its capacity and quality by overcoming the sense of guilt constructively;
c. involving the victims, parents, large families, schools, and peers;
d. created a forum to cooperate in resolving the problem; e. establish a direct and real relationship between errors and reactions
formal social.
Completion of a child ' s case with a restorative justice approach is obliged to pay attention: a. Victim's interest; b. welfare and child responsibility; c. avoidance of negative stigma; d. Revenge avoidance; e. the harmony of the community; and f. The wrineness, the decency, and the public order.
B. Pre-requisite restorative justice approach
a. Perpetrator
1) The Age of the Child
In the handling of the child's case as the perpetrator of the criminal, his henchmen always pay attention to the age of the perpetrator, the younger the offender's age is increasingly important for a solution to the justice approach Restorative. The age of criminal liability in Indonesia is 8 (eight) years (in the Draft Law of the Criminal Law and the Draft Law of the Criminal Justice System of the Age of criminal responsibility of the 12-year-old child criminal liability), meaning no A child under eight (eight) years who can be held responsible for criminal responsibility for committing a crime. If there is a child under 8 (eight) years committing a crime, indicated there has been a very serious problem, even though the child does not understand the aftermath of the act. For the handling of such cases, the settlement through the judicial process will not be effective, therefore it needs to be handled by competent agencies or agencies in a way
www.djpp.depkumham.go.id
refers to educational institutions, social services services or related community agencies.
In a given condition, a child aged between 8 (eight) up to 12 (twelve) years can be processed through formal law, but it cannot be subjected to detention or imprisonment. For a group of children under 12 (twelve) this year, the handling of the restorative justice approach must be the first priority.
The child above 12 (twelve) years old can be processed through the formal legal process, The restorative justice approach must be the first priority and the imprisonment is the final attempt.
2) The recognition and regret of the perpetrator
The completion with the restorative justice approach will be effective. if the child admits the deed and regrets it. Child recognition and remorse for such acts should not be enforced with threats or persuasion in return (to be solved by the restorative justice approach). A settlement with a restorative justice approach cannot be considered if the child does not acknowledge the deed and does not regret it.
3) The Condition of the Child as the Perpetrator and the number of Criminal Tindak that
Dive the Completion Child with Restorative justice approaches must pay attention to the condition of the child while committing a felony. If the driving factor of the child commits a criminal offence beyond the control of the child and the child commits a criminal act for the first time, then the settlement with the restorative justice approach is conducted by means of mediation or family deliberation. Involving the victim, the perpetrator and his family are the top priority.
b.
A criminal case involving a child as a perpetrator must be attempted to resolve with a restorative justice approach. In the event of a child's settlement, his will be considered a serious crime and the number of felon committed. A category of criminal acts that is threatened with criminal sanctions up to 1 (one) years should be prioritised for discretion. It does not need to be processed through formal law, given enough orally or written warnings.
www.djpp.depkumham.go.id
The category of criminal acts threatened with criminal sanctions of more than 1 (one) year and up to 5 (five) years prioritised to be completed by a restorative justice approach, by means of mediation or family deliberation It involves the victim, the perpetrator and his family. The category of felon is threatened with criminal sanctions of more than 5 (five) years, which does not result in severe injuries and loss of life can be solved by a restorative justice approach, by means of mediation or family deliberation with involve the victim, the perpetrator and his family. The first child to commit a criminal act is prioritised to be solved by the restorative justice approach, by mediation or family deliberation, by involving the victim, the perpetrator and his family. However, the settlement with the Restorative justice approach must be kept against the child who had previously committed a criminal offence, considering the condition of the victim, the perpetrator and his family.
c. Victim
1) Impact of the conduct against the victim.
Every crime would have a different impact for each of the victims. The loss suffered by the victims as a result of a criminal act can be physical, psychic, material and social that could have a serious impact on the victim. Thus the victim required a differenild.
BAB II
DIRECTION POLICY
A. The direction of Child Protection Policy
Based on the 2010-2014 RPJMN, child protection improvement policy was directed at: 1. increased access to quality services, increased
child participation in development, and attempt to create a child-friendly environment in order to support the growing of the child ' s fireworks and survival;
2. increased child protection from violence and discrimination; and 3. the improvement of the institutional effectiveness of child protection. In order t es investigator with interest, ability, attention, and
dedication and cerviability in the child field on the Polri Mabes and its regional ranks;
2. increased the number of Female and Child Services Units/PPA Units in the Polri Mabes and its regional ranks;
3. provides a special examination room for the child in the Mabes Polri and its regional ranks;
4. carrying out education and training on the handling of ABH; 5. compose the standard guidelines/guidelines on ABHwith handling
restorative justice approaches; 6. forming the ABH handling work group; and 7. Conducting internal socialization, which in its implementation can work
is the same as related agencies.
www.djpp.depkumham.go.id
The execution of the task and the handling is performed integrated by the Police Technical Managing Unit. 1. The investigation of the child's case was carried out by the child investigator. 2. Each Polsek/Polresta/Polwiltabes/Polda/Mabespolri must have
book the special register of child cases and make periodic reports at least 6 (six) months once.
3. Each Polsek/Polresta/Polda/Polda/Polda/Mabespolri must have a special investigator dealing with child matters, appointed by the Head of the respective units.
4. The police department maintains the treatment of child cases by prioritizing the investigation process.
5. The child examination time for the making of the BAP is no more than 4 (four) hours a day and is not performed at night. Be tried to present a child's parent, guardian and legal advisor.
Son as Perpetrator 1. Investigators received reporting or complaint from a person or
found alone a felony. 2. After receiving reporting or finding yourself, the investigator immediately
is conducting an investigation to search for captions and evidence items. 3. In case of found enough evidence of a criminal offence, it is immediately published
The Task Order Letter and the Investigations Order. 4. The head of the PPA Unit pointed to investigators or some of the investigators who
adjusted to the case and gender of the child. 5. In carrying out the investigation, the investigator is required to notify
BAPAS and ask for consideration or advice of a correctional supervisor. If necessary to request consideration or advice from an education expert, mental health expert, religious expert, or any other correctional officer.
6. Prior to the possibility of child summoning, as a criminal offender, investigators were required to examine first the snitch and the witnesses included a consultation with the expert.
7. Calls to the child as an offender are to consider the impact of psychology or other impacts.
8. A child suspected of being a convicted felon called or caught a direct hand was taken to a special service room on the PPA Unit.
9. In the event the police are forced to make an arrest, the action must be carried out as a final attempt, and the arrest term is no more than 1x12 hours.
10. Against the child caught by hand, investigators are required to inform the family, the guardian, the foster parent, legal advisor, advocate and BAPAS within 1x12 hours.
11. Preliminary examination of the child is required to pay attention to health and child preparedness conditions.
12. A child's examination can be done if the child is in good health. In terms of the child in unsanitary conditions, both physical and psychic, then investigators are required to delay the initial examination of the child.
www.djpp.depkumham.go.id
13. Investigators are making a recovery effort on child health conditions, if it needs to refer to the puskesmas, hospital, integrated service center (PPT), the integrated services center of women and children (P2TP2A) and psychologists.
14. The child examination time for the making of the BAP is no more than 4 (four) hours a day and is not performed at night. Be tried to present a child ' s parents, guardian and legal advisor.
15. During the examination, investigators are required to examine the child in a familial atmosphere, with an effective approach, affection/affection/affectionable and sympathetic approach.
16. Detention as a final attempt, can be carried out against a child committing a criminal offence of 10 years or more criminal charges.
17. In the assessment process against the child and his case, investigators gathered information in a family atmosphere.
18. In conducting investigation, investigators are required to immediately request consideration or advice of a correctional tutor within 1 x 12 hours, and if necessary to request consideration or advice from an education expert, mental health expert, religious expert, or other correctional officers.
19. The determination of child identity as a perpetrator, especially associated with child age, may as well be proven by birth certificate/other valid letters such as diploma, report book, family card and RT, RW. and agility.
20. Investigators are required to undertake a deliberative approach to the restorative justice approach, involving the corrective guidance and related parties within 30 days of the receipt of the report.
21. Investigators may conduct the process of discretion in accordance with the applicable laws.
22. In the event of a child as a suspect in custody, investigators are required to undertake a deliberative effort by way of the longest 20-day restorative justice approach since detention.
23. In terms of agreement, the outcome of the deal is signed by the investigator, the correctional director, the perpetrator, the guardian/guardian/guardian/guardian, public figure, religious figure and teacher.
24. In the event of no agreement, the legal process continued and investigators immediately delegated the case file to the public prosecutor by attaching the outcome of the deal.
25. Investigators do not conduct detention of a 12-year-old child.
26. In case the child can already be criminally liable according to the law, detention can only be done as a final attempt and for the sake of child safety. Investigators may leave the child in a social institution/religious institution/institution or in a special and decent place for the child.
27. Detention as a final attempt, can be carried out against a child committing a criminal offence of 10 years or more criminal charges.
28. If there are no other alternatives so that there must be a restraining order, investigators can conduct city detention or house arrest, or a special place for a child in the HIRING neighborhood, the HIRING branch, or at
www.djpp.depkumham.go.id
a specific place that is separate from adults, after considering the results of the correctional research.
29. Every Polsek, Polres and Polda is required to record the case data of ABH (perpetrators, victims and witnesses) dealt with in their own records on the register book and make the report periodically
The Child As Victim/Witness
1. Investigators received reporting from the victim, the person/guardian or the public. 2. In c became the responsibility of the ministry which organizes government affairs in the social and service areas/social agencies. Such nurturing is carried out in the institution of social welfare recommended by the ministry that organizes government affairs in the social and service affairs/social agencies.
BAB III
OUTLINE HANDLING CHILD FACING LAW A. Police
The duties and authority of the State Police of the Republic of Indonesia in the handling of ABH in accordance with Article 8 of the Joint Decision on the ABH Handling includes: 1. prepar urt and exhaled to the Speaker of the High Court and the Supreme Court.
21. If viewed as necessary for the sake of observation, the judge was able to discuss with the head of the LAPAS on the way of coaching a particular inmate.
The Child As Victim/Witness
1. During waiting for the proceedings, witnesses and or victims wait in
the special room. 2. Examination in court hearings against witnesses or child victims done
with regard to the best interests for the child by not wearing a toga or service outfit.
3. Witness checks and victims are conducted in a closed trial for the public.
4. During the examination process in front of court hearings, witnesses and or victims are entitled to be accompanied by legal counsel and or other chaperones.
5. Witness examination may be as possible in a separate room from the courtroom.
6. In the case of a witness or victim cannot be presented in a trial hearing, witness statements can be given remotely via visual audio communication or recording.
7. During the examination process in front of the court hearing, t 1983, date 18 December 1983).
26. The policy of legal efforts against the judge ' s ruling should pay attention to the best interests for the child.
27. The prosecution sends the news of the event the execution of a court ruling signed by the prosecutor, the head of the penitentiary, and the convict, to the court that cut the matter at first, the bapas, the Hires and the House of Things Storage. The State of the State (Rupbasan).
C. The Court
The duty and authority of the Supreme Court of the Republic of Indonesia in the handling of ABH in accordance with Article 6 of the Joint Decision on the Handling of ABH includes: 1. preparing judges and panitera with interest, ability,
attention and dedication, certified in the field of the child on each state court;
2. preparing facilities and amenities, a waiting room and a child-friendly courtroom, as well as a child ' s witness room on each court gradually;
3. hold regular discussions and training required; 4. publishes Supreme Court Letter/Agung/ Agung/
and set up operational standards of child handling procedure dealing with the law with a restorative justice approach;
5. forming the ABH handling work group; 6. Conduct internal socialization; and 7. Streamline the function of the high court chairman in providing guidance
and oversight of the course of the trial within its jurisdiction.
Executing the task and discretion is being done integrated by the Unit Technical executor of the Court as follows. 1. The judge who sired the case of child offenders ' conduct was carried out by
The child judge. 2. Each state court, high court and the mandatory Supreme Court
have a special register of child-case registers and make periodic reports at least 6 (six) months once.
3. Each state court must have a special judge addressing the matter of the child, appointed by the Chief Justice through the recommendation of the Speaker of the respective State Court.
4. Each court must have a special panitera that deals with child criminal matters, appointed by the Chief Justice.
www.djpp.depkumham.go.id
5. The court maintains a special case of the child by preferring the time schedule of the trial.
6. The child examination time in the trial is no more than 1 (one) hours a day, and it is ushered in to present the child ' s parents, guardians and legal advisors.
The Child As An offender
1. During waiting for the trial, the child as the perpetrator was placed in
the child's special waiting room, and was arrased in the child's special courtroom.
2. A mandatory child trial is attended by parents/parents/parents/family, social guidance and legal advisor.
3. Before the trial was opened, the judge ordered the PK to present the report of the results of the correctional research, and asked for opinions and conclusions about the possibility for deliberative deliberation by way of the restorative justice approach.
4. In terms of the results of the PK study argued that it could be attempted deliberative by the way of the restorative justice approach, then the judge is obliged to conduct a deliberative effort in the mediation room.
5. Deliberations by way of restorative justice approaches are attended by JPU, PK, perpetrators, persons/guardians, legal advisors, victims/guardians, public figures, religious figures, and or other parties as determined by the judge.
6. In terms of agreement, the outcome of the deal is signed by the perpetrators, the guardians, victims/guardians, social guidance, public figures, and or religious figures.
7. After the deliberations were completed, the judge opened the trial in the child's special courtroom and declared a closed hearing to the public, proceeding with the proceedings of the deliberations of the deliberations.
8. In the event of deliberation fails, the judge continues the settlement process by opening the trial in accordance with the provisions of the law.
9. The judge gives parents a chance, guardian or foster parents to express all things that are beneficial to the child.
10. After hearing of the child's parents ' description, the judge asked for an explanation and the opinion of a correctional tutor about everything that was beneficial to the child and the development of the outcome of the deliberations.
11. In its verdict, the judge is required to consider a report of the civil research of PK with regard to the best interests of the child. If they are to be able to present certain experts, such as psychologists, psychiatrists and others.
12. In the event the judge did not consider the report of a correctional research, resulting in the verdict void for law.
13. In the event the judge decides that the child is submitted to the Ministry of Social or Social Services or is required to follow the work exercise, then in the amar ruling the judge must contain the place and time clearly.
14. In the event the judge decides that the child is returned to the parents, the judge's verdict may have additional terms of guidance and supervision under the penitentiary until the 18-year-old is in the court.
www.djpp.depkumham.go.id
15. The application of the court ruling was given to the child offender's child, or legal counsel, JPU, RUTAN/LAPAS, investigator, the Snewsroom (Rupbasan) and the BAPAS immediately after the verdict was pronounced.
16. A copy of the subpoenaed letter was given immediately to the public prosecutor and investigator, HIRING, LAPAS, and BAPAS.
17. The chairman of the court appointed the magistrate's magistrate of the child. 18. The first-degree panitera of the book is recorded in the book
Register of supervision and observation, closed and signed by the panitera at any work day, to be known and signed also by the magistrate wasmat.
19. The magistrate is carrying out the task of supervision and observation of the execution of a court ruling, at least three times a year.
20. The report of the wasmat judge was presented to the Chair of the Con elderly person or guardian who is believed to be a child to accompany the child while giving a statement at the trial.
21. JPU helps facilitate child accessibility to get protection from LPSK.
22. During the prosecution process, witnesses were entitled to information about the development of a case involving her.
23. According to Jampidum Technical Lead Number: B-532/E/l1/1995 dated November 9, 1995, about the Prosecution Against Child Underage is done as follows:-If the defendant of the minors is not held, then JPU
filed The de itate
reintegration and reunification of ABH. 3. Perform a motivational event against ABH before referral to
home. 4. Exercise social advocacy and advocacy for ABH and
its environment. 5. Counseling and socializing. 6. Perform facilitation of the settlement of ABH cases before entry in
the investigation process is coordinated with BAPAS and related parties. 7. Carry out coordination and cooperation with PK in the process
handling of the ABH case. 8. Carrying out consultation, orientation, increased motivation and socialf the child's resistance.
n. In order to carry out the task and function of HIRING may hold cooperation with related government agencies, college, community, family and individual organizations.
o. Every child is periodic health checkups by doctors or other medical personnel.
www.djpp.depkumham.go.id
p. In the case of a sick child, treatment is carried out in hospital or in the clinic of the hungry. If it cannot be handled by a hospital or the LAPAS clinic may be referred to the nearest hospital or hospital.
q. For the sake of law, HIRING is required to issue a prisoner after the expiration or expiration of his incarceration.
3. The Institute of Corrections (LAPAS).
a. In carrying out the duties and functions of the LAPAS are mandatory
the best interests for the child and the restorative justice approach. B. Every correctional child (ANDIKPAS) sent to LAPAS
is required to be accompanied by valid letters from the official (a copy of the verdict/sentence of the verdict) and the BAPAS correctional research.
c. LAPAS children perform ABH acceptance based on valid letters, and are required to reexamine the validity of the letters as follows. -An Introduction letter from another instance of ANDIKPAS. -A restraining order from an authority that authorities detain. -The subpoenaed letter that cut off the war. -Subpoenaed the Court of Justice and Event News
The execution of the Court's ruling from the State Attorney. -The Correctional Research Report (Litmas) BAPAS. -The other letters related to the device.
d. Each LAPAS is required to have a child-specific register book, and other register books correspond to their tasks and functions.
e. Each LAPAS performs a record and registration against ANDIKPAS. Record and registration activities include:-re-examine the validity of the client's letters and identities;-make news of the handover of the client;-record in the child's special register book;-photo shoot;-fingerprint retrieval.
f. Every ANDIKPAS gets a health check by a doctor or another medical power.
g. In the case of a sick child, treatment is carried out in hospital or in the clinic of the hungry. If it cannot be handled by a hospital or a LAPAS clinic may be referred to a nearby heirloom or hospital.
h. Any ANDIKPAS may be placed in the LAPAS nearest to the neighborhood where he lives.
i. In terms of no child ' s LAPAS, the placement or treatment of a child can be done in the adult or youth LAPAS and it is placed separate from the adults.
j. Every ANDIKPAS is required to follow the time of the longest-lasting orientations of the month.
k. The implementation of the ANDIKPAS treatment and education process is based on the process and stage of correctional coaching.
www.djpp.depkumham.go.id
l. The execution of the process and the ANDIKPAS stage of coaching include stage admisi-orientation and preliminary coaching, advanced coaching stage, assimilation stage and integration stage.
m. For the benefit of the treatment and education programs as well as for the best interests of the child, then to each ANDIKPAS is conducted by the correctional research, risk asesment, and child needs.
n. The process of determining ANDIKPAS ' treatment and coaching program is conducted through the mechanism of the Correctional System of Corrections (TPP) LAPAS, as per the terms.
o. For the benefit of the treatment, coaching and best interests for the child, ANDIKPAS may be transferred from one LAPAS Child to another Child ' s LAPAS.
p. LAPAS is required to perform a nine-year education. Q. To support ANDIKPAS ' treatment and coaching process, in any
the LAPAS is mandatory for professional personnel, such as: Medical, paramedic, psychologist, psychiatrist, paedagog, social worker, and more.
r. In order to carry out its tasks and functions, the LAPAS can hold cooperation with families, related government agencies, colleges, civic bodies/organizations, and individuals.
s. For the best interests of the child, if ANDIKPAS is a physical, psychic, mental and social aspect, then the process of treatment can be transferred from the LAPAS child to a social home or social institution of another. which has a specificity in the handling of the child ' s barriers.
t. The implementation of the ANDIKPAS treatment in the LAPAS must be kept away from violence and discrimination.
u. Periodic to the ANDIKPAS is a health check. v. For the benefit of the ANDIKPAS treatment, then LAPAS provides
the special room PK BAPAS. W. LAPAS is required to conduct a TPP hearing to determine the program
treatment of ANDIKPAS and conduct an evaluation of the implementation of the treatment program.
x. LAPAS is obligated to comply with the ANDIKPAS ' rights in accordance with the terms of the perudation.
y. LAPAS is required to issue ANDIKPAS upon completion of serving criminal provisions.
E. The Ministry of Social Affairs
The duty and authority of the Ministry of Social Affairs of the Republic of Indonesia in the handling of ABH in accordance with Article 10 of the Joint Decision on ABH's handling includes: 1. preparing social workers in the ABH social problem service that
has an interest, ability, attention and dedication with a child-diidang certification at the central level up to the area level;
2. facilitate the provision of the Marsudi Putra Social Services, the Children ' s Social Protection Home (RPSA) and trauma center for the child dealing with the law;
3. push and strengthen the family ' s role, society, and social organization or community agencies to care for ABH;
www.djpp.depkumham.go.id
4. developing guidelines or the social rehabilitation and rehabilitation guidelines of ABH;
5. forming the ABH handling work group; and 6. conducting internal socialization.
To carry out the task and the authority is done things as follows. 1. Executing a psychosocial distraction for ABH in the social home:
a. carrying out orientation, consultation, motivation and selection; b. carrying out the assessment and formulation of the service plan; c. carry out the intervention and management of cases that include
psychological social assistance, increased motivation, counseling, psychosocial therapy, and behavioral change, noted and monitoring behavior development;
d. carrying out coaching, institution terminations, and referrals. 2. Carry out outreach, social rehabilitation for ABH, facilchild is given the opportunity to reasonably carry out his daily activities, and a sufficient opportunity to visit, and communicate with his parents or his family and or his legal counsel.
j. Recruitment:-setting up facilities and infrastructure for services, and care
child prisoners;-providing a special room of inquiry and or consulting room for
PK BAPAS and Advocates;-providing and carrying out guidance and legal aid for
child custody. No, In hosting a prisoner ' s service and treatment program,
HIRING is coordinating wit in puskesmas for children in LAPAS/HIRE.
6) Supports health financing efforts for children in LAPAS/BANKRUPTCY through Jamkesmas or Jamkesda.
7) Create a record and reporting on child health services in LAPAS/HIRES.
8) Executing the monitoring and evaluation of child health service programs in LAPAS/HIRING.
d. Puskesmas
1) Conducting the socialization of child services in LAPAS/HIRING in its work area.
2) Health services covering promotional aspects, curative and rehabilitative aspects by referring to the Children ties must secret the identity of the perpetrator to any person who is not in direct interest.
Child as a victim 1) After learning of a criminal offence Child, service
education/school and parents must immediately coordinate to process the child's children/children's cases.
2) With the school, parents immediately report to the authorities/police or at least the nearest village device in the neighborhood about the case on the child.
www.djpp.depkumham.go.id
3) With the school, parents immediately coordinate with the police to ensure legal steps to be taken to protect the victim, not remove the physical evidence that is attached to the victim or outside the physical victims, and determine the legal steps to be taken against the perpetrator.
4) The education/school services with parents and police or the authorities are trying to ensure the adverse impact the victims received, especially against the survival of the child education as a victim.
5) The education/school services are with the family and The police are expected to facilitate the provision of legal counsel, psychologists, social workers as chaperones to restore or alleviate the impact the victims received so that it does not result in further distress/depressive/trauma/trauma/stress. prolonged.
6) For a time while restoring the psychiatric condition of child victims, the education/school service and parents give the child a choice to determine his own choice, not to immediately return to his original activities, e.g. school.
7) The education/school services are with people old or legal advisor or psychologist, companion always chaperone child to restore child psychiatric condition to stable.
8) School of education/school and parent or legal advisor or psychologist, companion must always be With the child at a time when the child is examined/asked for information by the authorities.
9) The education services or legal persons or legal advisors or chaperones or psychologists make sure that the police/examiner ' s treatment has appropriately treated the victim at the time of asking for the caption/perform a check to the child as a victim so that it doesn't get traumatic/depression.
10) The education/school services or parents or authorities are prohibited from notifying the identity of the victim to any person who is not in direct interest.
11) The education/school department and the parent as well as the authorities must The maximum may provide protection to the victim to avoid any worse impact that may have occurred to the victim.
2. Health Care
a. Ministry of Health
The Ministry of Health is responsible for establishing health care policy for the ABH, whether as a perpetrator or victim/witness or to a child who is in LAPAS/HIRE. Those policies include the drafting of the Norma, Standards, Guidelines and Criteria (NSPK) Child Health Services that includes the following.
www.djpp.depkumham.go.id
1) Executing advocacy and socialization about NSPK. 2) Increase the health care capability in delivering
health care. 3) Perform technical facilitation for the provincial health service,
county/city in the health ministry. 4) Executing cross-program coordination with related sectors for
improving health care. 5) Preparing the means and infrastructure in the heirloom and hospital
in order to improve the health service. 6) Provide health costs through Jamkesmas to support
health care services. 7) Executing monitoring and evaluation of service programs
health.
In addition the Ministry of Health is responsible for establishing health care policies for children who are victims of violence, including: a) policies and strategies of violent countermeasures against children; b) public guidelines and guidelines Technical support case service
towards the child. c) standards of health care for victims of violence appropriate
Minimal Service Standards (SPM); d) advocacy and socialization of violent handling programs against
child; e) coaching coach for violent handling facilitators against
child level propinsi; f) technical guidance, supervision, and evaluation; g) research and development; h) activities of Sub-Cluster Task Force Rehabilitation Field Health
in prevention and handling of criminal trafficking offences a person/traficing and sexual exploitation of a child (ESA).
Health services include promotional, preventive, curative and rehabilitative efforts made up of:
a) Basic Health Services, conducted through:-Puskesmas Capable of Tatalaksana Case of Violence against
Child;-Puskesmas who fostered a child in the children ' s LAPAS, CHILD HIRE,
and the child in LAPAS/XX_ENCODE_CASE_ONE adult Hire. b) The Persuasion Health Service, which is in the local hospital area
(RSUD) or integrated service center (PPT) or integrated crisis center (CPC) at the hospital.
b. Provincial Health Service
1) Executing advocacy and socialization of child health coaching programs in LAPAS/HIRES.
2) Improving the ability of healthcare in providing health care for children in LAPAS/HIRES.
3) Conduiting the technical facilitation of the county/city health service in delivering the child health services in LAPAS/HIRE.
www.djpp.depkumham.go.id
4) Perform coordination with cross-program and related sectors to improve child health services in LAPAS/HIRES.
5) Distributed/held health care guidelines for children in LAPAS/XX_ENCODE_CASE_CAPS_LOCK_ON district/city and puskesmas.
6) Supporting the health financing efforts for children in LAPAS/BANKRUPTCY through Jamkesmas or Jamkesda.
7) Share Certain cases where the child does not have a Jamkesmas party card, then local LAPAS/HIRE can be recommended that the child can obtain the necessary health care.
8) Make a record and reporting on the ministry Child health in LAPAS/HIRE.
9) Executing the monitoring and evaluation of child health service programs in LAPAS/HIRES.
c. District Health Services/City
1) Perform the advocacy and socialization of the child health coaching program in LAPAS/HIRE.
2) Supporting efforts to improve health care capabilities in providing health care for children in LAPAS/HIRES.
3) Executing technical facilitation at puskesmas in child health care in LAPAS/HIRES.
4) Perform coordination with cross-program and related sectors to improve child health services in LAPAS/HIRES.
5) Distributed health care guidelineside of class every day.
7) In her status as a prisoner in RECRUITMENT or police, all good parties of education/school, parents, RECRUITMENT or policing must still guarantee the child can carrying as well as books/materials learning into the HIRING or police custody office.
8) If possible, with certain considerations, the school party, the parents, the surrogate/guardian family or the police force are constantly trying to help it to help. to the child not done detention, so the child remains able to run the activities education.
9) The educa iminal case still student status (SD, SLTP, SLTA)?
d. What is the number and type of ABH criminal case that is done with the restorative justice approach? How many things didn't work out? Why?
e. What is the number and type of ABH criminal case devolve to the court? Why?
f. What is the number and type of ABH criminal case that have been stopped by its tail? Why?
g. What is the number and type of ABH criminal cases that pay attention to the BAPAS Correctional Research results? If not, why?
h. What amount and type atic, comprehensive, Continuous, and integrated. To achieve that goal above then the coordination meeting is required at the central, provincial and county level/city level. 1. Coordination At the Central Level
Center-level coordination meeting, held at least 6 months, and facilitated by the Ministry of Women's Empowerment and Child Protection. This coordination meeting is attended by the leadership of the agency/institution or the designated representative of: a. Supreme Court b. Attorney General
www.djpp.depkumham.go.id
c. The headquarters of the Indonesian Police Department. Ministry of Law and Human Rights e. Ministry of Social Affairs. Ministry of Women's Empowerment and Child Protection. Ministry of National Education h. Ministry of Health. The public institution of the child's casting j. Organization of advocates
2. Provincial Coordination
A provincial level coordination meeting is held at least 4 months, and facilitated by the Kanwil Law and Human Rights. Regional coordination meeting attended by the authority of the agency or the deputy appointed from: a) high court of b) District Attorney General) Office of the District of Law and Human Rights (Correctional Division). e) Body/Bureau of Empowerment Women and Child Protection. f) Provincial Social Services. g) The Health Service. h) Education Service. i) the territory office, the related service. (J) The public community of the community. k) Organization advocate.
3. Coordination at the Regency/City Level
Conference of district/city coordination meetings, is held at least 3 months at least, and facilitated by BAPAS.
The district/city level coordination meeting is attended by the leadership of the agency/institution or the designated representative of: a. State court. B. State Attorney. C. Resort Police or City Resort Police. D. BAPAS, HIRE, LAPAS. e. Social Services. f. Women ' s Empowerment Unit and Child Protection at the Regency level
and the City. G. Related service tribe. h. The public society of the child's casting. i. Organization of advocates.
BAB V
MONITORING, EVALUATION AND REPORTING Monitoring and evaluation of ABH handling with restorative justice approaches conducted by the institution/related agencies resulting in data and information that is qualitative and quantitative. The data and information are subject to the composition of the reports that are subsequently brought to be discussed in the Coordination Meeting forum.
www.djpp.depkumham.go.id
A. Police 1. Monitoring
a. What is the number and type of criminal cases ABH (male and female) dealt with?
b. What is the number and type of ABH criminal case still student status (SD, SLTP, SLTA)?
c. What is the number and type of ABH criminal case that is done with the restorative justice approach? How many things didn't work out? Why?
d. What is the number and type of ABH criminal cases sent to the public prosecutor? Why?
e. What is the number and type of ABH criminal case in the submission of a second-stage case file attended by child parents, chaperones, BAPAS officers, and legal advisors? If it doesn't exist, why?
f. How many types and types of criminal ABH cases have been terminated by the publication of the Investigative Stop-Notice)? Why?
g. What is the number and type of ABH criminal case that pre-judicial sued? Why?
h. What is the number and type of ABH criminal case with the results of the BAPAS Litmas? If not, why?
i. What is the number and type of ABH criminal cases that make arrests and or detentions? Why?
j. What is the number and type of ABH criminal case committed suspension of detention? Why?
k. What is the number and type of ABH criminal case accompanied by legal counsel? If not, why?
l. What is the number and type of ABH criminal cases handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?
m. How many sectors of the sector, the resort police, local police and HQ have a special register book of ABH's criminal case? If it doesn't exist, why?
2. Evaluation a. Whether ABH 's handling has complied with the provisions and procedures
laws pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 on the Children' s Court?
b. Has the investigation process been done by considering the best interests of the child?
c. Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?
d. Is it done a field visit to know the progress of the offender resolved with the restorative justice approach?
e. Does ABH's handling of criminal charges have a monthly coordination meeting in the police force by involving ABH networks? If anything, for what case? If not, why?
f. Is there a public complaint service box available? If there is, is there a response from the community? If it doesn't exist, why?
www.djpp.depkumham.go.id
g. Is it in the handling of the ABH case by BAPAS, social worker, child social institution (LSA), legal aid agency (LBH), child protection agency (LPA)? If not, why?
h. Has the investigation been done in a special room that was reserved for it? If not, why?
i. Is it in the process of investigation and or the arrest of any physical/psychic violence? Why?
j. Have the authorities done the task by referring to the principle of professionalism? If not, why?
k. Are there any obstacles or obstacles to the ABH's handling of the means, the infrastructure, the funds and the human resources available?
l. Is the ABH containment process being separated by adults? If not, why?
3. Reporting a. Every Polsek, Polres, Polresta and Polda as well as Barescream makes
a special monthly report of ABH criminal cases (perpetrators, victims, and witnesses). B. Reporting is compiled based on the monitoring and evaluation results
as in items 1 and 2 above. C. The full report was made every 6 (six) months later brought in
in a coordination meeting.
B. DA' s 1. Monitoring
a. What is the number and type of criminal cases ABH (male and female) dealt with?
b. What is the number and type of ABH criminal case in the submission of a second-stage case file attended by child parents, chaperones, BAPAS officers and legal advisors? If it doesn't exist, why?
c. What is the number and type of ABH crorized to conduct detention.
r) The legal counsel is seeking to make the prosecutor general in doing prosecutions consider the best interests for the child.
s) Advisory The law in his defense demands that the judge in his verdict pay attention to the best interests of the child, and consider the research of the BAPAS.
t) As soon as the judge ' s distrauted, legal counsel asked for a verdict extract from the panitera, doubled the document and submitted it to BAPAS, HIRE and LAPAS officers.
u) Legal counsel sought to fulfill the righ /p>
f) Is the treatment of a child in the LAPAS preferred to coaching/education by depanting the fulfillment of child rights and protection, as well as siding with the child?
g) Apakan LAPAS performing discrimination and violence against child?
h) Are LAPAS already available the means and infrastructure necessary for the benefit of children 's treatment in accordance with the growing needs of children' s flowers?
i) Are LAPAS already available the means and complaint mechanisms for ANDIKPAS?
b. Evaluation
That needs to and coaching program in LAPAS?
7) How many and types of criminal cases of ABH (ANDIKPAS) in LAPAS are in demand for the BAPAS PENITENTIARY RESEARCH TO DETERMINE A PROGRAM OF ASSIMILATION IN LAPAS?
8) How many types and types of criminal cases of ABH (ANDIKPAS) in LAPAS are in demand for the BAPAS PENITENTIARY RESEARCH TO DETERMINE THE INTEGRATION PROGRAM OUTSIDE THE LAPAS?
9) How many types and types of criminal cases of ABH are still student status (SD, SLTP, SLTA)?
10) How many types and types of ABH criminal cases are resolved with restorative justice approaches at the police level, the prosecutor ' s office and the court? How many things didn't work out? Why?
11) How many types and types of criminal cases of ABH are sent to the public prosecutor and devolve to the court? Why?
12) How many types and types of criminal cases ABH are in the process of submission of second-stage cases attended by child parents, chaperones, BAPAS officers and legal advisors? If it doesn't exist, why?
13) How many types and types of ABH criminal cases have been terminated by the investigation of the Investigative Pit Stop? Why?
14) How many and types of ABH criminal cases are pre-judicial sued? Why?
15) How many and types of ABH criminal cases are carried out arrests and or detention? Why?
16) How many types and types of criminal cases of ABH are held, extended his detention, diverted, and suspended his detention by investigators, the public prosecutor and the court? Why?
17) How many and types of ABH criminal cases are accompanied by legal advisors? If not, why?
18) How many types and types of ABH criminal cases are handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?
19) How is the BAPAS office and the office of the Law and Human Rights office that has a special register book of the criminal case of ABH? If it doesn't exist, why?
20) How much does ABH ' s societal research request count and how much amount of correctional research has been resolved?
21) How many ABH are outside the LAPAS (assimilation, parole, free leave of absence, penal parole, return to parents, social care) who violate the terms of the BAPAS PENITENTIARY AND SUPERVISION?
22) How many court decisions are on parole?
www.djpp.depkumham.go.id
23) Did the public prosecutor submit it first to BAPAS to obtain guidance and supervision?
24) Is the correctional teacher obeying an obligation to conduct a home visit to know the development of ABH behavior in the community?
25) How many and the types of ABH cases are committing legal violations?
26) How many and the types of ABH criminal cases fail to provide guidance and supervision?
27) Is it in conducting BAPAS supervision and supervision in cooperation with involving the network?
28) Is BAPAS doing coordination with law enforcement apparatus and networks periodically?
b. Evaluation 1) Is the handling of ABH has complied with the provisions and procedures
laws pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 on the Children ' s Court?
2) Is the process of creation of a correctional research already done by considering the best interests of the child?
3) Is the correctional guidance (PK) in carrying out his duties and functions in accordance with Juklak and Juknis PK BAPAS?
4) Are there any obstacles or obstacles to the means, infrastructure, funds and human resources?
5) The extent to which the results of the correctional research are considered by lawmakers, such as police, prosecutors, judges and LAPAS?
6) Which is the success of the guidance and supervision implemented by BAPAS?
7) Does BAPAS have received a conditional penal notice from the Prosecutor to be done for guidance and supervision?
8) Which is the coordination mechanism between BAPAS, police, prosecutor, court, LAPAS, RECRUITMENT and the advocate and related agencies, as well as social organization of social society?
9) Does the BAPAS create periodic reports (monthly, quarterly, semester and annual) about the principal tasks and functions of BAPAS?
10) Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?
11) Is it done a field visit to know of the development of the offender resolved with the restorative justice approach?
12) Is in the handling of criminal case ABH held a monthly coordination meeting at BAPAS by engaging the ABH network? If anything, for what case? If not, why?
13) Is there a public complaint service box available? If there is, is there a response from the community? If it doesn't exist, why?
14) Is BAPAS in the handling of criminal case ABH in cooperation with social workers, child social institutions (LSA), agency
www.djpp.depkumham.go.id
legal assistance (LBH), Child Protection Agency (LPA)? If not, why?
15) Does the apparatus have already performed the task by referring to the principle of professionalism? If not, why?
c. Reporting 1) Each BAPAS makes a special monthly report of the ABH case (perpetrators,
victims, and witnesses). 2) Reporting based on monitoring and evaluation results as
items a and b above. 3) The full report is made every 6 (six) months later brought in
in the Coordination Meeting.
2. "JUVENILE PENITENTIARY." Monitoring
Is the LAPAS carrying out inmate/protég/protégus in accordance with the duties and functions of the LAPAS such as: a) Are the LAPAS carrying out the narapidana/son correctional
protege in accordance with the duties and functions of the LAPAS such as:- Registration inmate/protégge? -Educational conduct? -carrying out coaching/social guidance, kerohanian? -carrying out inmate work guidance.-A protégge? -Organing the management and business of the LAPAS business?
b) Is LAPAS in determining the process of treatment of ANDIKPAS asking for correctional research from PK BAPAS?
c) Is the LAPAS in carrying out the process of treatment of ANDIKPAS as per the process and the corrective stage?
d) Is LAPAS in carrying out the process of treatment of ANDIKPAS on the stage of assimilation and integration asking for the corrective research of PK BAPAS?
e) Are LAPAS children in carrying out the underlying tasks and functions more emphasis on the field of education, training-training, courses that tend to be on debriefing efforts, the addition of science, and not on issues Production? < Hall (BAPAS)
a. Monitoring 1) How many types and types of criminal cases ABH (male and female)
requested for the research of their society by police, prosecutor and trial?
2) How are the types and types of ABH criminal cases whose public research is considered by law enforcement officers in accordance with the advice and recommendations of a correctional supervisor?
3) How many and the types of ABH criminal cases have been given guidance and supervision by BAPAS officers?
4) How many types and types of criminal cases of AB vice have made recapitulation of the report results of all county/city and provincial/central public hospitals and have been sent to the Ministry of Health through the Directorate of Bina Health Children a year once?
c. Reporting 1) Reporting is compiled based on the monitoring and evaluation results
as are the items a and b above. 2) The full report is made every 6 (six) months that will
be carried in the Coordination Meeting. 2. Provincial Health Service and District/City
a. Monitoring of the implementation of the program is condp>G. Ministry/Agency related to the Education field
1. Ministry of National Education. Monitoring
1) Does the provincial Board of Education, county/city have implemented a special national education policy for ABH?
2) Is there a cooperation with the Ministry of Law and Human Rights to provide special education hosting services for ABH, whether in the HIRING of the child and the LAPAS child?
3) Has it been available a general guide on the hosting of special education services for ABH, both on formal and nonformal educational pathways?
4) Is available operational cost assistance for the provision of special education services for ABH, both during the HIRE of the child and in the LAPAS child?
www.djpp.depkumham.go.id
5) Does the support means/infrastructure of education appropriate to the needs of education services for ABH that is held in the LAPAS/CHILD hire?
b. Evaluation 1) Is the national policy already in accordance with the needs of the services
special education for ABH? 2) Are the general guidelines on hosting the services
special education for ABH already workable? 3) Do the assistance of operational costs for the provision of services
special education for ABH is good in HIRING of the child and in the LAPAS the child is already in accordance with the need?
4) Is the support of the educational means/infrastructure sufficient and in accordance with the need for the hosting of education services for ABH that is held in the LAPAS/CHILD hire?
5) Is there already an additional issue of facilitation of legal education and human rights in extracurriculars?
c. Reporting 1) Reporting is compiled based on the monitoring and evaluation results
as are the items a and b above. 2) The full report is made every 6 (six) months that will
be brought in the Coordination Meeting.
2. Provincial and District Education/City. a. Monitoring
1) Is the education/infrastructure required LAPAS/CHILD hire in order of the education services ABH is already available? If it doesn't exist, why?
2) How many regular teachers/teaching workers are competent/qualified in the LAPAS/CHILD-hire? If not, why?
3) What is the teaching/learning for ABH in LAPAS/HIRING or outside is already available? If not, why?
4) Whether after learning/receiving reports there is a protege suspected of being a criminal offender, immediately coordination with the family side, educational institution or parent concerned? If not, why?
5) Is there any coordination with the authorities that are juridically conducting detention? If not, why?
6) Has already attempted the best exit so that the survival of the child's education may proceed/does not stop? If not, why?
7) Is there a facilitation for a child who is already assigned a suspect and is undergoing detention to stay in education, both in the LAPAS/RECRUITING environment and in the school of origin?
8) Is the information related to the investigation and execution of ABH detention has been provided?
9) Is the identity of the perpetrator being kept secret from any party that is not in direct interest?
www.djpp.depkumham.go.id
b. Evaluation 1) Is there a LAPAS/XX_ENCODE_CASE_CAPS_LOCK_ON hiring partnership with AGENCY
other related to ABH handling to evaluate the holding of learning for the ABH in the LAPAS/CHILD hire or outside? If not, why?
2) Is there a LAPAS/HIRING partnership with parents and the public to facilitate a child return in a regular education unit outside of LAPAS/CHILD hire after the end of the execution of actions that ABH is living? If not, why?
3) Whether there is LAPAS/HIRING with a companion/psychological/social worker who is tasked with providing good assistance during ABH undergoing legal/action sanctions in LAPAS/HIJ/HIRES? If not, why?
4) Is there any support for providing educational expenses for ABH, whether through the provincial APBD /kabupaten/city or APBN? If not, why?
5) Is there a cooperation of the Education Service with parents, LAPAS/HIRE in providing the side for the return of children to the post-serving post-sanctioned family/ABH action? If not, why?
c. Reporting 1) Each provincial and county educational Service/city makes
special monthly report of ABH cases (perpetrators, victims, and witnesses). 2) Reporting is compiled based on the monitoring and evaluation results
as are the items a and b above. 3) The full report is made every 6 (six) months later
brought in a coordination meeting. H. Ministry/Agency related to Health field
1. Ministry of Health. Monitoring
1) Is Norma, Standard, Guidelines and Criteria (NSPK) about Child Health Services in LAPAS/HIRING has been implemented?
2) Has been given technical facilitation for the provincial and county Health Service/city in the health service?
3) Has been implemented coordination with cross-program and related sectors to improve health care.
4) Are the means and infrastructure in the puskesmas and hospitals in order to improve health care already Available?
5) Is Jamkesmas having supported health care for ABH?
b. Evaluation 1) Is the Puskesmas Development Guidelines Capable of Tatalaksana
The Case of Violence against Women and Children has been implemented in the health care service for ABH?
2) Whether Early Detection Guidelines, Reporting and Persuasion Cases Of Violence And Child's Use for Health Power have been implemented in health care for ABH?
www.djpp.depkumham.go.id
3) Does the Violent Case Against Child Abuse Guidelines for Health Officers have been executed in health care for the ABH?
4) Did the Children ' s Health Service Guidelines in LAPAS/HIRE have been in compliance with the needs required by ABH?
5) Are technical guidelines related to child health services, whether teen reproductive health, HIV-AIDS and NAPZA are also in effect for ABH?
6) Is Puskesmas Capable of Tatalaksana The Case of Violence against Child also serving health care for ABH?
7) Is Puskesmas who fostered the child ' s LAPAS, child recruitment, and child in LAPAS/ADULTHOOD has been carrying out its duties?
8) Is the RSUD or PPT/CCP in the hospital having provided a referral health service for ABH?
9) Has it been done logging and reporting that can be used in determining policies in improving the child health coaching program in LAPAS/HIRING?
10) Does the provincial Health Ser and social rehabilitation of the child have been able to provide protection to ABH?
3. Reporting a. Each orphanage or LPKSA and Social Services makes a monthly report
special case ABH (perpetrator, victim, and witness). B. Reporting based on the monitoring and evaluation results as items
1 and 2 above. C. The full report is made every 6 (six) months that will be brought
in the Coordination Meeting.
F. Ministry of Women ' s Empowerment and Child Protection
1. Monitoring Conduct monitoring the implementation of ucted 2 times a year, respectively, i.e. at the provincial, district/city level, and the library that includes aspects of management and technical services.
b. Evaluation evaluations are held once a year, in a single level, i.e. at the central, provincial, county/city level, and puskesmas
c. Reporting 1) Search and reporting using the format available at
puskesmas, next every 3 (three) months reported to the county/city Health Service.
2) The county/city Health Service makes recaliptulation of reports belonging to puskesmas and hospitals in its work area, further sent to the Provincial Health Service every 6 (six) months
3) Provincial Health Service created The recapitulation of reports from all county/city and provincial/central public hospitals and subsequently sent to the Ministry of Health through the Bina Directorate of Child Health a year once.
www.djpp.depkumham.go.id
I. Institutions/Organizations related to Legal Assistance 1. Monitoring
a. What is the number and type of criminal cases ABH (male and female) dealt with?
b. What is the number and type of criminal cases of ABH (male and female) required for legal assistance by the police, the prosecutor and the court?
c. What is the number and type of criminal ABH cases that are being cut off by considering the defense?
d. What is the number and type of ABH criminal case still student status (SD, SLTP, SLTA)?
e. What is the number and type of ABH criminal case solved with restorative justice approaches at the police level, the prosecutor ' s office and the court? How many things didn't work out? Why?
f. What is the number and type of ABH criminal case in the submission of a second-stage case file attended by child parents, chaperones, BAPAS officers and legal advisors? If it doesn't exist, why?
g. What is the number and type of ABH criminal matter that the investigation has to do with the Investigative Pit Stop-Notice? Why?
h. What is the number and type of ABH criminal case that pre-judicial sued? Why?
i. What is the number and type of ABH criminal cases that make arrests and or detentions? Why?
j. How many and the types of criminal ABH cases held in custody, extended his detention, diverted and suspended his detention by investigators, the public prosecutor and the court? Why?
k. What is the number and type of ABH criminal cases handled in the manner of cooperation with other agencies/agencies? Name the institution and why doesn't the other matter be done with cooperation?
l. What is the number of ABH that the legal advisor has facilitated to resolve its role with the restorative justice approach?
m. Does legal counsel comply with the obligation to conduct a home visit to know the development of ABH behavior in the community?
n. Is there a public complaint service box available for the implementation of ABH handling?
o. Is it in the conduct of distraction and surveillance, legal counsel in cooperation with the network?
p. Is the legal advisor coordinating with law enforcement agencies and networks on a regular basis?
2. Evaluation a. Whether in ABH 's handling has complied with the provisions and procedures
laws pursuant to Law No. 23 of 2002 on Child Protection and Law Number 3 of 1997 about the Children' s Court?
b. Is it in the process of making the defense done by considering the best interests of the child?
www.djpp.depkumham.go.id
c. Are there any obstacles or barriers to the means, infrastructure, funds and human resources?
d. The extent to which the defense is considered by lawmakers, such as police, prosecutors, judges and LAPAS?
e. Since which is the coordination mechanism between legal counsel, police, prosecutor, court, LAPAS, RECRUITMENT and BAPAS as well as other related agencies and social organizations of social society?
f. Does the legal advisor make periodic reports (monthly, quarterly, semester and annual)?
g. Is there a constraint in carrying out ABH handling with restorative justice approaches? Explain?
h. Is it done a field visit to know the progress of the offender resolved with the restorative justice approach?
i. Is it a monthly co-ordination meeting at legal aid agencies or an advocate organization by engaging ABH networks? If anything, for what case? If not, why?
j. Have the authorities done the task by referring to the principle of professionalism? If not, why?
3. Reporting a. Any legal advisory office that deals with the criminal case of ABH
makes a special monthly report of ABH cases (perpetrators, victims, and witnesses).
b. Reporting based on the monitoring and evaluation results as items 1 and 2 above.
c. The full report is made every 6 (six) months once, then brought in the Coordination Meeting.
BAB VI
CLOSURE In order to meet the best interests for the child, this ABH Handling General Guidelines are compiled as an attempt to equalize The perception of law enforcement apparatus, the institutions are related to the efforts of the ABH handling with the restorative justice approach. In the operational landscape the law enforcement apparatus has a very strategic role in the handling of ABH with the restorative justice approach, despite the participation and support of the public, in order for ABH handling to run effective and efficient. The general guidelines of the ABH handling are intended as a reference to APH, agencies and related agencies governing the outline of ABH's handling of the handling of the perpetrators, victims and witnesses of felon in an attempt to provide special protection against ABH Since the investigation, prosecution and examination in front of the court and the execution of the court ruling. Operational technical matters that are not yet set in this General Guidelines will be set up later in the operational standard procedures of each Ministry/associated Ministry.
www.djpp.depkumham.go.id
Expected the General Guidelines of Child Accomplishment with this Law may be used as consideration, motivation and passion for law enforcement apparatus, the associated agencies in carrying out protection and fulfillment ABH rights with regard to non-discrimination principles, best interests for children, survival and growing outgrowth and appreciation of child opinion.
May God Almighty bestow his gifts and his hydars. To us all. Amin.
Specified in Jakarta on 19 October 2010 MINISTER OF STATE FOR WOMEN ' S EMPOWERMENT AND CHILD PROTECTION OF THE REPUBLIC OF INDONESIA,
LINDA AMALIA SARI
www.djpp.depkumham.go.id