Presidential Regulation Number 49 In 2012

Original Language Title: Peraturan Presiden Nomor 49 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f263af1a0891e313231393135.html

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Back COUNTRY SHEET Republic of INDONESIA No. 111, 2012 PRESIDENT REPUBLIC of INDONESIA REGULATION NUMBER 49 in 2012 of the CLERK and the SECRETARIAT GENERAL of the CONSTITUTIONAL COURT with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 8 of Act No. 24 of 2003 on the Constitutional Court as amended by Act No. 8 of 2011, the need to establish Rules about the President and Registrar of the General Secretariat of the Constitutional Court;
Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 24 of 2003 on the Constitutional Court (State Gazette of the Republic of Indonesia Number 98 in 2003, an additional Sheet of the Republic of Indonesia Number 4316) as amended by Act No. 8 of 2011 (Gazette of the Republic of Indonesia number 70 in 2011, an additional Sheet of the Republic of Indonesia Number 5226);
Decide: define: PRESIDENTIAL REGULATION ABOUT the CLERK and the SECRETARIAT GENERAL of the CONSTITUTIONAL COURT.

CHAPTER I article 1 POSITION (1) to assist in the execution of the duties and powers of the Constitutional Court formed a Kepanitera's and the Secretariat General.
(2) the clerk and the Secretariat-General is a State apparatus in carrying out tasks and functions are under and is responsible to the head of the Constitutional Court.
CHAPTER II is considered part of the CLERK'S duties, functions, and powers of article 2 (1) the Clerk's Office is a functional technical judicial administrative duties of the Constitutional Court.
(2) technical judicial administrative Tasks as referred to in subsection (1) include the following: a. coordinating the technical implementation of the judiciary in the Constitutional Court;

b. construction and implementation of administrative matters;

c. the construction technical services activities of the judiciary in the Constitutional Court; and d. implementation of other tasks given by the Chairman of the Constitutional Court in accordance with the field of duty.
(3) the functions of the Registrar conducts the administrative judiciary technical tasks as referred to in paragraph (2).
(4) in carrying out the duties and functions referred to in subsection (2) and paragraph (3), the Registrar has the authority: a. the appeal meets keleng-when or has not met the completeness;
b. publish the certificate stated that the per-mohonan is not registered in the registration Book of the Constitutional Matters;
c. publish the registration Cancellation Certificate Permo-honan 1938: and inform the applicant is accompanied by a per-file return mohonan;
d. set the day first trial within 14 (fourteen) days of work since the application is recorded in the Registration Book of the constitutional Lawsuit and trial schedules;
e. specify the assignment of substitute clerk in the service of case and set a trial officer in the service of the proceedings;
f. give consideration of appointment, transfer and dismissal of the assessment, the Registrar and the Registrar's replacement.
The second part of the organization Article 3 (1) the clerk is coordinated by a Registrar.
(2) the Registrar is assisted by 2 (two) Young Clerks, four (4) the Registrar of the replacement level I, and 12 (twelve) persons the Registrar Substitutes level II.
(3) the Registrar, the clerk of the young, clerk of the Replacement Level I and level II Successor Registrar referred to in subsection (1) is the Office of the Registrar of non-onal function figure the credit.
The third Line, Promotion, Appointment, and Termination article 4 Level the rank to the Registrar, the clerk of the young, clerk of the Replacement Level I and level II is the Successor of the clerk as listed in the annex to this regulation of the President.

Article 5 (1) the Registrar, the clerk of the young, clerk of the surrogate Surrogate Registrar of level I and level II who had been fulfilling requirements can be given higher level promotion, if: a. it has at least four (4) years in rank; and b. each element of assessment work achievement in 2 (two) last year at least affordable.
(2) promotion referred to in paragraph (1) is given in accordance with the limits of a hierarchy of ranks in the post occupied.
Article 6 (1) the Registrar is appointed and dismissed by the President upon the proposal of the Chairman of the Constitutional Court.
(2) the clerk of a young, clerk of the surrogate, the surrogate Registrar level I level II, and other functional officials are appointed and dismissed by the Secretary-General's discretion the Registrar.
Article 7 (1) to be elevated to the Clerk, the clerk candidates should meet the following requirements: a. suitably law degree;

b. pass the competency test;

c. experience in field clerk;

d. has the lowest rank of the Main constructor of the Young space IV/c; and e. meets the requirements prescribed by the regulations.
(2) to be appointed clerk of the young, the young Clerk candidates should meet the following requirements: a. suitably law degree;

b. pass the competency test;

c. experience in field clerk;

d. has the lowest rank of the builders of the level I class room IV/b; and e. meets the requirements prescribed by the regulations.
(3) to be appointed clerk of the Replacement level I, level I Substitute Clerk candidates should meet the following requirements: a. suitably law degree;

b. pass the competency test;

c. experience in field clerk;

d. has the lowest rank of the builders of the space IV/a; and e. meets the requirements prescribed by the regulations.
(4) to be appointed clerk of the Replacement level II, level II Replacement Clerk candidates should meet the following requirements: a. suitably law degree;

b. pass the competency test;

c. experience in field clerk;

d. has the lowest rank of the Stylist spaces III/c; and e. meets the requirements prescribed by the regulations.
Article 8 in the environs of the Clerk's Office of other functional can be removed in accordance with the legislation.

The fourth part of article 9 retirement age Limits (1) the age limit pension Office Clerk functional is 56 (fifty-six) years.
(2) the retirement age limit the Registrar and clerk of the young can be extended up to the age of sixty (60) years taking into account the aspects of the work achievement, competence, cadre recruitment, and kese-hatan.
(3) the extension of the age limit pension referred to in subsection (2), carried out for a period of not longer than 2 (two) years and can be extended back to the time of not longer than 2 (two) years.
Article 10 (1) extension of the age limit pension Clerk as — which referred to in article 9 paragraph (3) are defined by the President upon the proposal of the Chairman of the Constitutional Court.
(2) the extension of the retirement age limit of Young law clerks referred to in article 9 paragraph (3) are defined by the Secretary-General over the pertimbang-an clerk of the Constitutional Court.
CHAPTER III is considered part of the GENERAL SECRETARIAT of the duties, functions, and powers of article 11 (1) the Secretariat-General of the technical administrative tasks of the Constitutional Court.
(2) Technical administrative tasks as referred to in subsection (1) include the following: a. coordinating the implementation of the administrative secretariat of the environment in General and the clerk;

b. the preparation of plans and administrative technical support program;

c. implementation of the cooperation with the community and the relationship between the institutions;

d. implementation support on-site activities of the Council; and e. implementation of other tasks given by the Chairman of the Constitutional Court in accordance with the field of duty.
(3) In carrying out its tasks as referred to in paragraph (2), the Secretariat General will host-kan function: a. planning, analysis and evaluation, supervision of public administration and the administration of Justice, as well as structuring organizations and governance;

b. financial management and human resource development;

c. management of the archival and expeditions, kerumahtanggaan, as well as State-owned goods;

d. implementation of public relations and cooperation, the efforts of the leadership and protocols, as well as secretarial clerk;

e. research and studies on the matter, the management of libraries, as well as the management of information and communication technologies; and f. Civics and the Constitution.
(4) in carrying out the duties and functions referred to in subsection (2) and paragraph (3), the Secretariat-General has the authority to: a. setting the strategic plan, work programme and budget of the Constitutional Court;

b. specify the procedures for the management of organization and governance work, human resources, finance, as well as State-owned goods;

c. signed an agreement of cooperation; and d. establish regulations, decisions and policy rules.
The second part of the organization Article 12 (1) the Secretariat-General headed by a Secretary General.

(2) the General Secretariat consists of at most 5 (five) Bureau.

(3) each Bureau consists of at most four (4) parts.

(4) each Part consists of at most three (3) Subsections.

Article 13 (1) of the General Secretariat was established in the neighborhood 2 (two).
(2) the Centre as referred to in paragraph (1) melaksa-nakan the functions of research and studies on the matter, the management of information and communication technology, as well as civics and the Constitution.
(3) Research Center and Study the matter, Manager-an information technology Communication consists of at most 2 (two) fields and one (1) Subsections. (4) the Constitution and Pancasila Education Center composed of at most 2 (two) fields and one (1) part.

(5) each field is composed of at most two Subfields.

(6) section consists of at most 2 (two) Subsections.

The third Line, adoption, and Termination clause 14 (1) Secretary General is structural Echelon I.a.


(2) the Bureau Chief and head of the Centre is a structural position Echelon II a.

(3) the head of the section and the head of the structural position is Echelon III a.

(4) Subsections Head and head of the Subfields are structural position of Echelon IV a.

Article 15 (1) Secretary General is appointed and dismissed by the President upon the proposal of the Chairman of the Constitutional Court.
(2) officials of the Echelon Echelon II, III, IV, and Echelon officials of other functional environment of the Secretariat-General is appointed and dismissed by the General Secretary.
Article 16 In the General Secretariat of the environment can be lifted other functional Office in accordance with the legislation.

CHAPTER IV CONSTRUCTION STAFFING article 17 employees in the Clerk's environment and the Secretariat-General is a civil servant.

Article 18 the Secretary General is the Official Staffing Clerk neighborhood Builders and the General Secretariat of the Constitutional Court.

Chapter V FUNDING article 19 all the funding necessary for the implementation of the duties of the clerk and the Secretariat-General charged to the budget of the State Expenditures and Revenues.

CHAPTER VI miscellaneous PROVISIONS article 20 and the Organization of work of the Secretariat-General and Clerk of the Constitutional Court established by the Secretary-general after the prior approval in writing from the Minister of the organizing Affairs of the Government in the field of utilization of State apparatus and reform the bureaucracy.
Article 21 things related to staffing that have not been provided for in the regulation of this President, the arrangements based on legislation.

CHAPTER VII TRANSITIONAL PROVISIONS Article 22 civil servant who had served as Clerk of the surrogate at the time the regulations come into effect, this President can be appointed as Acting Registrar of functional.

CHAPTER VIII PROVISIONS COVER Section 23 by the time this presidential Regulation entered into force, the regulation of implementation of Presidential Decree Number 51 in 2004 about the Secretariat-General and Clerk of the Constitutional Court expressed still remains valid along does not conflict with the provisions of this regulation of the President.

Article 24 at the time of this presidential Regulation entered into force, the Presidential Decree Number 51 in 2004 about the Secretariat-General and Clerk of the Constitutional Court, revoked and declared inapplicable.

Article 25 of the regulation this President comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on April 24, 2012 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on April 25, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA AMIR SYAMSUDDIN attachments: ps49-lamp fnFooter ();