Regulatory Area Number 2 In 2011

Original Language Title: Peraturan Daerah Nomor 2 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bda16a8d80bad7313634353133.html

25 the GOVERNMENT REGULATION of the MALUKU PROVINCE AREA of MALUKU PROVINCE number: 02 in 2011 ABOUT the ORGANIZATION and the WORK of the REGIONAL DISASTER RELIEF AGENCY MALUKU PROVINCE with the GRACE of GOD ALMIGHTY the MALUKU GOVERNOR, Considering: a. that to implement the provisions of article 18 paragraph (1) and paragraph (2) of Act No. 24 of 2007 about the Disaster, the Government Regulation Number 41 in 2007 about the Organization of the device Area , and the regulation of the Minister of Home Affairs Number 46 in 2008 about the guidelines and the Organization of work of the regional disaster relief Agency, it needs to be reconstituted and the Organization of work of the regional disaster management agency's Maluku province as set forth in the regulations of the Maluku Governor number 13 in 2009; b. that based on considerations as referred to in letter a, the need to establish local regulations Maluku province about the Organization and the Work of the regional disaster relief agency of the Province of Maluku.

26 Recall: 1. Act No. 20 of 1958 concerning the determination of the Emergency Law number 22 in 1957 about the formation of the Autonomous Region level I the Moluccas (Republik Indonesia Country Gazette 1958 Number 79, an additional Sheet of the Republic of Indonesia Number 1617); 2. Act No. 8 of 1974 about Staffing issues (Gazette of the Republic of Indonesia Number 55 in 1974, an additional Sheet of the Republic of Indonesia Number 3026), as amended by Act No. 43 of 1999 (State Gazette of the Republic of Indonesia year 1999 Number 169, additional sheets of the Republic of Indonesia Number 3890); 3. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 1997, an additional Sheet of the Republic of Indonesia Number 3674); 4. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888) as amended by Act No. 19 of 2004 concerning the determination of the Government Regulation No. 1 of 2004 on changes to the Act No. 41 of 1999 into law (State Gazette of the Republic of Indonesia Number 86 in 2004, an additional Sheet of the Republic Indonesia country number 4421); 5. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4287);

27 6. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 7. 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 amended several times with the Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 8. Act No. 33 of 2004 concerning the Financial Equalization Between the Central Government and the regions (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 9. Act No. 24 of 2007 about disaster relief (Gazette of the Republic of Indonesia Number 66 in 2007, an additional Sheet of the Republic of Indonesia Number 4723); 10. Government Regulation Number 58 in 2005 about the financial management area (State Gazette of the Republic of Indonesia Number 140 in 2005, an additional Sheet of the Republic of Indonesia Number 4578); 11. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local authorities and the Government of the province, Kabupaten/Kota (State Gazette Repoblik 2007 Indonesia Number 82, an additional Sheet of the Republic of Indonesia Number 4737);

28 12. Government Regulation Number 41 in 2007 about the Organization of the device area (State Gazette of the Republic of Indonesia Number 85 in 2007, an additional Sheet of the Republic of Indonesia Number 4581); 13. Government Regulation Number 21 in 2008 about the Organization of disaster relief (Gazette of the Republic of Indonesia Number 42 in 2008, an additional Sheet of the Republic of Indonesia Number 4828); 14. Government Regulation number 22 in 2008 about the funding and management of disaster aid (State Gazette of the Republic of Indonesia Number 43 in 2008, an additional Sheet of the Republic of Indonesia Number 4829); 15. Government Regulation Number 11 Year 2008 as well as on the role of international institutions and Foreign Governmental Institutions In disaster relief (Gazette of the Republic of Indonesia Number 44 in 2008, an additional Sheet of the Republic of Indonesia Number 4830); 16. Regulation No. 8 in 2008 President of the national agency of disaster mitigation; 17. Regulation of the Minister of Home Affairs Number 46 in 2008 about the guidelines of the Organization and the Work of the Agency's Regional disaster relief; 18. Applicable local Maluku province number 04 of 2007 about the Organization and the Work of the technical institutions of the regional Province of Maluku.

29 with the mutual agreement of the REGIONAL HOUSE of REPRESENTATIVES and the Governor of MALUKU PROVINCE MALUKU M E M U T U S K A N: setting: LOCAL REGULATIONS ABOUT the ORGANIZATION and the WORK of the REGIONAL DISASTER RELIEF AGENCY of the PROVINCE of MALUKU. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is an area of Maluku province; 2. Local Government is the Governor of Maluku Province and other Areas; as the organizer of the local government; 3. The Governor is the Governor of Moluccas; 4. Representatives of the regional PARLIAMENT is abbreviated as Representatives of the regional province of Maluku; 5. The Regional Secretary is the Secretary of the regional province of Maluku; 6. The regional disaster mitigation Agency that disaster relief Agency hereinafter referred to as the area of Maluku province is an area of the province that was formed in order to carry out the duties and functions of disaster response; 7. The head is the head of the disaster relief Agency Implementing elements of the area of Maluku province; 8. The disaster is an event or series of events that threaten and disrupt the lives and livelihoods of society caused, either by natural factors and/or non natural as well as human factors resulting in the onset of human casualties, damage to the environment, loss of property, and the psychological impact.

30 CHAPTER II ESTABLISHMENT of article 2 of the Regulation of this area formed the Organization and the Work of regional disaster relief Agency province of Maluku. CHAPTER III POSITION, BASIC TASKS and FUNCTIONS of the position of the first part of article 3 (1) of the regional disaster management agency's Maluku province is under and is responsible to the Governor. (2) the Agency's Disaster Areas in Maluku province are leading by a head and Body in carrying out its work assisted by elements of the Steering and Managing elements. The second part of article 4 basic tasks of the Agency's Regional disaster relief task Maluku Province provides technical services and administration as well as the Organization of disaster relief. The third part of the function of article 5 in carrying out the tasks referred to in article 4 of the regional disaster management agency's Maluku province organises functions: a. carry out coordination with units of the device work other areas in the region, the agencies there is vertical in the area having regard to the policy of organizing disaster relief and statutory provisions; b. Pengkomandoan, through the direction of HUMAN RESOURCES, equipment and logistics related institutions, establishments that are in the vertical region in order of emergency handling of disaster;

31. The implementation of the monitoring and evaluation of disaster management are coordinated and integrated with other SEGWAY in the area, the existing vertical establishments in the area having regard to the policy of the Organization of disaster relief with the provisions and regulations; d. formulation of programmes in the field of disaster relief is appropriate medium-term development plan area; e. preparation of drafting policy guidelines for disaster relief that includes disaster prevention, handling of emergency, rehabilitation and reconstruction in a fair and equitable; f. Planning standards and the need of organizing disaster relief based on legislation; g. preparation of preparation, determination and disaster-prone map information; h. Preparation preparation procedures fixed disaster relief; i. preparation of reporting of organizing disaster relief under normal conditions and in the form of disaster emergency conditions; j. Organization of disaster relief administration; k. implementation of the monitoring and evaluation of disaster response; b. implementation of other tasks given by the Governor of the appropriate duties and functions. CHAPTER IV ORGANIZATION article 6 (1) Organization of regional disaster relief agency's Maluku province consists of: a. the head. b. the secretariat consists of: 1) Sub Division Personnel and the public. 2) Sub Division of planning and finance. c. Prevention and Kesiap Siagaan Fields consisting of: 1) Prevention Section. 2 Sexy Kesiap Siagaan). d. areas of Emergency and logistics comprises: 1) Emergency Section. 2) Section logistics. e. rehabilitation and reconstruction Fields consist of: 1) Sexy Rehab. 2) Reconstruction Section. (2) the Agency's Organization Chart Disaster area of Maluku province as listed in the annex to the regulation of this area.


32. CHAPTER V OFFICE of the FUNCTIONAL GROUPS of article 7 (1) of the regional disaster mitigation Agency In Maluku province can be placed civil servant in the Office of the appropriate Legislation based on Functional capability needs and workload. (2) a group of functional Office has the task of carrying out some duties of local governments in accordance with expertise based on legislation. (3) a functional Office Group consists of a number of energy and level of functional Office are divided into different groups according the areas of his expertise. (4) position of the functional Group is led by a senior designated functional power based on legislation. CHAPTER VI LAYOUT WORK article 8 (1) the head of the Agency, the Secretary, the head of the field, head of Sub-Division, head of the sexy and functional Office group in applying the mandatory principle of doing their job of coordination, integration, synchronization and simplikasi vertically and horizontally. (2) the head of the Agency is obligated to submit a report pelaksanakan the task based on the provisions applicable to the Governor through Secretary. Article 9 (1) each head Unit Work on disaster relief agency of the region of Maluku province responsible to superiors that the mandatory authorities comply with the instructions and directives of superiors, and the duty of delivering the report on the implementation of the tasks periodically based on conditions. (2) each report received by the supervisor, compulsory processed and used as a basis for preparing the report further and can be used as constraints in the formulation of policy considerations. (3) every Working Unit Head responsible to lead and coordinate their respective subordinates, provides guidance guidance and control and supervise the execution of the duties of subordinates.

33 (4) every subordinate in the scope of the disaster relief agency's area of Maluku province responsible to the supervisor who authorized and obligated to perform the duties of the position with full responsibility. CHAPTER VII LINE, the APPOINTMENT, DISMISSAL and the first line of Section ESELONISASI, the appointment and dismissal of the article 10 Level position and line as well as the staffing arrangement is set based on legislation. Article 11 (1) the head of the Regional Disaster Management Agency's Maluku province are appointed and dismissed by the Governor. (2) the head of the Regional Disaster Management Agency's Maluku province was appointed from civil servants who are eligible upon the proposal of the Secretary based on legislation. (3) the Secretary, the head of the field, Early Sub Division, head of Section can be appointed and dismissed by the Secretary of the upper pelimpahan Area Authority of the Governor. (4) the Secretary, the head of the field, Early Sub Division, head of Section of civil servants who qualify based on legislation. The second part Eselonisasi article 12 (1) the head of the Regional Disaster Management Agency's Maluku province is the Office of Echelon IIa. (2) the Secretary, the head of the field is the Office of Echelon IIIa. (3) head of sub-division and the Head Office of Echelon is Section IVa. CHAPTER VIII miscellaneous PROVISIONS Article 13 of the regulation of this area will be evaluated at least 2 (two) years calculated from the enforced based on laws and regulations as required.

34. CHAPTER IX of the PROVISIONS of article 14 COVER things that haven't quite set in the regulation of this area, all concerning the technical implementation is governed more by Regulation of the Governor. Article 15 with the enactment of the regulations in this Area, then the Governor of Maluku Province Regulation number 13 in 2009 on the establishment of the Organization and the work of disaster relief Agencies and disaster response agencies Provinces of Maluku was revoked and declared no longer valid. Article 16 Rule this area comes into force on the date of promulgation. So that everyone can know it, ordered the enactment of regulations in this Area with its placement in the piece area of Maluku province. Set in A m b o n on 07 February 2011 GOVERNOR of the Moluccas, Cap/KAREL ALBERT RALAHALU ttd Enacted in A m b o n on 07 February 2011 REGIONAL SECRETARY of the Moluccas, Cap/ttd Nn. ROSA FELISTAS FAR – FAR SHEET REGION of MALUKU PROVINCE in 2011 NUMBER 02 35 EXPLANATION of REGULATORY REGIONS of MALUKU PROVINCE number 02 of 2011 on the ESTABLISHMENT of the ORGANIZATION and the WORK of the REGIONAL DISASTER MITIGATION AGENCY PROVINCE of MALUKU i. GENERAL policy of local governments to perform setup back of the device is its territory Organization as the implementation of Act No. 32 of 2004 on local governance and the Government Regulation Number 41 in 2007 about the Organization of the device Area for the sake of stimulating and enhancing the implementation of the tasks of Government, development and service to the community. In the explanation of the Law Number 32 of 2004 and the Government Regulation Number 41 in 2007 of the above confirmed that in implementing local governance, the Governor is assisted by a device area. In general the device as supporting elements of Regional Governor help policy formulation and coordination in the Secretariat undertakes regional and LEGISLATIVE Secretariat, supporting the Governor's task element in the preparation and implementation of policy areas that are specific to Technical Institutes in the Region undertakes and implementing elements of the Affairs of the autonomous region are in the Service area. The main basis of preparation of the device Area within an organization is the Government Affairs who became the regional authority comprises a compulsory affair and the affair of choice. The obligatory affair in fact is the task of local authorities to meet the needs of basic services (Basic Service) from the communities Choice Affairs while in fact related to the Affairs of the Government are real there and potentially to improve the welfare of the community in accordance with the conditions, specificity and potential seeded area (Core Competency) 36 Drafting disaster relief Agency in an organization is in order of efficiency, smoothness and increased effectiveness of the implementation of the tasks of Government development, and service to the community. Based on the letter of Minister of Home Affairs Number 061/3936/SJ, 19th December 2008 subject Tindaklanjut the implementation of the Organizational Setup of the device Area based on the Government Regulation Number 41 in 2007 on point 2 explains about the establishment of other institutions, namely the institutions mandated by various provisions of the legislation which has not been set in the regulations. Based on the above considerations and appropriate development of the circumstances and needs of the region, then the need to reorganize the Organization and governance of the regional disaster relief Agency Work Maluku province which is set in the regulations the Governor of Moluccas number 13 in 2009 on the establishment of the Organization and the Work of the regional disaster mitigation Agency Maluku province with the local regulations. II. For the SAKE of ARTICLE ARTICLE Article 1 article 6: pretty self-explanatory. Article 7 paragraph (1): the word "may" in article it is intended that the establishment of a functional Office must be based on the provisions of the applicable invitation militate-according to needs, workload and financial capability of the region. Article 7 paragraph (2) s/d of article 8 paragraph (1): sufficiently clear. Article 8 paragraph (2): the Accountability of the head of the Agency to the Governor through Secretary of the Region so that the created Device performance Region optimally. Article 9 Article 13 s/d: pretty self-explanatory.

37 Article 2: referred to in this article is a description of the duties of the head of the Agency, the Secretariat, the head of the field, head of Sub-Division, the head of Section will be further regulated by regulation of the Governor. Article 15 article 16 s/d: pretty self-explanatory. AN ADDITIONAL AREA OF MALUKU PROVINCE SHEET NUMBER. ....