Chapter I — General Provisions

Article 1  Purpose

This Policy is established to:

• Provide a safe, confidential, and accessible reporting channel for any person with knowledge of suspected violations of applicable law, ethics, or A R K’s internal policies.
• Protect whistleblowers from all forms of retaliation, discrimination, or threats.
• Foster a culture of transparency, integrity, and accountability within A R K.
• Ensure that every report is followed up professionally, fairly, and on time.

Article2 Scope

This Policy applies to:

• All A R K personnel (as defined in Article 17 of this Policy).
• Third parties (partners, contractors, consultants, volunteers, interns) working with A R K.
• Members of the general public and beneficiaries who wish to report suspected violations related to A R K.

Article3 Guiding Principles

The principles underpinning this Policy are:

• Good Faith: Reporting must be based on a reasonable belief that a violation has occurred or may occur, and not motivated by personal interests (grudges, competition, etc.).
• Whistleblower Protection: Reporters shall not suffer negative consequences as a result of their report, even if the investigation finds the allegation unsubstantiated, provided the reporter acted in good faith.
• Confidentiality: The identity of the reporter must be protected unless required by law or the reporter provides written consent.
• Legal Certainty: Every report will be processed through a clear and accountable mechanism.
• Accessibility: Reporting channels must be accessible to persons with disabilities and other vulnerable groups.

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Chapter II — Reportable Violations

Article4 Types of Violations

This Policy covers the reporting of suspected violations, including:

• Corruption, fraud, or misuse of A R K funds/assets.
• Violations of A R K’s Code of Ethics (e.g., discrimination, harassment, conflict of interest).
• Violations of the Safeguarding Policy (violence, exploitation, harassment, neglect).
• Violations of the Anti-Discrimination and Gedsi Policy.
• Violations of applicable legislation (Sexual Violence Crime Law, Disability Law, Child Protection Law, etc.).
• Attempts to obstruct or impede internal investigation processes.
• Retaliatory actions against good-faith whistleblowers.

Article5  Reports Not Actioned

A R K will not act on reports that:

• Are clearly defamatory or motivated by bad faith (may be subject to sanctions).
• Do not contain minimum identifiable information (fully anonymous with no facts whatsoever).
• Constitute personal dissatisfaction unrelated to ethical or legal violations (e.g., dislike of management style).

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Chapter III — Reporting Mechanism

Article6  Reporting Channels

Complaints may be submitted via:

• Dedicated email: a r k.inklusi@gmail.com (managed by the Complaints Management Officer appointed by the Executive Director).
• Physical complaints box: available at A R K’s office, opened every working day.
• Direct channel: to the Complaints Management Officer (CMO), contactable via telephone/WhatsApp number announced internally.
• Alternative channel: to the Chairperson of the Foundation’s Supervisory Board or an external party (e.g., legal aid organization, law enforcement) if the reporter feels the internal channel lacks independence.

Article7 How to Report

• Reports may be submitted in writing (letter, email, form) or verbally (phone, in-person meeting).
• Anonymous reporting is permitted. For anonymous reports, the reporter is encouraged to provide sufficient information for verification (e.g., case number, chronology, evidence).

Reports should ideally include:

• Reporter’s identity (if not anonymous).
• Chronology of events (time, place, parties involved).
• Nature of the suspected violation.
• Supporting evidence (if available: photographs, recordings, documents, witnesses).

The CMO is required to record every report in a secure complaint register assigned a unique number.

Article8  Acknowledgement of Receipt

• For non-anonymous reporters, the CMO is required to send an acknowledgment of receipt within 3 working days.
• The acknowledgment shall include the report’s registration number and an estimated timeline for the investigation process.

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Chapter IV — Investigation and Case Management

Article 9 Investigation Team

• Every incoming report will be assessed by the CMO within 3 working days to determine whether it falls within the scope of this Policy.
• If eligible, the A R K Executive Director shall constitute a Special Investigation Team comprising a minimum of 3 persons: 1 from the Board, 1 from among the staff (without a conflict of interest), and 1 independent party (where necessary).
• Cases involving suspected serious violations must involve an external party (investigation consultants, legal aid organizations, or law enforcement).
• The Investigation Team must possess investigation competencies, uphold human rights and Gedsi principles, and maintain confidentiality.

Article 10  Investigation Process

• Timeliness: Investigations for minor cases are targeted for completion within 14 working days; complex cases within 30 working days.
• Fairness: The respondent has the right to provide clarification and to be accompanied. The reporter also has the right to submit additional information.
• Confidentiality: Only the Investigation Team and the Executive Director shall know the identities of the reporter and respondent, unless findings are disclosed on a limited basis.
• Non-Retaliation: During the investigation process, the reporter may not be reassigned, dismissed, or intimidated.

Article 11  Investigation Outcomes

Investigation outcomes shall take the form of a written report containing:

• Conclusion: substantiated or unsubstantiated.
• If substantiated, sanction recommendations according to severity (minor, moderate, serious) in reference to ARK’s PKO and related policies.
• Recommendations for systemic improvement (if procedural weaknesses are identified).

The report is submitted to the A R K Executive Director, who is required to issue a decision within 7 working days of receiving the final report.

Article 12  Follow-Up

• If substantiated, the Executive Director shall apply the recommended sanctions (reprimand, suspension, dismissal, referral to law enforcement).
• Non-anonymous reporters will be notified of the outcome of the investigation (without disclosing the respondent’s identity in detail unless necessary).
• A R K is required to document the entire process for audit purposes.

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Chapter V — Whistleblower Protection

Article 13  Protection From Retaliation

• A R K guarantees that no person will suffer retaliatory action as a result of good-faith reporting.
• Retaliation includes, but is not limited to: dismissal, demotion, salary reduction, discrimination, intimidation, ostracism, excessive workload, or physical threats.
• Any form of retaliation constitutes a serious violation and will result in maximum sanctions (including dismissal of the retaliating party).

Article 14  Confidentiality Of Identity

• The reporter’s identity must be protected by the CMO, the Investigation Team, and the Executive Director. It may only be disclosed if the reporter gives written consent, or if required by law (e.g., court order).
• Breaching reporter confidentiality is subject to serious sanctions.

Article 15  Protection For Reporters Whose Reports Are Unsubstantiated

If an investigation concludes that a report is unsubstantiated, a reporter who acted in good faith shall not be subject to any sanctions. However, if the reporter is found to have deliberately made a false report (defamation), the reporter may be sanctioned in accordance with the PKO.

Article 16  Support Services

Reporters experiencing psychological distress as a result of the reporting process are entitled to counseling services facilitated by A R K.

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Chapter VI — Definitions

Article 17  Definition Of A R K Personnel

“ARK personnel” in this Policy refers to all parties with a formal or functional relationship with Yayasan Amerta Reksa Kayana, including:

• Foundation Board members (Founders, Executive Board, Supervisory Board).
• Permanent and contract staff (full-time and part-time).
• Interns and volunteers.
• Consultants and working partners executing tasks on behalf of ARK.
• Third parties officially representing A R K.

Article 18  Operational Definitions

• Whistleblower (Reporter): A person who reports suspected violations based on good faith and reasonable belief.
• Retaliation: Any action that harms the reporter as a consequence of their report.
• Good Faith: Reporting motivated by honesty and a genuine belief that the information provided is accurate, and not intended for personal gain or to harm another.
• Complaints Management Officer (CMO): An officer appointed by the ARK Executive Director to receive, record, and manage whistleblowing reports. The CMO must demonstrate integrity and have no conflicts of interest.
• Anonymous Report: A report that does not identify the reporter. ARK will follow up if the information provided is sufficiently clear and verifiable.

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Chapter VII – Review and Validity

Article 19  Review

This Policy shall be reviewed every two years or at any time based on implementation evaluation or changes in laws and regulations.

Article 20  Validity

This Policy is effective from the date of enactment.

Established in: JAKARTA
Date: 1 January 2023.