Regional Regulation No. 5 Of 2010

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd98011fc0b576313634343537.html

August 14, 2009 DRAFT REGULATIONS AREA of WEST JAVA PROVINCE number 5 in 2010 ABOUT the CHANGES to the REGULATIONS of the PROVINCE of WEST JAVA AREA number 3 in 2005 on the ESTABLISHMENT of LOCAL REGULATIONS with the GRACE of GOD ALMIGHTY the GOVERNOR of West Java, Considering: a. that in order the establishment of local regulations as the Foundation of the Organization of the autonomous region and pembantuan as well as the further elaboration of the laws and regulations of higher predefined Rules, West Java Area number 3 in 2005 on the establishment of Regional Regulations; b. that with the establishment of the Government Regulation number 16 in 2010 on guidelines for the preparation of the regional House of representatives Rules about Conduct of the regional House of representatives, need to do changes to the regulations of the province of West Java Area number 3 in 2005 on the establishment of local regulations, which are set by local regulations of West Java province; Remember: 1. Act No. 11 of 1950 on the establishment of the province of West Java (Republic Indonesia on 4 July 1950), Jo. Act No. 8 of 1950 the Government of Jakarta Raya (Indonesia Country Sheet Republic of 1950 the number 31, an additional Sheet of the Republic of Indonesia number 15) as amended several times, the last by Act No. 29 of 2007 about the Government of the province of Jakarta as the capital of the State Union of Republic Indonesia (State Gazette of the Republic of Indonesia Number 93 in 2007, an additional Sheet of the Republic of Indonesia Number 4744) and Act No. 23 of 2000 on the establishment of Banten Province (State Gazette of the Republic of Indonesia year 2000 Number 182, additional sheets of the Republic of Indonesia Number 4010); 2. 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); 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 amended several times, the last by 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); 4. Act No. 27 of 2009 about the people's Consultative Assembly, the House of representatives, regional representative Council and the regional House of representatives (State Gazette of the Republic of Indonesia Number 123 in 2009, an additional Sheet of the Republic of Indonesia Number 5043); http://www.bphn.go.id/2 5. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 6. Government Regulation number 16 in 2010 on guidelines for the preparation of the regional House of representatives Rules about Conduct of the regional House of representatives (State Gazette of the Republic of Indonesia number 22 in 2010, an additional Sheet of the Republic of Indonesia Number 5104); 7. West Java area of Regulation No. 3 of 2005 on the establishment of Regional Regulations (Gazette No. 13 of 2005 Regional E series, an additional Sheet region number 15); 8. West Java area of Regulation No. 10 in 2008 about the Affairs of the Government of the province of West Java (Gazette No. 9 of 2008 the area of Serie D, additional Regional Gazette No. 46); 9. West Java area of Regulation number 1 of 2010 about the preparation and the management of a Program of regional Legislation (Gazette No. 1 of 2010 Area E series, an additional Sheet number 1 Area); 10. With the approval of the HOUSE of REPRESENTATIVES along with the AREA of WEST JAVA and WEST JAVA GOVERNOR DECIDED: setting: LOCAL REGULATIONS ABOUT the CHANGES to the REGULATIONS of the PROVINCE of WEST JAVA AREA number 3 in 2005 on the ESTABLISHMENT of LOCAL REGULATIONS. Article I some provisions in the regulations of the province of West Java Area number 3 in 2005 on the establishment of Regional Regulations (Gazette No. 13 of 2005 Regional E series, an additional Sheet region number 5), amended as follows: 1. The provision of article 1 point 6, is amended as follows: 6. Bureau of law and of human rights hereinafter called Bureau of Justice and human rights is law firm human rights Secretariat and the region of West Java. 2. The provisions of article 1, after the number 11 plus 2 (two) new numbers as follows: 11a. The body of Legislation is the Area of the regional House of representatives Legislation area of West Java province. 11B. The secretariat of the Regional people's representative Council that hereafter the Secretariat of PARLIAMENT is the Secretariat of the House of representatives of the regional province of West Java. http://www.bphn.go.id/3 3. The provisions of article 6, is amended as follows: article 6 (1) the community has the right to give feedback verbally and/or written in the course of the preparation and discussion of the draft local regulations. (2) Input on the draft local regulations as referred to in paragraph (1) was implemented through the public test forum, consultation and dissemination. (3) the implementation of the public test forum, consultation and dissemination as referred to in paragraph (2) may be held at any stage of the preparation and discussion of the draft local regulations. (4) the public test Forum, consultation and dissemination as referred to in paragraph (2) was implemented by the Organizations of the device area, the Bureau of Justice and human rights and the Secretariat of the PARLIAMENT. 4. The provisions of article 8, after paragraph (3) added paragraph (3a) as follows: (3a) the preparation and management of the regional Legislation Program organized in local regulations. 5. The provisions of article 9 is amended as follows: article 9 (1) of the draft local regulations can originate from PARLIAMENT or the Governor. (2) the draft local regulations that come from LEGISLATORS or the Governor accompanied the explanation or description and/or Academic Texts. (3) the draft regulation of the area referred to in subsection (1) is filed based on the regional Legislation Program, which is set based on the provisions of laws-invitation. (4) under certain circumstances, PARLIAMENT or Governor may submit the draft Regulation Areas outside the Regional Legislation Program. 6. The provisions of article 10 is amended as follows: article 10 (1) of the draft Regulation the area originating from the DPRD may be submitted by members of the PARLIAMENT, the Commission, the Joint Commission, or a body of Legislation of the region. (2) the draft Regulations proposed by the Area member of PARLIAMENT, the Commission, the Joint Commission, Regional Legislation or agency referred to in subsection (1) is communicated in writing to the Chairman of PARLIAMENT accompanied by explanation or description and/or academic texts, lists of the names and signatures of proposers, and given the number of principal by the DPRD Secretariat. http://www.bphn.go.id/4 (3) of the Ordinance to prepare Draft local regulations emanating from PARLIAMENT provided for in the code of conduct of LEGISLATIVE Regulation. 7. The provisions of article 11 paragraph (1), is amended as follows: (1) the draft regulation of the Area comes from the Governor prepared by the Organization of the regional berkooordinasi Device with the Bureau of Justice and human rights. 8. The provisions of article 15, is amended as follows: article 15 (1) of the draft local regulations that come from LEGISLATORS or the Governor discussed by LEGISLATORS and the Governor for approval. (2) discussion of the draft local regulations as referred to in paragraph (1), carried out through two (2) levels of conversation, include: a. level I; and b. level II. (3) level I Talk as referred to in paragraph (2) letter a, comprising: a. in respect of the draft regulations of the area came from the Governor, performed with the following activities: 1. the plenary meetings in the Governor's explanations regarding the draft local regulations; 2. General view of the Faction against the draft local regulations; and 3. response and/or answer the Governor against the common view of the faction. b. Draft Regulations in terms of the area comes from the DPRD, performed with the following activities: 1. the explanation of the leadership of the Commission, the leadership of the Joint Commission, the leadership body of the Regional Legislation, or the leadership of the Special Committee in Plenary Meetings on the draft local regulations; 2. the opinion of the Governor's response to the draft local regulations; 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. (4) the talk of level II as referred to in paragraph (2) letter b include: a. decision making in Plenary Meeting which was preceded by: http://www.bphn.go.id/


5 1. the submission of the report of the Chairman of the Commission/Commission Joint Chairman/Chairman for Special Committee containing the process of discussion, opinion and discussion of the results of the Faction meeting of Joint commissions, commissions, or Special Committee by the Governor or a designated official to represent him as referred to in paragraph (2) Letter c; and 2. request approval from the Member orally by the Chairman of the House Plenary Meeting. b. the final opinion of the Governor. (5) in the case of approval as referred to in paragraph (2) letter a number 2 can not be achieved in the deliberations to consensus, decisions are taken on the basis of the most votes. (6) in the case of the draft local regulations have no mutual agreement between LEGISLATORS and the Governor, the draft Regulations of the area should not be proposed again in the trial of LEGISLATIVE time. (7) further provisions of Ordinance pengenai discussion of the draft local regulations is governed by the rules of conduct of LEGISLATIVE 9. The provisions of article 16, after subsection (2) added paragraph (2a) and (2b), as follows: (2a) the recall of Draft local regulations as referred to in paragraph (1) can only be made in the Plenary meeting of the PARLIAMENT attended by the Governor. (2b) the draft Regulations areas that withdrawn could not be asked again during the same session. 10. The provisions of article 5 paragraph (1), is amended as follows: (1) the draft regulation of the areas that have been approved jointly by the PARLIAMENT and the Governor as referred to in Article 15 paragraph (1), submitted by the Chairman of the House of PARLIAMENT to Rule set to be Governor for the area. 11. Between article 17 and article 18, inserted Article 17a, chapter 17b, article 17c, article 17d, article 17e and 17f in the following Article: Article 17a Special Rules for design areas that should be evaluated, the process of determination of the draft local regulations into local regulations are as follows: a. local regulations about the budget revenue and Spending areas, changes in Budget revenues and Expenditures Budget Revenues and accountability Area and shopping districts , organized with the following conditions: 1. The draft Regulation Areas of Budget revenue and Spending areas, changes in Budget revenues and Expenditures Budget Revenues and accountability Area and Shopping areas that have been approved along the REPRESENTATIVES delivered the Governor to the Secretary of the Interior; http://www.bphn.go.id/6 2. In the event that the Minister of Interior declared the results of the evaluation of the draft local regulations as outlined in Figure 1 has been in accordance with the public interest and the legislation, the Governor sets out draft Regulations be referred to the region; and 3. When the Minister of Interior declared the results of the evaluation of the draft local regulations as outlined in Figure 1 are contrary to the public interest and the legislation, the Governor shared the DPRD do refinement on the draft local regulations, in accordance with the laws-invitation. b. the applicable local tax Levy and regional areas, organized with the following conditions: 1. The draft local regulations about local tax and Levy Area approved along LEGISLATIVE delivered the Governor to the Secretary of the Interior for further coordinated with the Finance Minister; 2. In the event that the Minister of Interior declared the results of the evaluation of the draft local regulations as outlined in Figure 1 has been in accordance with the public interest and the legislation, the Governor sets out draft Regulations be referred to the region; and 3. When the Minister of Interior declared the results of the evaluation of the draft local regulations as outlined in Figure 1 are contrary to the public interest and the legislation, the Governor shared the DPRD do refinement on the draft local regulations, in accordance with the laws-invitation. c. Regulation of the regional Spatial Plan of provincial and Territorial Regulation of the regional Spatial Plan of strategic areas of the province, was held with the following conditions: 1. The draft local regulations consult Gubenur about Spatial Plan area of the province and local regulations regarding Spatial plans of strategic areas of the province to the Ministry: dikoodinasikan spatial Affairs by coordinating body of the National Spatial the draft Regulations are approved, prior to the joint LEGISLATORS. 2. The draft regulation of the area as referred to in number 1 which has been approved in PARLIAMENT, delivered the Governor to the Secretary of the Interior; 3. In the event that the Minister of Interior declared the results of the evaluation of the draft local regulations as outlined in Figure 1 has been in accordance with the public interest and the legislation, the Governor sets out draft Regulations be referred to the region; http://www.bphn.go.id/7 4. In the event that the Minister of Interior declared the results of the evaluation of the draft local regulations as outlined in Figure 1 are contrary to the public interest and the legislation, the Governor shared the DPRD do refinement on the draft local regulations, in accordance with the laws-invitation. Section 17b (1) the draft Regulation of the Regional Organization of the device area which was discussed along with REPRESENTATIVES of the Governor, delivered to the Secretary of the Interior for further coordinated utilization of State apparatus Minister and reform the bureaucracy. (2) the Governor may establish local regulations about Organization Device Area when the Home Secretary did not provide appropriate facilitation period which is set based on the provisions of the legislation. Article 17c (1) local regulations are revoked by the Minister of internal affairs agenda as a scale of priorities in the Programme Area, in accordance with the Legislation and regulations. (2) in the case of regional Legislation Program of the current year have been set, then the local regulations are revoked by the Home Secretary referred to in subsection (1) upon changes in the agenda of the Program Areas, in accordance with the Legislation and regulations. Article 17d in terms of the results of the evaluation of the Home Secretary's response to the draft local regulations, tax levy and field space should be discussed by LEGISLATORS and the Governor, then a discussion of the results of evaluation of Interior Minister diakukan by the Regional Legislation alongside officer appointed by the Governor. Chapter 17e Results completion of the draft Regulations of the regional evaluation results referred to in Article 17d, reported on the meeting of the Plenary of the next PARLIAMENT. Chapter 17f flowchart discussion of Draft Regulations and defining the Areas clarified, evaluated and facilitated as referred to in article 17, Article 17a and 17b Article listed in Annexes I, II and III as an integral part of the regulation of this area. http://www.bphn.go.id/8 of article II of the regulation of 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 West Java province. Set in Bandung on August 23, 2010 WEST JAVA GOVERNOR AHMAD HERYAWAN ttd, Enacted in Bandung on August 23, 2010 SECRETARY of West Java, ttd LEX ADMIRAL SHEET REGION of WEST JAVA in 2010 number 5 SERIES E copies of its original REGIONAL SECRETARIAT in accordance with the PROVINCE of WEST JAVA, the head of the Bureau of Justice and human rights, Yessi http://www.bphn.go.id/Esmiralda 9 EXPLANATION of REGULATORY REGIONS of WEST JAVA PROVINCE number 5 in 2010 ABOUT the CHANGES to the REGULATION REGION of WEST JAVA NUMBER 3 in 2005 on the ESTABLISHMENT of LOCAL REGULATIONS i. General. In the framework of the Organization of the autonomous region and pembantuan formed local regulations which is a further elaboration of laws-invitation. To realize the quality of local regulations, has established rules of West Java Area number 3 in 2005 on the establishment of local regulations that aim to bring about an orderly formation of Regional Regulations ever since planning up to pengundangannya. In the regulations of the area is set on the system, the procedures for the preparation and discussion of the drafting, engineering and pembentuknnya. With the establishment of the Government Regulation No. 12 of 2010 on guidelines for the preparation of the rules of the House of representatives of the region, as well as the existence of regulatory development perundangan-undangan related governing the procedures for the preparation, discussion, endorsement and assignment of regulatory areas, need to do changes to the regulations of the province of West Java Area number 3 in 2005 on the establishment of local regulations II. The SAKE ARTICLE ARTICLE article I Figure 1 Figure 2 pretty clearly quite clearly the number 3 is quite clear number 4 is quite clear the number 5 subsection (1) is quite clear http://www.bphn.go.id/


10 subsection (2) in principle all script Draft local regulations must be accompanied by the academic manuscript, but some Draft Regulations Draft areas, such as local regulations about the budget revenue and Spending areas, the draft local regulations that only limited change some material that already has a previous academic texts, may be accompanied or not accompanied by the academic texts. Paragraph (3) sufficiently clear paragraph (4) the definition of "appropriate circumstances" is the need to follow up on the decision of the officer or authorized institutions about the cancellation of a rule of the region, or the need to follow-up on a national policy or legislation that is coming soon. Figure 6 Figure 7 quite obviously quite clear number 8 is quite clear the number 9 is quite clear 10 quite clearly the number 11 of Article 17a is "evaluated" is aimed at the achievement of harmony between National policies and regional policy, harmony between the public interest with the interests of the apparatus, as well as to examine the revenue and Expenditure budget of the sejauhmana region, local tax and Regional Levies, as well as the provincial Spatial Plans and Spatial Plans a strategic area of the province is not contrary to the public interest , rules, and regulations in other areas. Article 17b subsection (1) sufficiently clear paragraph (2) the definition of "facilitation" is the giving guidelines and technical instructions, directives, technical guidance, supervision, assisting and cooperation as well as the monitoring and evaluation of the preparation and implementation of local regulations about the Organization and the Organization of work of the device area. http://www.bphn.go.id/11 17c Article 17d Article is quite obvious it is pretty clear the article pretty clearly 17e Section 17f quite clearly article II ADDITIONAL SHEET is quite clear the AREA of WEST JAVA NUMBER 71 http://www.bphn.go.id/