Regional Regulation Number 5 In 2012

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bdb24065a0b20b313634353431.html

þÿ REGULATION REGION of EAST KALIMANTAN PROVINCE number 5 in 2012 on the ESTABLISHMENT of LOCAL REGULATIONS with the GRACE of GOD ALMIGHTY the GOVERNOR of East KALIMANTAN, Considering: a. that is the applicable local laws and regulations in the area formed in the framework of the Organization of the autonomous areas and tasks pembantuan, accommodate special conditions as well as areas further elaboration of legislation higher; b. that the establishment of local regulations must be accounted for in the material and procedural with attention to the aspirations of a growing community through a democratic process; c. that based on considerations as referred to in letter a and letter b, need to set local regulations on the establishment of Regional Regulations; Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 25 of 1956 on the establishment of the autonomous regions of the province of West Kalimantan, South Kalimantan, and East Kalimantan (Indonesia Republic Gazette in 1956 Number 65, additional sheets of the Republic of Indonesia Number 1122); 3. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as it has several times changed with Act No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);

-2-with the approval of the REGIONAL HOUSE of REPRESENTATIVES Along EAST KALIMANTAN PROVINCE and EAST KALIMANTAN GOVERNOR DECIDED: setting: LOCAL REGULATIONS on the ESTABLISHMENT of LOCAL REGULATIONS. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. Area is East Kalimantan province. 2. Local governance is conducting the Affairs of Government by local governments and the REPRESENTATIVES according to the principle of autonomy and pembantuan with the principle of autonomy in the system and the existence of the principle of the unitary State of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 3. The Governor is the Governor of East Kalimantan. 4. Representatives of the areas that the next PARLIAMENT is an abbreviated representation of areas of East Kalimantan province as an organizer of local governance. 5. The secretariat of the Regional Secretariat of the area is the province of East Kalimantan. 6. The Regional Secretary is Secretary of the region of East Kalimantan province. 7. The secretariat of the House of representatives in the next PARLIAMENT Secretariat abbreviated Area is the Secretariat of the Regional people's representative Council of East Kalimantan province. 8. The body of Legislation which further shortened Balegda Area is fittings of representatives Area of East Kalimantan province that is fixed and is in charge of running the function of legislation dealing with planning, research and evaluation, formation and implementation of local regulations. 9. The regional unit of the device Work hereinafter abbreviated SEGWAY is a unit of work device area the Government of East Kalimantan province. 10. The law firm is a law firm of the regional secretariat of the province of East Kalimantan. 11. Local regulations hereinafter abbreviated Perda is legislation formed by PARLIAMENT with the approval of the joint Governor of East Kalimantan. 12. Establishment of Perda is the process of making local regulations which essentially starts from the planning, preparation, technical drafting, formulation, discussion, setting/endorsement and dissemination.

-3-13. Regional Legislation program hereinafter abbreviated planning instrument is the Prolegda program is the establishment of local regulations drafted are directional, well-planned, integrated and systematic way. 14. Academic Manuscript is a manuscript or research studies on legal and other research results to a specific problem which can be justified scientifically about these issues in the draft settings Supercede the province as solutions to the problems and needs of the legal community. 15. the Enactment of law area is product placement in Sheet Sheet, additional Areas of the region, or regional news. 16. Clarification is the study and assessment of the head of the Regional Regulations and Perda to know weather or not conflicting with the public interest and/or regulations. 17. Evaluation is an assessment and assessment of the draft Regulations and draft Perda Head Area to find out whether or not conflicting with the public interest and/or laws-the invitation. 18. The regional Sheets are sheets of the region of East Kalimantan province. 19. Regulation of the Governor is the rule set by the Governor as a guide the implementation of local regulations. 20. The role of the community is community involvement in the establishment of local regulations. CHAPTER II BASIC FORMATION and MATERIAL CHARGES article 2 (1) the basic formation formed based on Perda laws-invitation. (2) the principle of the establishment referred to in subsection (1) include the following: a. the clarity of purpose; b. institutional or organ-forming the right; c. conformity between the type and material of the charge; d. can be implemented; e. the navigability and kehasilgunaan; f. clarity of formulation; and g. openness. Article 3 (1) the material must contain basic Perda Charge: a. auspices; b. humanitarian; c. nationality; d. family; e. kenusantaraan;

-4-f. bhinneka tunggal ika; g. Justice; h. in common position in law and Government; i. order and legal certainty; and j. harmony, balance, and harmony. (2) in addition to the basis referred to in paragraph (1), certain basic can contain Supercede other areas of law in compliance with Laws-the invitation in question. Article 4 (1) the material charge charge material is a whole Change in order: a. organizing regional autonomy and pembantuan; b. accommodate special conditions region; c. discussion of further legislation which is higher; and d. the aspirations of the Community area. (2) Change as mentioned on paragraph (1) is contrary to the public interest and/or regulations. CHAPTER III STAGE of FORMATION and PREPARATION TECHNIQUE is considered part of the Stages of the formation of PERDA Perda article 5 (1) formation of Perda implemented through several stages. (2) the stages referred to in subsection (1) include the following: a. the planning; b. drafting; c. discussion; d. assignment/endorsement; e. enactment; and f. deployment. The second part of engineering Drafting Perda article 6 (1) the preparation of draft Change done in accordance with the techniques of drafting legislation.

-5-(2) the provisions concerning: a. the form and procedures for Charging Prolegda listed in Annex I; b. Academic Manuscript Preparation technique of Perda listed in annex II; and c. the form listed in Appendix III of the Change, which is part an integral part of this Change. CHAPTER IV PREPARATION of the PROLEGDA Part One General article 7 (1) the preparation of the Prolegda implemented by local governments and LEGISLATORS. (2) preparation of Prolegda as mentioned in subsection (1) on the basis of: a. command higher legislation; b. regional development plans; c. Organization of the autonomous region and the task pembantuan; and d. the aspirations of the Community area. The second part Prolegda in the environment of the local government article 8 (1) the Governor ordered the Prolegda compiled a SEGWAY in the leadership environment of local governments. (2) Prolegda set for a period of 1 (one) years based on the priority scale of the formation of the design Change. (3) the preparation and determination of Prolegda done every year before the determination of Draft BUDGETS of Perda Province. Article 9 (1) the preparation of the Prolegda in the environment of local government is coordinated by the law firm. (2) the preparation of the Prolegda referred to in paragraph (1) may include instances of vertically related. (3) vertical related Agencies as referred to in paragraph (2) included include in accordance with: a. the authority; b. material charges; or c. the needs in the settings. (4) the results of the arrangement Prolegda referred to in paragraph (1) be filed by the law firm to the Governor through Secretary.


-6-article 10 the Governor delivered the results of the preparation Prolegda in the environment of local Government to the Balegda through the leadership of the PARLIAMENT. The third section Prolegda of LEGISLATIVE Environment in article 11 (1) Balegda compiled a Prolegda in an environment of DPRD. (2) Prolegda set for a period of 1 (one) years based on the priority scale of the formation of the design Change. (3) the preparation and determination of Prolegda done every year before the determination of Draft BUDGETS of Perda Province. Article 12 (1) the preparation of the Prolegda between the local governments and coordinated by the REGIONAL PARLIAMENT through Balegda. (2) the results of the preparation of the Prolegda between the local governments and the REPRESENTATIVES referred to in paragraph (1) agreed to become prolegda and specified in the plenary meeting of the PARLIAMENT. (3) Prolegda as referred to in paragraph (2) are defined by decision of PARLIAMENT. The fourth part of the cumulative Open Prolegda Article 13 (1) in Prolegda in the environment of local governments and LEGISLATORS can be loaded the cumulative open list consisting of: a. the result of the ruling of the Supreme Court; b. GRANT; c. cancellation or clarification from the Minister of the Interior; and d. the orders from higher legislation after Prolegda is set. (2) under certain circumstances, PARLIAMENT or Governor may submit the draft Perda outside Prolegda: a. to cope with exceptional circumstances, conflict, or natural disasters; b. due to cooperation with other parties; and c. other circumstances that ensure there is urgency over a draft that could Change approved jointly by Balegda and the law firm.

-7-part five Drafting Perda clause 14 preparation of Perda done based on Prolegda. Chapter V PREPARATION OF DRAFT Preparation Preparation is considered part of PERDA Supercede local government Environment in Article 15 the Governor told the leadership of the SEGWAY drafting Change based on Prolegda. Article 16 (1) the direction of SEGWAY drafting Perda as stipulated in article 15 of the academic manuscript accompanied and/or explanation or description which contains the subject matter of thoughts and material charge which is set. (2) design of Perda as mentioned on paragraph (1) proposed to the law firm. Article 17 of the draft in terms of Perda regarding: a. BUDGETS; b. revocation of Perda; or c. a Perda change is limited to changing some of the material; only accompanied by an explanation or description referred to in article 16 paragraph (1). Article 18 (1) of the draft manuscript accompanied Perda academic as stipulated in article 16 paragraph (1) has been through assessment and alignment, the comprising: a. background and purpose the arrangement; b. goals will be realized; c. the principal mind, scope, or object to be arranged; and d. the range and direction settings. (2) the academic Manuscript as mentioned in subsection (1), with the systematic as follows: 1. The heading 8-2. Foreword 3. Table of contents consisting of: a. Chapter i: Introduction b. Chapter II: a review of theoretical and empirical practice c. Chapter III: evaluation and related legislation analyst d. CHAPTER IV: the cornerstone of philosophical, sociological and juridical e. Chapter V: the range, setting the direction and scope of the charge material Perda f. CH. VI: Closing 4. Bibliography 5. Annex Draft Perda, if needed. Article 19 (1) of the draft Perda originating from the Governor coordinated by the law firm to pengharmonisasian, rounding, and establishment of the conception. (2) Pengharmonisasian, rounding, and establishment of the conception referred to in subsection (1) may include a vertical agencies of the Ministry that organizes the Affairs of Government in the field of law. Article 20 (1) the Governor formed a team drafting the draft Perda. (2) the composition of the membership of the team referred to in subsection (1) consists of: a. Responsible: Governor b. Trustees: Chairman Secretary: Chief of SEGWAY initiator drafting 3-d. Secretary: the head of the law firm; e. members: SEGWAY-related needs (3) Teams as referred to in paragraph (1) established by decision of the Governor. Article 21 the Chairman reported on developments in the design team of Perda and/or issues to the Secretary. Section 22 (1) of the draft that has been discussed Perda should get paraf coordination from the head of the law firm and Chairman of SEGWAY.

-9-(2) the Chairman or designated officer SEGWAY proposing a Perda has got paraf coordination as referred to in paragraph (1) to the Governor through Secretary. Article 23 (1) the Secretary may make changes and/or refinements to the Design against a Perda has diparaf the coordination referred to in Article 10 paragraph (2). (2) changes and/or refinements to the Design Change as mentioned on paragraph (1) is returned to the leadership of the initiator of the SEGWAY. (3) the results of the refinement of the draft Perda as mentioned on paragraph (2) is submitted to the Secretary after paraf coordination by the head of the law firm as well as the leadership of the SEGWAY. (4) the Secretary delivered a Draft Perda referred to in paragraph (3) to the Governor. Article 24 the Governor delivered a Draft Perda as stipulated in article 11 paragraph (4) to the leadership of the PARLIAMENT to do the discussion. Article 25 (1) the Governor formed a team assisting the discussion Draft Perda as stipulated in article 24. (2) assisting Team referred to in subsection (1), chaired by the Secretary or an officer appointed by the Governor. The second part of the preparation of the Drafting of LEGISLATIVE Environment at Perda Article 26 (1) of the draft Perda originating from PARLIAMENT may be submitted by members of the PARLIAMENT, the Commission, the Joint Commission, or Balegda. (2) design of Perda as mentioned on paragraph (1) is communicated in writing to the Chairman of PARLIAMENT accompanied the academic texts and/or explanation or description which contains the subject matter of thoughts and material charge which is set, a list of the names and signatures of proposers, and given the number of principal by the DPRD Secretariat.

-10-article 27 the provisions referred to in article 17 and article 18 are applicable mutatis mutandis towards preparation of the drafting of LEGISLATIVE environments Change. Article 28 (1) of the draft Perda as stipulated in article 26 paragraph (1) compiled by members of the PARLIAMENT, the Commission, the Joint Commission, or Balegda delivered to the leadership of the PARLIAMENT. (2) the leadership of the PARLIAMENT delivered a Draft Perda referred in paragraph (1) to the Balegda to do the study. (3) the assessments referred to in subsection (2) is performed for pengharmonisasian, rounding and establishment of the conception of the design Change. Article 29 (1) the DPRD Chairman conveyed the results of the study of Perda as stipulated in article 29 paragraph (2) in the plenary meeting of the PARLIAMENT. (2) the leadership of the PARLIAMENT delivered a Draft Perda referred in paragraph (1) to all members of PARLIAMENT no later than 7 (seven) days prior to the plenary meeting of the PARLIAMENT. (3) in the plenary meeting of the REPRESENTATIVES referred to in subsection (2): a. proposers offer an explanation; b. other LEGISLATORS and members of the faction giving the view; and c. the proposers to provide answers to the views of other members and factions of PARLIAMENT. (4) the DPRD Plenary Meeting decided the proposal Draft Perda as mentioned on paragraph (3), be either: a. approval; b. approval by the alteration; or c. a rejection. (5) in case of approval with the alteration referred to in subsection (4) letter b, head of DPRD Commission, commissioned a joint Commission, Balegda, or Special Committee to fine-tune the draft of such Change. (6) the refinement of the draft Perda as mentioned on paragraph (5) was delivered to the leadership of the PARLIAMENT. Article 30 of the draft which had been prepared by Perda DPRD delivered with the letter of Chairman of PARLIAMENT to the Governor to do the discussion.

Article 31-11-When in one period the Governor and LEGISLATORS delivered a Draft Perda on same material, then discussed the draft Perda delivered by PARLIAMENT, whereas the draft Perda delivered by the Governor are used as ingredients for the dipersandingkan. CHAPTER VI DISCUSSION SUPERCEDE Article 32 (1) of the draft Perda originating from LEGISLATORS or the Governor discussed by LEGISLATORS and the Governor for approval. (2) the discussion referred to in subsection (1), carried out through two (2) levels of the talks, that the talks the talk of level I and level II. Article 33 Talks level I as stipulated in article 32 paragraph (2) includes the following: a. in the event that the Governor is derived from Perda Design is done by: 1. the plenary meetings in the Governor's explanation regarding the design of Perda; 2. General view of the fraction against which Perda; and 3. response and/or answer the Governor against the common view of the faction. b. in the event that the draft PARLIAMENT derived from Perda is done by: 1. the explanation of the leadership of the Commission, the leadership of the Joint Commission, the leadership of the Balegda, or the leadership of the Special Committee in plenary meetings concerning the design of Perda; 2. the opinion of the Governor against a draft of Perda; and 3. response and/or reply faction against the opinion of the Governor. c. the discussion in the meeting of the Commission, the Joint Commission, or the Special Committee conducted along with Governors or officials who are appointed to represent him. Article 34 the talk of level II as referred to in article 32 paragraph (2) includes the following: a. decision making in plenary meeting which was preceded by: 1. submission of the report of the Chairman of the Commission/Commission joint Chairman/Chairman for Special Committee containing the results of the discussion and the faction's opinion referred to in Article 33 the letter c; and


-12-2. request approval from the Member orally by the Chairman of the House plenary meeting. b. the final opinion of the Governor. Article 35 (1) in the case of approval as referred to in article 34 a number 2 can not be achieved in the deliberations to consensus, decisions are taken on the basis of the most votes. (2) in the event that the draft does not Supercede shared between the approval of the Governor and LEGISLATORS, the draft should not Supercede filed again in the trial of LEGISLATIVE time. Article 36 (1) of the draft Perda irrevocably before discussed together by LEGISLATORS and the Governor. (2) the withdrawal of the draft Perda as mentioned on paragraph (1) by the Governor, delivered in a letter the Governor accompanied reasons of withdrawal. (3) the recall of Draft Change as mentioned on paragraph (1) by the DPRD, performed with the decision of the leadership of the PARLIAMENT with the reason of withdrawal. Article 37 (1) of the draft being discussed only Perda irrevocably upon mutual agreement of PARLIAMENT and the Governor. (2) the withdrawal of the draft Perda as mentioned on paragraph (1) can only be made in the plenary meeting of the PARLIAMENT attended by the Governor. (3) Draft a Perda withdrawn could not be asked again during the same session. Article 38 (1) of the draft Perda approved jointly by PARLIAMENT and the Governor submitted by PARLIAMENT to the Governor for a set to be a Perda. (2) submission of Draft Change referred to in subsection (1) is carried out for a period of at least 7 (seven) days counted from the date of approval of the joint.

-13-Article 39 (1) the Governor sets out Draft Perda as stipulated in article 38 paragraph (1) with appended his signature at the latest 30 (thirty) days since the Drafts Perda approved jointly by LEGISLATORS and the Governor. (2) in the event that the Governor did not sign the draft Perda referred to in paragraph (1), the design of the legitimate Perda became mandatory and Perda enacted in the piece. (3) Draft Perda as mentioned on paragraph (2), was declared invalid by the sentence then reads: Perda was declared valid. (4) the phrase which reads an endorsement referred to in subsection (3) must be affixed on the last page of the manuscript before enactment Perda Perda into sheet area. (5) a Change relating to BUDGETS, local tax, a levy on the area, and spatial area before promulgation in the piece area should be evaluated by the Minister in accordance with the provisions of laws-invitation. CHAPTER VII ENDORSEMENT, NUMBERING, AUTHENTICATION CREDENTIALS, and the ENACTMENT of article 40 (1) signing of Perda done by Governor (2) signing of Perda referred to in subsection (1) is made in paragraph 4 (four). (3) documentation of original Perda as mentioned on paragraph (1) by: a. b. the DPRD Secretary; c. the law firm be minute; and d. the proponent SEGWAY. Article 41 (1) Change, enacted in the piece. (2) the regional Sheets referred to in subsection (2) is the official publication of the Government of the region. (3) an Enactment referred to in subsection (3) is a formal notification of a Change, so that the connective power has on the community. (4) Change that has been enacted as referred to in subsection (1) is submitted to the Minister to do the clarification of compliance with the provisions of legislation.

-14-article 42 (1) of the additional sheets of the region contains the explanation of the Change. (2) an additional sheet of the area referred to in subsection (1) are listed additional number of sheets area. (3) an additional sheet of the area referred to in subsection (2), established in conjunction with the enactment Perda. (4) the number of additional sheets of the area referred to in subsection (1) is the completeness and explanation of sheets area. CHAPTER VIII DISSEMINATION of article 43 (1) Dissemination carried out by REGIONAL and local governments since the preparation of the Prolegda, the preparation of the draft, the draft discussion Supercede Perda, until the Enactment Perda. (2) Dissemination as referred to in subsection (1) is conducted to provide information and/or obtain the input of the community and stakeholders. Article 44 (1) deployment of Prolegda is done jointly by the PARLIAMENT and local governments are coordinated by Balegda. (2) Deployment Draft Perda originating from PARLIAMENT is exercised by the DPRD fittings. (3) Deployment Draft Perda originating from the Governor exercised by the Secretary. Article 45 the dissemination of Perda which has been enacted in the Area of the sheet is done jointly by the PARLIAMENT and local governments. Article 46 a Perda Script must be disseminated copies of the manuscript has been diautentifikasi and enacted in the Area, additional Sheets Sheet area, and regional news.

-15-CHAPTER IX PUBLIC PARTICIPATION Article 47 (1) the community has the right to give feedback verbally and/or written in the formation of Perda (2) Input verbally and/or in writing referred to in subsection (1) may be made through: a. public hearing; b. working visits; c. socialization; and/or d. seminars, workshops, and/or discussion. (3) the community as referred to in subsection (1) is an individual person or group of people that have an interest over the substance of the draft Perda (4) to facilitate the public to give feedback verbally and/or in writing referred to in subsection (1), every Design Change should be easily accessible by the public. CHAPTER X the FINANCING of article 48 (1) Financing the formation of Perda charged on a GRANT. (2) the financing as referred to in paragraph (1) should be budgeted each year through the post budget SEGWAY/the Secretariat and the Secretariat of the Regional PARLIAMENT. (3) the financing as referred to in paragraph (1) covers the process of planning, drafting, discussion, assignment/endorsement, enactment, dissemination, and implementation of local regulations. CHAPTER XI miscellaneous PROVISIONS Article 49 (1) writing of perda typed using Bookman Old Style typeface with font 12. (2) Change as mentioned on paragraph (1) was printed in the paper that are marked special. (3) paper marked specifically as referred to in paragraph (2) with the following conditions: a. the use of serial numbers and/or letters, which are placed on the rear left side of the page the bottom; and b. using the F4 size paper white. (4) the serial number and/or letter as referred to in paragraph (3) are defined by the law firm.

-16-Article 50 (1) at any stage of the formation of Perda, include designer of the legislation. (2) in addition to the designer of the regulations referred to in subsection (1), the stage of formation of Perda, include researchers and experts. CHAPTER XII CLOSING PROVISIONS Article 51 of the regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece area of East Kalimantan province. Set in Samarinda on May 21, 2012 GOVERNOR of East KALIMANTAN, ttd DR AWANG FAROEK ISHAK h. Enacted in Samarinda on May 21, 2012 SECRETARY of EAST KALIMANTAN PROVINCE, ttd Dr. h. IRIANTO LAMBRIE SHEET AREAS of EAST KALIMANTAN PROVINCE in 2012 NUMBER is 5.06. A copy of its original REGIONAL SECRETARIAT in accordance with the Prov. KALTIM LEGAL BUREAU CHIEF, h. SUROTO, SH BUILDER level I NIP. 19620527 198503 1 006