Act No. 2 By 2013

Original Language Title: Undang-Undang Nomor 2 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e34ed78709c4a313231323330.html

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Back COUNTRY GAZETTE EXTRA RI No. 5395 of LOCAL GOVERNMENT. Region. The establishment. Mahakam Ulu Regency. The Province Of East Kalimantan. (State Gazette of the Republic of explanation for Indonesia by 2013 the number 20)

EXPLANATION for the law of the Republic of INDONESIA number 2 by 2013 on the ESTABLISHMENT of DISTRICT MAHAKAM ULU in EAST KALIMANTAN PROVINCE I.  GENERAL East Kalimantan province has an area of approximately 129,066.64 km2 which consists of 6 (six) counties and three cities, with a population in the year 2011 amounted to approximately 3,424,210 inhabitants, need to spur an increase in the Organization of the Government in the framework of the unitary State of the Republic of Indonesia reinforces.

West Kutai Regency which has an area of ± 35,696.59 km2dengan population by 2012 amounted to 172,235 inhabitants consists of 21 (twenty one) districts and 238 (two hundred and thirty-eight) villages. The County has the potential that can be developed to support the improvement of the Organization of the Government.

With an area of, geographical location, the limited development budget tersentuhnya or not, especially in the border region and the hinterland. One of the efforts in organizing the area directly adjacent to other countries that are prone to conduct illegal logging, human trafficking, smuggling illicit drugs and the annexation of the territory.

Regency Mahakam Ulu as a viable solution in order to optimize the public service because it can shorten the control range (span of control) Government, resulting in more efficient and effective in line with the principles of good governance (good governance) in order to accelerate the realization of community welfare, strengthen the competitiveness of the region and strengthen the integrity of the unitary State of the Republic of Indonesia (SO) in the border region with other countries/neighbor.

Further having regard to the aspirations of the community who poured in: a. a decision of the House of representatives of the regional West Kutai Regency number: 23 2009 1 May 2009 about Election Financing Help Support Regional Head First to the prospective District Mahakam Ulu;
b. the decision of the House of representatives of the regional West Kutai Regency number: 24 in 2009 may 1, 2009 on the aid Fund for the construction of County Locations Mahakam Ulu;
c. the decision of the House of representatives of the regional West Kutai Regency: Number 27 of 2009 may 1, 2009 on the operational Funds To Help Support the candidate Counties Mahakam Ulu in order to support the smooth conduct of the Government, the implementation of reconstruction and Development;
d. decisions of the House of representatives of the regional West Kutai Regency number: 28A of 2009 on May 15, 2009 on Approval against the release of the Town became a District Candidate Coverage Mahakam Ulu in East Kalimantan province;
e. decision of the House of representatives of the regional West Kutai Regency number: 38A in 2009 July 25, 2009 on approval of the choice of location of the capital District Candidate Mahakam Ulu;
f. the decision of the House of representatives of the regional West Kutai Regency number: 11 in 2010 March 4, 2010 about the location and the name of the capital District Candidate Mahakam Ulu East Kalimantan province;
g. Decisions of representatives of the regional West Kutai Regency in 2010 12th number: 4 March 2010 about support Moving Some Personnel to potential Mahakam Ulu Regency of East Kalimantan province;
h. the decision of the House of representatives of the regional West Kutai Regency number: 13 in 2010 March 4, 2010 about support give up some Assets to potential Regency Regency Mahakam Ulu East Kalimantan province;
i. decision of the Regent of Kutai Barat number: 136/k. 457/2009 June 1, 2009 about the release of Incoming Subdistrict Counties Mahakam Ulu;
j. West Kutai Regent Decree number: 972/k. 461/2009 June 1, 2009 on His Allotment Allocation funds (Financing) early development District Mahakam Ulu for 2 (two) years;
k. West Kutai Regent Decree number: 135.5/k. 1009/2009 dated December 10, 2009 on the recommendation of the establishment Candidate District Mahakam Ulu East Kalimantan province;
b.  West Kutai Regent Decree number: 135.8/k. 1011/2009 dated December 10, 2009 about the location and the name of the capital District Candidate Mahakam Ulu East Kalimantan province;
d. decisions of the Regent of Kutai Barat number: 466.275.135/k. 185/2010 dated on March 3, 2010 about Election Financing Help Support Approval of the head of the region to prospective first-time District Mahakam Ulu;
n. West Kutai Regent Decree number: 820.135/k. 187/2010 dated on March 3, 2010 about the transfer of the portion of Personnel Support to the prospective Mahakam Ulu Regency of East Kalimantan province;
o. decisions of the Regent of Kutai Barat number: 032.135/k. 189/2010 dated on March 3, 2010 about support the surrender of a portion of the assets of the local Government of West Kutai Regency To District Candidates Mahakam Ulu East Kalimantan province;
p. West Kutai Regent Decree number: 135.7/k. 1069/2011 December 6, 2011 about the changes to the decision of West Kutai Regent 135.5/K Number 1009/2009 on the recommendation of the establishment Candidate Mahakam Ulu Regency of East Kalimantan province;
q. the West Kutai Regent Decree number: 135.8/k. 1081/2011 December 6, 2011 about the changes to the decision of West Kutai Regent 135.8/k. Number 1011/2009 on the location and the name of the capital District Candidate Mahakam Ulu East Kalimantan province;
r. West Kutai Regent Decree number: 136/k. 1079/2011 December 6, 2011 about the changes to the decision of the Regent of Kutai Barat Number 136/k. 457/2009 on the release of A Subdistrict District Administratively Mahakam Ulu;
s. West Kutai Regent Decree number: 466.270/k. 1073/2011 December 6, 2011 about the changes to the decision of the Regent of Kutai Barat Number 466.275.135/k. 185/2010 about Election Financing Help Support Approval of the head of the region to prospective first-time District Mahakam Ulu;
t. West Kutai Regent Decree number: 820.800/k. 1077/2011 December 6, 2011 about the changes to the decision of the Regent of Kutai Barat Number 820.135/k. 187/2010 about support Moving Some Personnel to potential Mahakam Ulu Regency of East Kalimantan province;
the U.S. decision was the Regent of Kutai Barat number: 972.135/k. 1071/2011 December 6, 2011 about the changes to the decision of the Regent of Kutai Barat Number 967/k. 461/2009 on the granting of Funds Allocation Ability (Financing) early development District Mahakam Ulu for 2 (two) years;
v. decisions of the Regent of Kutai Barat number: 137.032/k. 1075/2011 December 6, 2011 about the changes to the decision of the Regent of Kutai Barat Number 032.135/k. 189/2010 about support the surrender of a portion of the assets of the local Government of West Kutai Regency to District Candidates Mahakam Ulu East Kalimantan province;
d. decisions of the Regent of Kutai Barat number: 137.023/k. 1067/2011 December 6, 2011 about the handover of the facilities and infrastructure of offices to prospective Mahakam Ulu Regency of East Kalimantan province;
x. Decisions of the regional people's representative Council of East Kalimantan province number: 08 of 2010 may 24, 2010 about the approval of the establishment of a Regency Mahakam Ulu Results expansion of the territory of West Kutai Regency of East Kalimantan province;
y. the decision of the regional people's representative Council of East Kalimantan province number: 8. A in 2010 may 24, 2010 on approval of location and the name of the county seat of Mahakam Ulu Result expansion of the territory of West Kutai Regency of East Kalimantan province;
z. Decision of representatives of East Kalimantan Provinces number: 8. B in 2010 may 24, 2010 about the approval of the release of the incoming Subdistrict Counties Mahakam Ulu Results expansion of the territory of West Kutai Regency of East Kalimantan province;
AA. The decision of the regional people's representative Council of East Kalimantan province number: 8. C in 2010 may 24, 2010 about Election Financing Help Support Regional Head and Deputy Head of the first Regional District Mahakam Ulu Result expansion of the territory of West Kutai Regency of East Kalimantan province;
BB. The decision of the regional people's representative Council of East Kalimantan province number: 8. D in 2010 may 24, 2010 about the location of the District development funds Support Mahakam Ulu Result expansion of the territory of West Kutai Regency of East Kalimantan province;
CC. The decision of the regional people's representative Council of East Kalimantan province number: 8. E in 2010 may 24, 2010 about support of operational Funds in order to support the smooth conduct of the Government, the implementation of development and the empowerment of the community District Mahakam Ulu Results expansion of the territory of West Kutai Regency of East Kalimantan province;
DD. The decision of the regional people's representative Council of East Kalimantan province number: 8. F in 2010 may 24, 2010 about the approval of the release of a portion of the assets in the form of Office Facility to the County of Mahakam Ulu Results expansion of the territory of West Kutai Regency of East Kalimantan province;
EE. The decision of the regional people's representative Council of East Kalimantan province number: 8. G in 2010 may 24, 2010 about the approval of the transfer of a portion of personnel to the District of Mahakam Ulu Results expansion of the territory of West Kutai Regency of East Kalimantan province; and ff.  The decision of the Governor of East Kalimantan number: 912/k. 306/2010 dated 4 June 2010 about the approval of the establishment of a Regency Mahakam Ulu expansion of West Kutai Regency, East Kalimantan province.

Based on this, has done a thorough and in-depth study regarding the feasibility of the establishment of the region and concludes that the need was formed County Mahakam Ulu.


Regency Mahakam Ulu is the expansion of West Kutai Regency comprises five districts, namely Long Apari Subdistrict, District Long Pahangai, District Long Bagun, district and Sub-district, Laham Long Hyphen. Mahakam Ulu Regency has an area of whole ± 15,315 km2 with a population of approximately 27,923 souls in 2012 and consists of 49 (forty-nine) villages. Mahakam Ulu district directly adjacent to the Sarawak State of Malaysia to the North, Kutai Kartanegara Regency in the East, West Kutai Regency to the South, and the provinces of West Kalimantan and Central Kalimantan province on the West.

In geostrategis, district of Ulu Mahakam is open gates to Malaysia (Sarawak). The Regency is located at Ulu Mahakam strategic position so as to develop the national power to deal with and overcome all obstacles and distractions, either from outside or from inside, which directly or indirectly endangering intergritas, identity, the survival of the nation and the country and achieve the goals of the national struggle in support of the success of the Government's principal task for the welfare of all walks of life especially in the border areas and the outback.

In geopolitics, district of Ulu Mahakam is located in the West of the province of East Kalimantan and the bordering Country Malaysia (Sarawak), potential for maintaining the sovereignty and dignity of the State Union of Republic of Indonesia who termanifestasikan in motion and follow all walks of life in the territory of the County of Mahakam Ulu especially in border areas with Malaysia. However the current objective conditions is just the opposite, where the people living in border areas are slowly starting to reduced vigor nasionalismenya. This is due to economic factors, where the border area is largely countryside and left behind, untouched by hustle pikuknya development (because of the vastness of the span of control of the Central Government of West Kutai Regency), while in the other there are opportunities and conditions of bid interest from neighbouring countries (silent anexation attempts) that notabenenya can improve the quality of life of the community that exists at the border. Some kampung/village of Naha Tivab, Long Apari and surrounding areas have much that Hijra, initially to work on plantations and the company decided to remain in Malaysia.

One of the important factors determining the feasibility of increased status as the region's economic potential is. The border region has a great potential to be developed, both the potential of natural resources and trade. The economic potential of the area of the District of Mahakam Ulu scattered with variations such as the plantation sector, in the form of rubber, palm oil, cocoa, coffee, and rattan. Forestry sector in the form of wood, swallow's nest, agarwood. The agricultural sector in between rice paddies and fields of society. Farm sectors such as pork, beef, fish kramba and mining sector in the form of coal, gold, iron, uranium, petroleum, minerals c. in sector trade districts Mahakam is located at a strategic position of Ulu to interregional trade activities such as trading with New Regency Mahak Malinau, Sarawak (Malaysia) as well as with the village of Puruq Cahuq, Topus Murung Raya Regency in the province of Central Kalimantan.

Mahakam Ulu district prioritize development in districts Long Apari and Sub Long Pahangai as the leading home a unitary State of the Republic of Indonesia and opened a line connecting antarkecamatan road transport and hometown to Malaysia (Sarawak). Mahakam Ulu Regency Government in the period 5 to 10 years the first committed to not building mansions for Government facilities except for the benefit of the construction of hospitals and public meeting hall (poured in a political contract), as well as focusing on opening the isolation of the region particularly road infrastructure between Kecamatan Long Bagun – Subdistrict Long Pahangai all 155 km Long Pahangai sub district and Subdistrict towards Long Apari along 98 km.

With the formation of the County of Mahakam Ulu as autonomous region of East Kalimantan province, the Government is obliged to assist and facilitate the establishment of institutional Representatives of the regional and other regions that efficiently and effectively in accordance with needs and capabilities, as well as assist and facilitate the transfer of personnel, transfer of assets and documents for the purpose of organizing local governance in order to improve public services and accelerate the attainment of community welfare in the Mahakam Ulu.

In carrying out autonomous region, district of Ulu Mahakam need to conduct various economic improvement efforts, preparation of infrastructure governance, empowerment, and the improvement of human resources, as well as the management of natural resources in accordance with the legislation.
II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear.
Article 2 is quite clear.
Article 3 paragraph (1) letter a of the village village in the Sub-district of coverage Long Bagun is a specified Batoq Village, village Long Bagun Ulu Ilir Long Bagun, village, villages, the village of Majang Ujoh Stone Said, the village of Long Melaham, village Mamahak, Village Mamahak Ulu Ilir, Pillars of peace Village, the village, and the village Hurai Long Long red.
Letter b of the village village in the Sub-district of coverage Long Hyphen is the village of Long Hyphen, village Datah Said Ulu, the village of Datah Said Ilir, Lutan Village, village Matalibaq, village Pariq, village of Wana Tri Pariq Makmur, village Mamahak, village Sirau Teboq, and the village of Datah Said Recently.
The letter c of the village village in the Sub-district coverage Laham Gelawang Long is a village, the village, the village of Muara Paroy Danum Ratah Laham, a village, and Nyaribungan Village.
Letter d of the village village in the Sub-district of coverage of Long Apari is a village of Long Apari, village Tivab, village of Naha Noha Silat, village Tiong Bu ’ u, the village of Naha Buan, village Kerioq, village Tiong Long Ohang, village of Long Penaneh I, Penaneh II, Long Village and the village of Long Penaneh III.
The letter e of the village village in the Sub-district of coverage Long Pahangai is Village Krohong, village Delang Long Pakaq, Long Lunuk Village, the village, the village of Datah Ubing Lirung Naha, the village of Long Isun, village Aruq, village of Naha Long Pahangai I, Long Pahangai II Village, village Mulang, village of Liu Long Tuyoq Village, Long Lunuk, Long Pakaq New Village.
Subsection (2) is quite clear.
Article 4 referred to the territory of West Kutai Regency after the formation of the County includes the Mahakam Ulu is a subdistrict (Kecamatan) of Long Iram, sub-district, sub-district Couple Barong Tongkok, Kecamatan Muara Lawa, Subdistrict, subdistrict of Muara Pahu Jempang, district, sub-district, sub-district Bongan Subdistrict Bentian Besar, Penyinggahan, Kecamatan Linggang Bigung, Nyuatan Subdistrict, district, sub-district Ngurai Siluq Manor Bulatn, district, Subdistrict and Tering Sekolaq land.
Article 5 paragraph (1) is quite clear.
Paragraph (2) Attachment map coverage areas depicted on a scale of 1:100,000.

The definition of related parties consent is consent in the form of a signature West Kutai Regent, head of the regional people's representative Council West Kutai Regency, Regent North Kalimantan Malinau, Regent Gloomy Kingdom province of Central Kalimantan, as well as the Regent of Kapuas Hulu West Kalimantan province which borders the area of coverage of the new autonomous region on a map published body of Geospatial Information (BIG).
Paragraph (3) is quite clear.
Article 6 paragraph (1) is quite clear.
Paragraph (2) in the framework of the development of the county especially to Ulu Mahakam planning and organization of the Government, the implementation of construction and community service in the future, as well as the development of infrastructure, development and civic Government, required the existence of a unity of development planning. For that Spatial plans of Counties should be compiled in Ulu Mahakam harmonious and integrated with Spatial Plan area of national, provincial, and district/city.
Article 7 is quite clear.
Article 8 is quite clear.
Article 9 inauguration of the district and the appointment of the acting Regent Mahakam Ulu can be done simultaneously and its implementation can be carried out in the capital city, the provincial capital, or capital city of the district.
Article 10 paragraph (1) is quite clear.
Paragraph (2) the acting Regent Mahakam Ulu proposed by Governor of East Kalimantan with consideration of the Regent of Kutai Barat.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) is quite clear.
Subsection (6) is quite clear.
Article 11 the costs of the implementation of the election of the Regent and Vice Regent of Mahakam or Ulu for the first time comes from a grant Budget income and Expenditure the Government area of West Kutai Regency and aid Fund Budget revenue and Shopping area of East Kalimantan province.
Article 12 is quite clear.
Chapter 13 is quite clear.
Article 14 paragraph (1) is quite clear.
Subsection (2) is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) in order to achieve effectiveness and results to the Organization of Government, the implementation of development and civic services, use employees, land, office buildings, and equipment, as well as the public service has been in existence for this task in the implementation of the Government of West Kutai Regency in Regency Mahakam Ulu.

In the framework of orderly administration, necessary legal action in the form of delivery of personnel, assets, and documents from the Government of West Kutai Regency to District Government Mahakam Ulu.

Owned enterprises (BUMD) area of West Kutai Regency based, activities, and its location in the Regency of Mahakam Ulu submitted by the Government of West Kutai Regency to District Government Mahakam Ulu.

In terms of Area owned enterprises (BUMD) that its operational activities include services/parent district and new Regency, the local authorities concerned do work the same.


Debts receivable that its use is utilized for District Mahakam Ulu submitted by the Government of West Kutai Regency to District Government Mahakam Ulu.

With regard to the handover arrangements, created a list of inventory.
Subsection (6) is quite clear.
Paragraph (7) surrender of assets and documents done in accordance with the legislation.
Subsection (8) is quite clear.
Subsection (9) is quite clear.
Article 15 paragraph (1) is quite clear.
Subsection (2) is quite clear.
Paragraph (3) the funds transfer to be done to improve the people's welfare and to optimize public services and not used only for development and/or procurement of infrastructure in between Office, Home Office, and service vehicles.
Article 16 paragraph (1) is a grant in this provision is the grant of an amount of money which the magnitude is based on the decision of the Regent of Kutai Barat number: 972.135.7/k. 181/2012 29 February 2012 and the decision of the House of representatives of the regional West Kutai Regency number: 170/A/17. DPRD-KB/III/2012 March 8, 2012, as well as for the implementation of the election of the Regent and Vice Regent of Mahakam Ulu first in accordance with the decision of the Regent of Kutai Barat Number : 466.270/k. 1073/2011 6 December 2011 and the decision of the House of representatives of the regional West Kutai Regency number: 56. A year 2011 November 30, 2011.
Subsection (2) does provide relief funds in this provision is the grant amount is based on the decision of the Governor of East Kalimantan number: 912/k. 19/2012 dates January 11, 2012 and the decision of the regional people's representative Council of East Kalimantan province number 08. D in 2010 and 08. E in 2010 may 24, 2010.
Paragraph (3) is quite clear.
Subsection (4) a reduction in equalization funds appropriate reception mechanisms provided for in the regulation of the Minister of finance regarding the allocation of fund-cutting Ordinance and public funds for the parent area/province of results that do not meet the obligations of grants/funding aid to the new autonomous region.
Subsection (5) a reduction in equalization funds appropriate reception mechanisms provided for in the regulation of the Minister of finance regarding the allocation of fund-cutting Ordinance and public funds for the parent area/province of results that do not meet the obligations of grants/funding aid to the new autonomous region.
Subsection (6) is quite clear.
Paragraph (7) is quite clear.
Article 17 is clear enough.
Article 18 is quite clear.
Article 19 is quite clear.
Article 20 is quite clear.
Clause 21 is quite clear.
Section 22 is quite clear.
Article 23 is quite clear.
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