Regional Regulation Number 3 Of 2010

Original Language Title: Peraturan Daerah Nomor 3 Tahun 2010

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd95f55ee0a873313634343534.html

ProvinsiSulawesiBarat-2010-3 of the REGULATION REGION of WEST SULAWESI PROVINCE number 03 of 2010 on the ESTABLISHMENT of LOCAL REGULATIONS with the GRACE of GOD ALMIGHTY, WEST SULAWESI GOVERNOR, a. Considering: a. that is the applicable local laws and regulations in that area in the form of the Organization of the autonomous region in order and tasks pembantuan, accommodate special conditions as well as the elaboration of further laws-higher undanagan; b. that the establishment of local regulations as referred to in letter a, needs to be in the form of Regulations and guidelines as a reference Derah in organizing the Iebih effective local governance by local authorities together with Representatives of the regional province of West Sulawesi Governor's Decision established West Sulawesi; c. that based on considerations as referred to in letter a, letter b, and the need to establish local regulations on the establishment of local regulations. Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, State Gazette Supplementary Repubiik Indonesia Number 4389); 3. Act No. 25 of 2004 about National Development Planning System (State Gazette of the Republic of Indonesia Number 104 in 2004, an additional Sheet of the Republic of Indonesia Number 4421); 4. Act of 26 2004 Namor on the establishment of the province of West Sulawesi (Indonesia Republic Gazette 2004 Number 105, an additional Sheet of the Republic of Indonesia Number 4422); 5. Legislation Nornor 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, State Gazette Supplementary RepubHk Indonesia Number 4437) as amended several times, the last with laws Nornor 12 years 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); 6. Act No. 27 of 2009 about the people's Consultative Assembly, the Council of people's Perwakitan, 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);

7. Government Regulation Number 41 in 2007 about the Organization of the device area (State Gazette of the Republic of Indonesia Year 2007 Number 89, an additional Sheet of the Republic of Indonesia Number 4741); 8. 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 89 in 2010, an additional Sheet of the Republic of Indonesia Number 5104); 9. Presidential Regulation No. 1 of 2007 about the Endorsement, Enactment and Dissemination of legislation; 10. Applicable local West Sulawesi as the number 1 in 2009 about the Organization and the Work of the regional secretariat of the province of West Sulawesi (Sulawesi Barat Province Regional Gazette in 2009 number 1, an additional area of West Sulawesi province Gazette Number 34); 11. The regulation of West Sulawesi Area number 2 in 2009 about the Organization and the work of the Secretariat of the House of representatives of the regional province of West Sulawesi (Sulawesi Barat Province Regional Gazette in 2009 number 2, an additional area of West Sulawesi province Sheet Number 35); 12. Regulation of West Sulawesi Province Area number 3 in 2009 about the Organization and the Work of the Regional Office of the province of West Sulawesi (Sulawesi Barat Region Gazette in 2009 number 3, an additional area of West Sulawesi province Sheet Number 36); 13. Applicable local West Sulawesi as number 4 in 2009 about the Organization and the Work Inspectorate, the State development planning, research and Regional Development Regional Technical Agencies Sert West Sulawesi (Sulawesi Barat Province Regional Gazette in 2009 number 4, additional Sheets Suiawesi Western Province Area Number 37); 14. Local regulations West Sulawesi as the number 6 in 2009 about Government Affairs who became the authority on local governance West Sulawesi (Sulawesi Barat Province Regional Gazette in 2009 number 6, an additional area of West Sulawesi province Gazette Number 39); Bersana with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL PROVINCE of WEST SULAWESI And WEST SULAWESI GOVERNOR DECIDED: setting: LOCAL REGULATIONS on the ESTABLISHMENT of APPLICABLE LOCAL HOG Chapter I GENERAL PROVISIONS in the regulations in this Area are: 1. The area is the province of West Sulawesi. 2. The local government is Organizing the Affairs of Government by local governments and the REPRESENTATIVES according to the principle of autonomy and pembantuan with the principle of the autonomy of the widest breadth of in-system and the principle of the unitary State of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 3. Local Government is the Governor and the regional s like the device element of organization of local governance. 4. The Governor is the head of the regional province of West Sulawesi. 5. The House of representatives the next areas of LEGISLATIVE institution is the abbreviated representation of the provinces of West Sulawesi as organizer of local governance. 6. The secretariat of the Regional Secretariat of the area is the province of West Sulawesi. 7. The Regional Secretary is Secretary of the region of West Sulawesi province. 8. The secretariat of the House of representatives in the next PARLIAMENT Secretariat abbreviated Area is the Secretariat of the House of representatives of the regional province of West Sulawesi. 9. the governing body of the regional Legislation, hereinafter abbreviated Balegda is fittings of representatives Area West Sulawesi province that is fixed and is in charge of running the function of legislation dealing with planning, review and evaluation of the formation as well as the implementation of local regulations. 10. Work Unit Device Area hereinafter abbreviated SEGWAY is a unit of work device region of West SulawesI Province Government. 11. The law firm is the legal Bureau of the Regional Secretariat of the province of West Sulawesi, 12. Local regulations are regulations established by DPRD with the mutual agreement of the Governor of West Sulawesi province. 13. The establishment of Regional Regulation is the process of making the Area Per turan basically starts and planning, preparation, technical pe yusunan, the formulation, discussion, setting/endorsement and dissemination. 14. 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. 15. The code of conduct is Conduct Board of Perwakaan Region of Provins of West Sulawesi. 16. The regulations of the Governor is the rule set by the Governor as a guide the implementation of local regulations. 17. The role of the community is community involvement in the establishment of local regulations. CHAPTER II BASIC FORMATION AND MATER! The CHARGE of article 2 (1). Local regulations formed based on the principle of the formation of good legislation. (2) the principle referred to in subsection (1) include the following: a. the clarity of purpose. b. Institutional or organ-forming. c. Conformity between the type and the material charge. d. can be implemented. e. the navigability and kehasilgunaan. f. clarity of formulation, and g. openness. Article 3 (1). Material Charge local regulations must contain: a. the basic Shelter. h. Humanitarian. c. Nationality.

d. Family. e. Kenusantaraan. f. Bhinneka Tunggal Ika. g. Justice. h. in common position in law and Government. I. Keterttban and legal certainty, and j. balance, harmony and alignment. (2) in addition to the basis referred to in paragraph (1), regulation of certain areas can contain other fields in accordance with the principle of hukurn legislation are concerned. Article 4 (1). Material Charge Regulation Area is the entire material charge in ranka: a. Organizing regional autonomy and pembantuan b. Accommodate special conditions of the area, and c. further Elucidation of regulatory legislation. (2) local regulations as referred to in paragraph (1) is contrary to the public interest and/or regulations. CHAPTER III STAGE of establishment, TYPES and FORMS of LEGAL PRODUCTS is considered Part of the REGIONAL stage of the formation of Regional Regulations Article 5 (1). The establishment of local regulations is carried out through several stages. (2) the stage of the sebagamana 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 types and shapes of product Area Law article 6 (1). The preparation of the draft Regulation is carried out according to the type of Area and shape of the legislation, consisting of: a. b. Derah Regulations Regulations of Governor c. Regulations along with Governor d. Decision Gubemur; and e. the Vice Governor (2). The provisions concerning the type and form of legal products area as mentioned on paragraph (1) are listed in the annex which is an integral part of the regulatory Area mi. The PLANNING Part I General


Article 7 (1). Planning the establishment of local regulations is carried out in a Prolegda. (2) Prolegda as in paragraph (1) contains the draft Regulation drafting plan area that is accompanied by an explanation of the subject matter of the material settings and dependencies with other legislation. (3) an explanation of the subject matter of the material arrangements as referred to in paragraph (2) drafted include: a. background and objectives of the arrangement. b. Objectives and settings. c. Principal subjects mind, scope or object to be set d. range and direction settings. Article 8 (1). Prolegda arranged together between the PARLIAMENT and the regional Pemenintah programmatically, integrated and systemic. (2) the preparation of the Prolegda referred to in paragraph (1) dikoordiriasikan by PARLIAMENT through Balegda. (3) Prolegda compiled by considering the Spatial Plan of the region of Long-term Regional development plans, medium-term Regional development plan and the annual development plan area. (4) Prolegda drawn up for a period of 5 (five) thun with the determination of the priority scale of the formation of the draft local regulations set seti p years. (5) Prolegda sebagairnana Walkthrough stated on ay t (4) discussed and defined selambat-Iambatnya at the beginning of the first year of the period of LEGISLATIVE tasks. Article 9 Prolegda be generally defined through the Memorandum Agreement between the leadership of the PARLIAMENT with Gubemur. The second part of the preparation of the draft Prolegda article 10 (1). Preparation of Draft LEGISLATIVE Environment in Prolegda dikoordrriasikan by Balegda. (2) Balegda as referred to in paragraph (1) asking for input to fractions-fraction, commissions and representatives of community groups against the plan the preparation of the draft local regulations proposed in the draft Prolegda. (3) the plan drafting local regulations sebagaiman in ksud under subsection (2) is proposed to include explanation of the subject matter material on the tour as well as Academic Texts. (4) the draft stated on sebagairnana Prolegda ay t (2) and paragraph (3) verification by the Balegda for the next reported to the Chairman of PARLIAMENT. (5) the leadership of OPRD delivered a Draft LEGISLATIVE proposal n Prolegda as referred to paragraph (4) to the Governor in a Plenary meeting of the PARLIAMENT to do the discussion. Article 11 (1). The preparation of the draft Prolegda in the environment of local government coordinated Regional Secretary oeh technically done by the law firm. (2) Regional Secretary asking for the plan the preparation of the draft local regulations to each SEGWAY in accordance with the scope of the duties and responsibilities of each. (3) preparation of the Draft Plan Rule the region s b gaimana referred to in paragraph (2) be lodged include explanation of the subject matter of the material to be arranged as well as Academic Texts. (4) the draft Verification Rules proposed Area as referred to in paragraph (2) and paragraph (3) is done through the consultation forum coordinated by the Secretary of the Region by involving SEGWAY-related.

(5) the consultation Forum referred to in subsection (4) may involve experts from universities and environmental organizations in the areas of social, political, profession or other appropriate societal good-value requirement. (6) the Secretary of the regional report on the design of the Prolegda that have been verified as referred to in paragraph (4) to the Governor. (7) Gubemur rnenyampaikan Prolegda Draft local government proposals as referred to in paragraph (1) the DPRD Plenary Meeting for dila ukan discussion. The third part Pembahasari Prolegda Draft article 12 (1). Discussion of the draft Prolegda arttara do with the DPRD and Gubemur. (2) the discussion referred to in Prolegda v. t. (1) coordinated by Balegda representing the LEGISLATIVE and Regional Secretaries represent the Governor. (3) the results of the deliberations of the Prolegda referred to in paragraph (2) is reported by the Balegda to the leadership of the PARLIAMENT and by the Secretary to the Governor. (4) approval of hasi discussion Prolegda as referred to in subsection (3) do rnelalui the signing of the memorandum of agreement between the leadership of the PARLIAMENT with the Governor. (5) the Agenda of the discussion and approval of the Prolegda referred to in paragraph (4) is set further by LEGISLATORS. The fourth part of the Agenda of the regional Legislation of article 13 (1). PARLIAMENT and the Governor in the exercise of Prolegda setting priorities on an annual discussion of the draft local regulations through the Agenda of L gislasi of the region. (2) the preparation of the draft Agenda of the Regional Legislation in Iingkungan the REPRESENTATIVES referred to in subsection (1) is coordinated by Balegda. (3) Balegda meminita input Fractions-fraction and commissions as well as representatives of community groups against which the local regulations that the p diusukan in sebagairnana dirnaksud area of Legislation Agenda in paragraph (2). (4) Balegda verify and collate priority discussion Draft local regulations in the Legislation Agenda Daeran as dim ksud on paragraph (3) for the next dilaprkan to the leadership of the PARLIAMENT. (5) the leadership of PARLIAMENT convey approval of Draft Agenda of LEGISLATIVE proposals for areas of Legislation referred to in paragraph (4) to be discussed along with the Governor. Article 14 (1). Penysunan Draft Agenda of regional Legislation in Iingkungan local Government referred to in paragraph 13 Pasat (1) dikoornasikan by Sekretans area. (2) the Secretary of the regional verifying and compiling the top priority of the draft local regulations that have been proposed by SEGWAY. (3) the Secretary of the Region reported the results of the verification as referred to in paragraph (2) to the Governor to be submitted to PARLIAMENT as a Draft Agenda Pimpirian Legislation in the environmental Area local governments. Article 15 (1). Discussion of the draft Regional Legislation Agenda do bersarna between the PARLIAMENT and the Gubemur. (2) discussion of the Agenda of the regional Legislation referred to subsection (1) is coordinated by Balegda representing PARLIAMENT and Secretary of the region representing the Governor.

(3) Pernbahasan sebagaiman Area Legislation Agenda referred to in subsection (1) to draw up a draft Regulation priority Areas discussed during 1 (one) year budget. (4) the results of the deliberations of the Regional Legislation Agenda sebagaim na referred to in subsection (2) is reported by the Balegda to the leadership of the PARLIAMENT and by Sekretans D erah to the Governor. (5) the approval of the hasih discussion of Agenda Legistasi sebagarnana Area referred to in subsection (4) is carried out through the signing of the memorandum of Agreement between the leadership of the PARLIAMENT with the Governor selambat-tarnbatnya the third month early on in the Council of REPRESENTATIVES. (6) the Agenda of the discussion and approval of the Agenda of the regional sebagairnana Legislation referred to subsection (1) are governed further Iebih o) eh DPRD. Chapter V the ESTABLISHMENT of DRAFTING PERPTURAN 16 PasatI AREA (1). Rancagan Regulatory Area can come from LEGISLATORS or the Governor. (2) the draft local regulations that come from PARLIAMENT or Gubemur accompanied by an explanation or description and/or a script Akadernik. (3) the draft regulation of the area referred to in subsection (1) is filed based on the program Legistasi of the region. (4) certain circumstances Datam, LEGISLATORS or the Governor may submit the draft Regulation Areas outside the program legisasi of the region. Considered part of the preparation of the draft Regulation on the initiative of LOCAL Area article 17 (1). Draft local regulations that comes from PARLIAMENT may be submitted by members of the PARLIAMENT, the Commission, the Joint Commission or agency Legislation area as the party rules of conduct consists of members of PARLIAMENT. (2) the draft Regulations in the area of LEGISLATIVE environment coordinated by the Regional Legislation. (3) consists of sebagaimania Parties referred to in paragraph (1) proposed the Draft Regulations in the area of LEGISLATIVE Leadership to tertutis accompanied by an explanation or description and/or academic texts, lists of narna and signature of proposers, and given the number of principal by the DPRD Secretariat. (4) the leadership of the PARLIAMENT as referred to in paragraph (3) assigning Balegda to do a study of the synchronization and harmonization top R Regional Regulations ncangan asked. Article 18 (1). In the preparation and submission of Draft Regulations sebagairnana Areas referred to in article 17 paragraph (3), the Balegda can menyerahka n Academic Manuscript, along with the draft local regulations to the College or other third parties who have the skill for it. (2) For rnelengkapi and discuss Academic Texts along with Draft local regulations as referred to in paragraph (1), the parties may invite Balegda proposers, fractions-fraction, commissions, SEGWAY, and/or perwakil n people. (3) the results of the study of the draft local regulations as referred to in paragraph (2) is submitted to the leadership of the PARLIAMENT. (4) the leadership of PARLIAMENT delivered the results of a study of Racangan Peraturn Area as referred to in paragraph (2) to the Plenary meeting of the PARLIAMENT.


Article 19 (1). The draft Regulation an area that has been examined by Balegda sebagairnaria referred to in article 18 paragraph (2) presented by the leadership of the PARLIAMENT to the sernua member of LEGISLATIVE selambat the latest 7 (seven) days of Plenary meeting of sebelurn of the House. (2) in the meeting of LEGISLATIVE Panipurna as referred to in paragraph (1) a. proposers to provide an explanation. b. the fraction-fraction and other members of the DPRD gave the p ndangan, and c. proposers to provide answers to the faction's view-f i and other members of PARLIAMENT. (3) the DPRD Plenary Meeting. as referred to in paragraph (2) of the draft Regulation proposal decided Areas such as: a. approval,. b. Approval by the alteration, or c. Penoakan. Article 20 (1). In the case of meetings Plenary rnemutuskan agreement with the conversion as dirnaksud in article 19 paragraph (3) in subparagraph b, the REPRESENTATIVES commissioned Balegda, the Commission, the Joint Commission or a Special Committee to improve the draft Regulations of the area. (2) the draft regulation of the areas that have been enhanced as intended in paragraph (1) is delivered with a letter to the Governor of LEGISLATIVE Leadership. (3) the DPRD Secretariat disseminate the draft local regulations that have been enhanced as intended in paragraph (1) to the people. The second part of the preparation of the draft Regulation on the initiative of the local government Area Article 21 (1). The preparation of the draft Regulation on the initiative of the local Government Areas is done based on Prolegda. (2) the preparation of the draft local regulations as referred to in subsection (1) is carried out by the proponent in accordance with SEGWAY scope of duties and responsibilities. (3) leadership of the SEGWAY and the preparation and drafting of the report the initiator of the draft local regulations as referred to in paragraph (2) to the Governor through Secretary. Pasat 22 (1). SEGWAY initiator in rnenyusun Draft local regulations setting up tertebih in the past Academic Manuscript about material that is set out in the draft Regulations. (2) the preparation of Academic Texts sebagairnana referred to in subsection (1) done by SEGWAY initiator coordinate with the DPRD and pelaksanaanny can be submitted to the College or third parties who have to hlian for this. (3) the academic Manuscript sebagairnaria referred to in paragraph (1) contains at least the background (grounding philosophical, juridical and sociological) issue identification, purpose and keguanaan, research methods, principles used material, charge, etc. (4) the provisions of the guidelines further Academic preparation as referred to in paragraph (3) subject to the regulations of the Governor. (5) in the event of a specific and special consideration, then the draft Perda as mentioned on paragraph (1) and paragraph (3) does not need to be grounded in Academic Texts. Article 23 (1). In the preparation of the draft local regulations as referred to in article 9 paragraph (2), SEGWAY initiator forming Teams Between SEGWAY.

(2) the membership of the team Between SEGWAY referred to in subsection (1) consists of the elements of the SEGWAY-related the substance of the draft local regulations. (3) Intercultural Team Leadership chaired by SEGWAY SEGWAY initiator and head of Bureau of Kukum serves as Secretary. (4) the team Between SEGWAY as referred to in paragraph (1) was formed after the Prolegda set. Article 24 (1). Datam order the establishment of Intercultural Team Leadership SEGWAY SEGWAY initiator as mentioned within the Article 11 paragraph (2) letter of request asking the Team membership Between SEGWAY SEGWAY Leadership related to effluent to the Sekretars area. (2) a letter of request sebagaiman referred to in paragraph (1) disertal with the conception, the fine points of matter, and things that can be memberkan overview of the material to be regulated in the draft local regulations. (3) leadership of the SEGWAY related as mentioned on paragraph (2) assigned to the competent authority takes the decision, legal experts and/or applicable local designers who technically master the material relating to the pewrmasalahan Draft local regulations. (4) the submission of the name peabat, legal experts. and/or designer of local regulations as referred to in paragraph (3) conducted the longest 7 (seven) han diterimnya after the date of a letter job perrnintaan by SEGWAY. (5) the leadership of SEGWAY initiator set the Decree Forming the team. Between SEGWAY at the latest 30 (three putuh) han's work since the tanggl Team membership request letter Between SEGWAY sebagamana referred to in paragraph (1). Article 25 (1). The preparation of the draft local regulations carried out by discussing the subject matter of the material settings are principled about the object which is set, range and direction settings. (2) Hasih the discussion subject matter material sebagaim na arrangement referred to in subsection (1) is the basis for the activities of design, process, in preparing and formulating the draft local regulations. (3) the activities of the design as intended on ay t (2) conducted by the law firm and its implementation be submitted to the College or other third parties who have the skill for it. (4) the results of the design as intended in paragraph (3) the next disampaikari to the team Between SEGWAY to examined for compliance with the settings as dirnaksud on mateni subsection (1). (5) the team Between SEGWAY in researching the draft local regulations sebagairnana dirnaksud in subsection (4) may invite experts and college environment, PARLIAMENT or organisations in the field of social, political, civic and other professions in accordance with their needs. (6) the Chairman of the team Between SEGWAY melapokan development peyusunan Draft local regulations and/or problems encountered to the leadership of the SEGWAY initiator to obtain a decision or direction. (7) the Chairman of the team Between the Final Draft formulation conveys the SEGWAY local regulations to the leadership of the initiator of the SEGWAY. Article 26 (1). In order completion the draft regulations. Areas, SEGWAY Design Regulations promulgated the initiator Region to masy rakat. (2) the results of the deployment as referred to padaayat (1) was made of materials by SEGWAY pernrakarsa to refine the draft local regulations.

(3) leadership of the initiator of the SEGWAY as referred to in paragraph (2) of the draft Regulations in the next report on the areas that have been refined through Governor kep da Secretary for Legislation on the Agenda presented to the area. Article 27 (1). In The Draft Regulations. Sebagaiman area in question. in article 26 paragraph (3) already has no problem anymore in terms of good and ubstansi maupuri in terms of technique and design of uhdangan-, Gubêrnur militate submits Rancangah Regulatory Area referred to the PARLIAMENT for discussion. (2) the leadership of PARLIAMENT submit Draft local regulations along with Academic Texts to the Legislation to do the study. (3) if the Agency has been conducting a study of the legislation referred to in paragraph (2) has been assessed and meets the parsyaratan, then the published recommendations of approval discussion of appropriate rules of conduct the DPRD. (4) Apabita the body of the Legislation referred to in paragraph (2) the judge has not yet qualified to get the recommendations discussion, then the draft document Supercede can be returned to local Government to come to the terms. (5) the draft Perda returned can be proposed again once fitted the requirements or bills by the Agency Legistasi for mendapatkn recommendation approval deliberations. The third part of the draft compilation of rules of the area outside the Prolegda of article 28 (1). In certain circumstances, LEGISLATIVE and/or Governor may draw up Draft Regulations outside area Prolegda after first asking pernberitahuan to both parties by including an explanation of the Draft Regulation sepsi ko pengatuiran area that is compiled. (2) certain Keadaari as referred to in subsection (1) is: a. carry out the policy of urging from the Government; b. revoking the region by Government Regulation; c. implementing the ruling of the Supreme Court; d. Overcoming extraordinary circumstances, conflict, or natural disasters; or e. any other certain circumstances ensure there is urgency the ata region a draft local regulations are filed. (3) the leadership of the PARLIAMENT commissioned Balegda to conduct a study of the top petition the Governor as referred to in paragraph (1). (4) Balegda in conducting the assessment referred to in paragraph (3) asking for an explanation and the view and local government, faction-fraction and commissions. (5). Balegda conveying the results of the assessment referred to in paragraph (4) to the leadership of the PARLIAMENT for approval. BAEVI DISCUSSION and ENDORSEMENT of the DRAFT LOCAL REGULATIONS is considered part of the discussion of the draft local regulations in PARLIAMENT to article 29 (1). Discussion of the design of the Peraituran areas in PARLIAMENT carried out together with the REPRESENTATIVES of the Governor based on the code of conduct of LEGISLATIVE Regulation.


(2) discussion of the Draft priority. determination of local regulations as referred to in paragraph (1) was based on the Legislation Agenda of the region. Article 30 (1). Discussion of the draft local regulations dlakukart meLatui 2 (two) level yaltu level talks the talk of unity and the second level. (2) the Union level Talks referred to in subsection (1) include the following: a. in the case of the draft local regulations are derived and the Governor. 1. description the Governor in a Plenary meeting of the rnengeai Draft local regulations. 2. General view of Fractions-fraction against which the local regulations. 3 responses and/or tawaban Governor General view against Faction-faction. b. in the event the draft local regulations originate and DPRD: 1. A description of the Agency's leadership of the Regional Legislation, the Chairman of the Commission, a joint pirnpinan Commission, or the Chairman for Special Committee. 2 opinion of the Governor against the draft local regulations. 3. comments and/or response to the opinion of the Governor. c. Discussion in the meetings of the Commission, or the Commission, or the joint Special Committee coordinated by the Balegda along with the Governor appointed officials of the ata to represent him. d. Draft Regulations final Studies in the Area of LEGISLATIVE Leadership pat R. (3) second-level Talks referred to in subsection (1) include the following: a. the taking of keputusani paripuna in the meeting which was preceded by: 1. Submission of the report of the Chairman of the House Special Committee/Balegda that contains the process of discussion, opinions and results of pernbicaraan fraction at previous levels. 2. Perrnintaan approval and members orally by the Chairman of the meeting Panipurna b. the delivery of the opinion of the late Governor. Article 31 (1). In terms of approval as referred to in article 30 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. (2) in respect of the draft regulations of the area found no mutual agreement as referred to in paragraph (1) the draft Regulation of the regional tsebut must not be filed again in the trial of LEGISLATIVE time. (3) Draft Discussion Mechanisms. Applicable local tent ng BUDGETS done follow provisions of legislation that benlaku. (4) the Agenda of the discussion and approval of the draft Per Area as referred to paragraph turan (3) regulated by PARLIAMENT. Article 32 (1). Draft local regulations can be withdrawn before it is discussed by the House of representatives and the Governor. (2) withdrawal of the draft local regulations sbagaimana referred to in subsection (1) by the DPRD, performed with the decision of the leadership of the PARLIAMENT with the reason of withdrawal. (3) the recall of Draft local regulations sbagaimana referred to in subsection (1) by the Governor done by letter the Governor accompanied reasons of withdrawal. (4) the draft regulation of the area being discussed his h be drawn back upon mutual agreement of PARLIAMENT and the Governor. (5) Penankan back the draft local regulations seb gaimana mentioned on paragraph (4) can only be made in the Plenary meeting of the PARLIAMENT attended by Gubemur. (6) the draft Regulations areas that withdrawn tid k may be submitted again during the same session. The second part PenetapanlPengesahan Pasat 33 (1). The Agency shared areas of Legislation the law firm melakuk n sync and harrnonisasi over the Raperda that will be approved by LEGISLATORS and the Governor. (2) the approval of PARLIAMENT for the determination of the Raperda become Perda poured in the form of LEGISLATIVE Decisions. (3) the draft regulation of the areas that have been approved jointly by the PARLIAMENT and the Governor delivered by PARLIAMENT to the Governor to set to become Regional Regulations. (4) the submission of the draft local regulations as referred to in subsection (1) is carried out within a period of 7 (seven) days from the date of approval of the joint. (5) the Secretary performs the preparation of the draft texts of the regional Regulatory Area referred to in subsection (1) for the selanjuttya set by the Governor. Article 34 (1). Manuscript Draft local regulations as stipulated in article 33 paragraph (1) is defined by the Gubemur affix signs with tags n. (2) the signing by the Governor as referred to in subsection (1) is carried out within a period of not longer than 30 (thirty) days since the drafts of the Regulations approved by LEGISLATORS and the Governor. Article 35 (1). In the event the draft local regulations not ditn a handle by the Governor within the period referred to in Article 34 paragraph (2), the draft Regulations the regulations are being legitimately Derah Area and enacted. (2) the sentence of the draft Regulation for the endorsement of the sebagairnana Area referred to in subsection (1) reads: "regulation of this area was declared valid." (3) the sentence an endorsement referred to in subsection (2) must be affixed on the last page of local regulations prior to enactment of regulatory texts Area into the sheet area. (4) the text of the regulation area that had emblazoned the phrase pengesahar as referred to in paragraph (3) the number and year of labelled in the Regional Secretariat and enacted by the Secretary. Article 36 In the event of a difference of words or sentences on the s tu or some article of the regulation of areas that have been defined and enacted then the manuscript has the force of law is the manuscript Draft local regulations which had been approved in a Plenary meeting of the PARLIAMENT. The third part of the evaluation of the draft local regulations of article 37 (1). Regulatory areas that have been approved along with nt ra PARLIAMENT and communicated to Government Gubemur the longest 7 (seven) days after the set. (2) if the Government cancels the applicable local y ng delivered as intended in paragraph (1), the Governor shared the leadership of the PARLIAMENT discusses the presidential regulation concerning the annulment of the regulation of the area. (3) in the event of the Governor's joint PARLIAMENT accept the decision annulment as in paragraph (2), the Governor submits the draft local regulations repeal the regulatory Area to the DPRD to be discussed and approved along the longest 7 (seven) days after the cancellation sebagaiman decision referred to in paragraph (2). (4) in the case of REGIONAL joint local government tidakdapat receive the cancellation decision as referred to in paragraph (2) with the reason that can be justified by the legislation, the Gubemur filed objections kep da Supreme Court.

(5) if the Government does not issue a presidential regulation to cancel local regulations as referred to in paragraph (2) of the regulation, the area in question is declared valid. Article 38 (1). Draft local regulations relating to income and Budget shopping districts, local tax, a levy on the area, and Spatial areas that have been agreed between PARLIAMENT and the Governor of sêbêlum was set at least 7 (seven) days delivered the Governor to the Secretary of the Interior to be held evatuasi. (2) if the Minister of the Interior declared the results of the evaluation of the draft Regulation Derah as mentioned on paragraph (1) is in compliance with the public interest and the legislation, the Governor sets out Draft Rules the area become local regulations. (3) if the Minister is in the Negeni State the results of the evaluation of the draft local regulations as referred to in subsection (1) is contrary to the public interest and the legislation, the Governor shared PARLIAMENT do most long refinement of 7 (seven) days as of receipt of the evaluation results since. (4) Against the results of refinement as referred to in paragraph (3), the Chairman of PARLIAMENT set the approval and reported on the Meeting of LEGISLATIVE Panipurna. (5) the draft regulation of the areas that have been perfected and has received the approval of PARLIAMENT, the Governor then menyampailkan to the Minister of the Interior. CHAPTER VII ENACTMENT and DISSEMINATION of REGIONAL REGULATIONS Article 39 (1). Any local regulations enacted by putting them in the piece patkannya area. (2) an explanation of the regulatory Area referred to in subsection (1) is placed in an additional Sheet area. (3) Enactment of regulatory Regions and a description Per turan Area as referred to in paragraph (1) and paragraph (2) was conducted by the Secretary not later than 30 (thirty) days as of the draft Regulations since the region was signed by the Governor. (4) the Secretary of the Region as mentioned on ayt (3) signed: a. Lernbaran sebagairnana Areas referred to in paragraph (1) with the number and year. b. Additional sheets of the region as mentioned on ay t (2) with the number. (5) the Secretary of the Region signed the enactment of regulatory regions with appended his signature on the paper Rule of the area. (6) the text Rule ditandatangni sebagairnana areas that have been referred to in subsection (5) are kept by the law firm in accordance with the provisions of the legislation. Article 40 (1). Any local regulations that have enacted mandatory areas of Sheets d lam disseminated to the public. (2) Dissemination of regional Regulations as referred to in paragraph (1) aims to let the public know and understand anything contained in the rules of the area so as to implement the provisions of the regulations of the area in question. (3) Dissemination of regional Regulations referred to in subsection (1) is carried out by local governments through: a. print b. electronic c. the way Media Iainnya.


Article 41 (1). Within the framework of dissemination through the media of the cetk as stipulated in article 40 paragraph (2) letter a, local government: a. Deliver a copy of the authentic local regulations along with the explanation that has been enacted in the Area and additional Sheets Sheet Area to the DPRD, Ministry/Department of Non Government agencies, SEGWAY and related parties. b. Provide salman local regulations along with the explanation that has been enacted in the Area and additional Sheets Sheet Area for communities in need. (2) certain parties requiring saliman authentic local regulations as referred to in paragraph (1) may submit a request to the Secretary through the Area. The Head Of The Law Firm. Article 42 (1). In the framework of dissemination through electronic media, referred to within the article 40 paragraph (3) letter b, local governments can disseminate information applicable local and Internet-based TV. (2) the provisions of Iebih information on the Internet-based local regulations set forth in the regulations of the Governor. Article 43 (1). In the framework of dissemination of laws and regulations in any other way as referred to in article 40 paragraph (2) Letter c, local governments do dissemination, applicable local and/or rnelibatkan representatives of community groups. (2). Socialization referred to in subsection (1) done by face-to-face or direct dialogue, in the form of lectures, workshops/seminars, scientific meetings, our press and other ways. CHAPTER VIII IMPLEMENTING REGULATIONS APPLICABLE LOCAL Article 44 (1). To carry out the local regulations, the Governor may set Regulations Gubemur and/or Gubemur Decisions. (2) Regulations of the Governor and/or the Governor's Decision as referred to in paragraph (1), banned is contrary to the public interest, local regulations and laws and regulations. Article 45 (1). Any mandatory local regulations specify the deadline for the determination of the Governor's Rule as a guide the implementation of local regulations. (2) the time limit of the assignment Rules Governor sebagaim na referred to in subsection (1) at the latest 1 (one) year since the local regulations are enacted. CHAPTER IX COMMUNITY PARTICIPATION is considered part of the Urn urn Article 46 (1). Individuals or groups of people have the right to acquire or obtain the information clearly and accurately plan against peyusunan and the discussion of the draft local regulations.

(2) individuals or groups of people entitled to convey the feedbacks within the formation of local regulations both at the stage of planning, preparation and discussion of the draft Regulation Oaerah. CHAPTER X FUNDING of article 47 (1). All fees required Regional Regulations in the formation of charged on revenue and Budget Shopping area. (2) the funding referred to in paragraph (1) covers the process of planning, drafting, discussion, assignment/endorsement, enactment and penyebaluasan local regulations. Article 48 Posts anggarart fee is used as intended in article 47 paragraph (2) as follows: (1) the DPRD Secretariat budget Heading for the draft local regulations which is a LEGISLATIVE initiative. (2) Post budget law firm to Draft local regulations derived from the local government. (3) the budget cost of LEGISLATIVE Initiatives discussed together Raperda Agency Legistasi Sekretaniat area with the DPRD budget costs while the Raperda that comes from the Pemeritah Area are discussed along with the law firm and Financial Bureau as well as the SEGWAY. (4) the mechanism and setting the post budget as referred to in paragraph (1), subsection (2) and paragraph (3) is subject to further good-value Rule Gubemur. CHAPTER XI TRANSITIONAL PROVISIONS Article 49 for the first time, Prolegda set no later than 3 (three) months since Peranturan this area comes into force. CHAPTER XII CLOSING PROVISIONS Pasat 50 area is Regulation entered into force on the date of enactment so that everyone knows it, ordered the enactment of regulations in this Area with penernpatannya in the piece area of West Sulawesi province. Set in the Mamuju on July 12, 2010 WEST SULAWESI GOVERNOR h. ANWAR ADNAN SALER Enacted in Mamuju on July 12, 2010 SECRETARY of WEST SULAWESI PROVINCE, REGION h. m. ARSYAD RICHARD SHEET REGION of WEST SULAWESI PROVINCE in 2010 number 03 EXPLANATION of REGULATORY REGION of WEST SULAWESI PROVINCE NUMBER of 2010 on the ESTABLISHMENT of LOCAL REGULATIONS i. GENERAL Implementation in konsepsional autonomous region has brought a shift in the Organization of the system of local governance , of the implementation of the system of Government becomes desentraisitik. One of the implications of this shift is perceived and the creation of a positive nuance within the Organization of the autonomous region that leads to the realization of the democratization and independence of the region. Through the current regional autonomy, have the authority and discretion to manage independently the Affairs of ra sec to become the regional authority, including the authority to establish local regulations. Local regulations is one of the types of legislation as a source of law and means of development in the region in improving the welfare of the community. In accordance with Article 12 of Act No. 10 of 2004 on the establishment of Regulations, Regulatory regions of charge material is the whole matter of charges in connection with the Organization of the autonomous region and the task pembantuan and accommodate special conditions the region as well as the elaboration of further legislation. Draft local regulations can originate and suggested initiatives regional representative Council (DPRD) or on the initiative of the Governor. The mechanism of filing the proposal of initiatives/initiatives, community involvement and discussion mechanism d l m drafting and discussion of local regulations set more detailed and clear through the ketentun local regulations drawn up. In an effort to build an orderly administration and improving the quality of drafting of legislation in the area of Legislation, needs to be compiled Program area (Prolegda). It is hoped through the Prolegda drafting local regulations can be more planned, integrated and systematic way and keep the products of regional legislation remain in unity sisitem national law. To improve the quality of local regulations, then PARLIAMENT and local governments open up the existence of community participation to participate in the formation of the plan, the preparation and discussion of the Prolegda and the draft Perturan area. Public participation is done through the dissemination of clear and accurate information as well as ample opportunity to participate in all stages of the formation of pembahaan and Prolegda as well as the draft local regulations. II. For the SAKE of ARTICLE ARTICLE article 1 quite clearly article 2 paragraph (1) sufficiently clear paragraph (2) letter a is the "clarity of purpose" is that each establishment of the Legislation must have the clear objective to achieve. The letter b is the principle of "institutional or organ-forming proper" is that each type of Regulation Perundartg-invitation should be made by the institutions/officials Forming Legislation authorized. These regulations can be undone tau annulled by law, when made by agencies/officials. The letter c is the basis of the "alignment of the type of material the da charge" is that in the formation of Legislation should really pay attention to the proper charge material with the kind of Regulation Perundang-undangannya. The letter d is the basis of "enforceable" is that each establishment of Legislation should take into account the effectiveness of the Legislation within the community, whether philosophical, juridical as well as sociological. The letter e is the basis of "navigability and kehasilgunaan" is that any Legislation is made because it is really necessary and beneficial in regulating social life, and benegara. The letter f is the basis of "clarity of formulation" is that any Legislation must meet the technical requirements of Drafting Legislation, systematics d n word choice or terninologi, as well as the language of the law is clear and understandable, so that muudah does not give rise to a variety of interpensi in its execution. The letter g is the principle of "openness" is that in the process of formation of the Regulations starting from the planning, the preparation, the drafting and discussion of the nature of transpa and open. Thus all walks of life mempunyal the existence of opportunities to provide input in the making of Regulations Perundan-invitation. Article 3 paragraph (1) letter a is a "basic shelter" is that seti p Material Charges Regulations Perudang-invitation should function provides protection in order to create harmony in society. The letter b Which dmaksud with the "basic humanity" is that any material Charge-undangn Laws should reflect the protection and respect of human rights and the dignity and the dignity of every citizen and resident of Indonesia in proporsinal Letter c the definition of "nationality" principle is that seti p Material Charge Legislation must be mencerminikan the nature and character of the nation of Indonesia that pluralistic (promoting diversity) while maintaining the principle of the unitary State of the Republic of Indonesia. Hurufd is a "principle of family" is that any material Charges and regulations should reflect deliberation for consensus in any decision making.


The letter e is the "kenusantaraan principle" is that any material Charges and regulations always pay attention to the interests of all regions of Indonesia and material charges and regulations made in the region is part of the national legal systems are based on Pancasila. The letter f is the "principle of bhinneka tunggal ika" is that any Material Charge Legislation should pay attention to the keragamari of the population, religion, tribe, and the specific conditions of the region, and particularly cultural issues that concern ensitif in the life of society, nation and State. The letter g is a "fundamental justice" is that seti p Material Charges and regulations should reflect justice proportionately for every citizen without exception. The letter h is the "principle of equality in the law and the Government's position" is that any material Laws-Charge invitation should not contain things which are distinguished based on the background, among other things, religion, tribe, race, golon, gender, or social status. The letter i is a "principle of public order and legal certainty" is that any material Regulatory Perundangundangan should Charge may give rise to public order in society through jamn n certainty of law. The letter j is a "principle of balance, harmony and alignment" is that any material Charges and regulations should reflect the balance, harmony, and the harmony between individual and community interests with the interests of the nation and the State. Paragraph (2) the definition of "other basis in accordance with the law and regulations in question", among other things: a. In criminal law, for example, the principle of legality, the principle of no punishment without errors, the basic construction of the inmates, and the principle of presumption of innocence t k. b. in the civil law, for example, in the law of treaties, among other things, the principle of freedom of contracts, agreements, and goodwill. Article 4 paragraph (1) sufficiently clear paragraph (2) is "contrary to the General kepentinga" in this provision is the result in the disruption of harmony between citizens, disruption of public services, and disruption of peace/public order as well as the discriminatory policy. Article 5 paragraph (1) sufficiently clear paragraph (2) sufficiently clear article 6 paragraph (1) sufficiently clear paragraph (2) sufficiently clear article 7 paragraph (1) sufficiently clear article 8 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) Long-term development plan Area is regional development planning document drawn up for the period 20 (two pu) uh) years. The area long-term development plan is the regional development planning document drawn up for the period of 5 (five) years. Annual Regional development plan or so-called local government work plan (RKPD) is the regional planning document for the period I (one) year. Subsection (4) is quite clear Verses (5) sufficiently clear article 9 is quite clear article 10 paragraph (1) sufficiently clear paragraph (2) to gather a variety of input in Balegda and/or materials invited representatives of community groups be it and among academics, the media, NGOs and parties related directly or indirectly towards the preparation of this Prolegda. In addition to an invitation that specifically granted the Balegda through the Sekretaniat PARLIAMENT will inform the activities referred to in the West Sulawesi PARLIAMENT website so that the public knows it. Paragraph (3) the principal explanation for the Material Prolegda materials compiled by following the provisions as referred to in article 7. When possible, the submission of a plan of drafting local regulations in the Prolegda include the Academic Manuscript Draft local regulations is proposed. Subsection (4) is quite clear Verses (5) sufficiently clear article 11 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) the principal explanation for the Material Prolegda materials compiled by following the provisions as referred to in article 7. When possible, the submission of a plan of drafting local regulations in the film include Academic/Prolegda Ranangan local regulations is proposed. Paragraph 4 sufficiently clear paragraph 5 is quite clear Verses (6) quite clear paragraph (7) of article 12 is pretty clear pretty obvious Article 13 Article 14 is quite clear clear enough Article 15 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) if in the discussion of the Agenda of the regional Legislation, LEGISLATORS and the Governor delivered a Draft local regulations concerning the same matter y. ng, then discussed the draft Regulation is an area that has put forward by PARLIAMENT in While the draft regulation to the Area by the Governor of disampaikn was used as a basis for dipersandingkan. Subsection (4) is quite clear Verses (5) sufficiently clear paragraph (6) is quite clear article 16 paragraph (1) sufficiently clear paragraph (2) the provisions concerning the number of members who proposed the Rcangan Peraturar Area of LEGISLATIVE regulations regarding the Conduct of PARLIAMENT. Article 17 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) in principle all script Draft local regulations submitted 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 Manuscript may be accompanied or not accompanied by the academic Texts. The preparation of Academic Texts in an lingku of LEGISLATIVE Drafting guidelines drafted Script Academic rules and regulations the Minister of Law and human rights Republic of Indonesia. Paragraph (4) That the study was conducted in the form of preparation of Academic Texts to supplement the draft Regulations proposed by the region of proposers or kajan to analyse in greater depth the impact caused from the submission of the draft regulations of the area in question. Balegda can submit Academic Manuscripts along with preparing the Draft regulations of the region or the study referred to colleges or other third parties who have the skill for it. Article 18 article 19 clearly Quite clear enough article 20 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) Deployment Draft local regulations made through LEGISLATIVE Website, print and electronic media, as well as circular in the region so that people megetahui the existence of the draft local regulations proposed by PARLIAMENT for further discussed together with the Pemerirrtah of the region. Thus the public can provide input for any content of the draft Regulation the proposed Area. Article 21 Article 22 Paragraph is quite clear (1) sufficiently clear paragraph (2) referred to the Coordination carried out by inviting Parties to PARLIAMENT in discussing the scope of the material shall be arranged in the preparation of Academic Texts. Paragraph (3) sufficiently clear paragraph (4) sufficiently clear Paragraph (5) of the draft Perda drafted need not be based on Academic Texts include: Budget revenue and Spending areas, the budget income and Expenditure Calculation changes, and Area/NATIONAL ksanaan and MOP Accountability Raperda that revision already have previous academic Texts. Pasa1 Quite 23rd jeas Article 24 Article 25 is quite clear clear enough Article 26 subsection (1) Deployment Draft local regulations is done through local Government Website, print and electronic media, as well as circular in the region so that people know the existence of the draft local regulations that are being drafted by the local government. Thus society d pat provide input of material the draft local regulations drafted ter. ebut Paragraph (2) sufficiently clear paragraph (3) sufficiently clear article 27 Article 28 is pretty clear pretty obvious Article 29 Article 30 Paragraph is quite clear (1) sufficiently clear paragraph (2) in the discussion of the draft local regulations, PARLIAMENT commissioned Balegda to coordinate implementation of the meetings in question. The discussion was conducted in a joint meeting between the Balegda and the related Commission along with Governors or officials appointed. Balegda can also invite or official representatives of community groups to provide input in the discussion of the draft regulations of the area. In the discussion of the draft local regulations, PARLIAMENT can also form a Special Committee whose membership is composed of the elements Balegda and related Commissions. Paragraph (3) sufficiently clear article 31 Article 32 is pretty clear pretty obvious Article 33 Article 34 is quite clear clear enough Article 35 Article 36 is quite clear clear enough Article 37 paragraph (1) sufficiently clear paragraph (2) of the regulation of the regional Government revoked when judged contrary to the public interest and/or regulations. The cancellation of the local regulations made through presidential regulation that set the longest 60 (sixty) days from receipt of the Regulations. Paragraph (3) sufficiently clear paragraph (4) is quite clear Verses (5) sufficiently clear Article 38 paragraph (1) the definition of the evaluation in this paragraph is aimed at the achievement of harmony between national policies and regional policy, harmony between the public interest and the interests of the apparatus, as well as un the uk researching the extent to which the material in the regulation of those areas well know BUDGETS, tax and Regional Levies as well as the regional Spatial Plan does not bertentanga with common interests , higher regulation, and Supercede others. The results of the evaluation are communicated by the Minister of the Interior to the Governor most lamb t 15 (fifteen) days as of receipt of the draft referred to ever since. Paragraph (2) sufficiently clear paragraph (3) sufficiently clear paragraph (4) is quite clear Verses (5) sufficiently clear Article 39 paragraph (1)


With the enacted local regulations in the Gazette the area then any person deemed to have figure it out. Paragraph (2) sufficiently clear paragraph (3) sufficiently clear paragraph (4) is quite clear Verses (5) sufficiently clear paragraph (6) of article 40 is pretty clear pretty obvious Article 41 Article 42 is pretty clear pretty obvious Article 43 paragraph (1) in conducting dissemination local regulations, local Governments undertook to involve both PARLIAMENT and the Commission related or Balegda, as the parties involved in the formation of Regional Regulations dirnaksud. Paragraph (2) of article 44 jeas Quite clear enough Pasat 45 clear enough Article 46 Article 47 is pretty clear pretty obvious Article 48 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) the preparation of the draft budget the establishment of local regulations, whether unaccompanied or on the initiative of REGIONAL and local governments allocated proportionally in PARLIAMENT Secretariat and the Secretariat of the law firm Dacrah. Paragraph (4) sufficiently clear Article 49 article 50 quite obviously quite clearly ADDITIONAL SHEET AREA WEST SULAWESI PROVINCE NUMBER 50