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Regional Regulation Number 3 Of 2010

Original Language Title: Peraturan Daerah Nomor 3 Tahun 2010

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REGULATION OF THE PROVINCE OF WEST SULAWESI

NUMBER 03 IN 2010

ABOUT

ESTABLISHMENT OF COUNTY REGULATION

WITH THE GRACE OF GOD ALMIGHTY ESA

GOVERNOR OF WEST SULAWESI,

a. Weigh: a. that the Regional Regulation is the law

in the area of the form in order for regional autonomy and the duties of the host, housing special conditions and further definitions of the laws of the laws of the law. higher;

b. that the establishment of the Regional Regulation as referred to in the letter a, needs to be in the form of the Rule of Derah as a reference and guideline in the holding of an area government effective by the Local Government with the Regional People's Representative Council. The province of West Sulawesi is designated the decision of the Governor of West Sulawesi;

c. that based on consideration as a letter, and b, need to form the Regional Regulation on the Establishment of the Regional Regulations.

Given: 1. Article 18 of the paragraph (6) of the Basic Law of the Republic of Indonesia

In 1945; 2. Law No. 10 of the Year 2004 on the Establishment

Regulation of Negotiations (Sheet State Of The Republic Of Indonesia 2004 Number 53, Additional Leaf Of State Repubiik Indonesia Number 4389);

3. Law No. 25 of 2004 on National Development Planning System (2004 Indonesian State Sheet Number 104, Additional Gazette of the Republic of Indonesia No. 4421);

4. The Namor Act of 26 Years 2004 on the Establishment of the Province of West Sulawesi (Indonesian Republic of Indonesia Year 2004 Number 105, Additional Gazette of the Republic of Indonesia Number 4422);

5. The Nornor Act is 32 years 2004 on the Government of the State (Indonesian Republic of Indonesia Year 2004 Number 125, Additional Gazette of the State of Indonesia No. 4437) as amended several times, the last with the Invite Nornor 12 Years 2008 On The Second Change Of The Number 32 Year Act 2004 On The Government Of A Region (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);

6. Law No. 27 of 2009 on the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional Representative Council (2009 Republic of the Republic of Indonesia 2009 number 123, additional Gazette of the Republic of the Republic of Indonesia) Indonesia No. 5043);

7. Government Regulation No. 41 of 2007 on the Organization of Regional Devices (State Sheet of Indonesia Year 2007 Number 89, Additional Gazette of the Republic of Indonesia Number 4741);

8. Government Regulation No. 16 of 2010 on the Drafting Guidelines Of The Regional People ' s Representative Council On The Order Of The Chamber Of Representatives Of The Local People (sheet Of State Of The Republic Of Indonesia In 2010 Number 89, Additional Gazette Of The Republic Of State Indonesia No. 5104);

9. Presidential Decree No. 1 of 2007 on Unrest, Invitation and Dissemination Of The Ordinance-Undangan;

10. Province Of West Sulawesi Province Number 1 Year 2009 About The Organization And Working Tata Secretariat Of The Province Of West Sulawesi (area Of West Sulawesi Province 2009 Number 1, Additional Sheet Area Of West Sulawesi Province Number 34);

11. Area Regulation of West Sulawesi Province No. 2 Year 2009 on Organization and Working Governance of the Secretariat of the Regional People's Representative Council of West Sulawesi (West Sulawesi province of 2009 Number 2, Additional Sheet Area) Province of West Sulawesi No. 35);

12. Province Of West Sulawesi Province Number 3 Year 2009 On The Organization And Working Tata Of The Province Of West Sulawesi Province (section Of West Sulawesi Province 2009 Number 3, Additional Sheet Area Of West Sulawesi Province Number 36);

13. Province of West Sulawesi Province Number 4 Year 2009 on the Organization and Work of the Inspectorate, Development Planning Board, Research and Development of the Regional Sert Regional Technical Institute Area Of West Sulawesi Province (sheet Of Province Of The Province) West Sulawesi In 2009 Number 4, Extra Sheet Area Of West Suiawesi Province Number 37);

14. Province Of West Sulawesi Province Number 6 Year 2009 On Government Affairs Which Became The Authority Of Government Of The Province Of West Sulawesi Province (Leaf Section Of West Sulawesi Province 2009 Number 6, Additional Sheet Province West Sulawesi Number 39);

With the Agreement

REPRESENTATIVES OF THE PEOPLE OF WEST SULAWESI PROVINCE

AND

GOVERNOR OF WEST SULAWESI

DECIDE:

Establits: AREA REGULATIONS ON THE ESTABLISHMENT OF LOCAL REGULATIONS

PIGS COMMON PROVISIONS

Article I

In this Region Regulation referred to:

1. Area is West Sulawesi Province. 2. Local Government is a Smuggling of government affairs by local government

and DPRD according to asas autonomy and governance duties with principles of autonomy-breadth in system and principle United States of the Republic of Indonesia as referred to in the Constitution of the Republic of Indonesia of Indonesia in 1945.

3. The Regional Government is the Governor and the device of the region's various elements of the local government.

4. The Governor is the Regional Head of West Sulawesi Province. 5. The Regional People's Representative Council (DPRD) is the institution

the regional representative of the province of West Sulawesi as an organizer of the local government.

6. The Regional Secretariat is the Regional Secretariat of the Province of West Sulawesi. 7. The Regional Secretary is the Regional Secretary of West Sulawesi Province. 8. The Secretariat of the Regional People's Representative Council (DPRD) is the Secretariat of the People's Representative Council of the Regional People's Representative Council of West Sulawesi. 9. Balegda is the permanent tool of the Council

The Permanent Representative of the Regional People's Region of West Sulawesi Province and serves the function of the legislation in the handling of planning, study and evaluation of the formation and implementation of the Regional Regulation.

10. The next unit of unit work, abbreviated as SKPD, is a unit of work for the Government of the Western SulawesI Province.

11. Bureau of Law is the Law Bureau of the Secretariat of the Province of West Sulawesi Province, 12. The Regional Regulations are the laws formed by the DPRD with

agreement with the Governor of West Sulawesi Province. 13. The establishment of the Regional Rule is the process of creating Per turan Area that in

essentially begins and planning, preparation, technical pe yusunan, formulation, discussion, assignment/attestation and dissemination.

14. Prolegda's next regional legislation program is an instrument planning program in which the Regional Regulations are organized, planned, integrated and systematic.

15. Tata Orderly is the Order of the People's Council of the People Region of West Sulawesi. 16. The Governor's Rule is the rule established by the Governor as a guide

the implementation of the Regional Regulation. 17. The role as well as the public is community engagement in the formation of Regulations

Regions.

BAB II

ASAS FORMATION AND MATER! MUTE

Article 2

(1). Regional regulations are established under the principles of the formation of good laws.

(2). Asas as referred to in verse (1) include: a. Clarity of purpose. B. Institutional or proper organ-forming organs. C. Conformance between the type and the charge material. D. It can be done. e. The wisdom and the usefulness. f. The clarity of rumour, and g. Openness.

Article 3

(1). Area Rule Charge Materials must contain asas: a. It's a sioman. h. Humanity. C. Nationality.

d. Family. e. Give me a hand. f. Bhinneka Singular Ika. G. Justice. h. The common ground in law and government. I. An indefinite and legal certainty, and a j. Balance, uniformity and alignment.

(2). In addition to asas as referred to in paragraph (1), certain Regional Regulations may contain other asas in accordance with the fields of hukurn in question.

Article 4

(1). Area Regulation Charge Materials are all charge materials in the ranka: a. The establishment of regional autonomy and the duties of the host b. It hosts specific areas of the area, and c. Further definitions of higher law regulations.

(2). The Regional Rules as referred to in paragraph (1) are prohibited in conflict with

common interests and/or higher laws.

BAB III

STAGES OF FORMATION, TYPE AND FORM

PRODUCT OF LAW LOCALE

Part Kesatu

Tahapan Establishment of Regional Regulations

Article 5

(1). The formation of the Regional Regulations was implemented through several stages. (2). The (1) paragraph is:

a. Planning. B. Drafting. C. The discussion. D. Assignment. e. The invitational, and f. Dissemination.

The Second Part

The Kind And Form Of Local Law Products

Article 6

(1). The drafting of the Regional Regulation is carried out in accordance with the type and form of the law, consisting of: a. Rule of Derah b. Governor c's rules. The Governor's Joint Rules. The decision of Gubemur; and e. The Governor's Indestructor

(2). The provisions of the type and shape of the region's legal products as referred to in

paragraph (1) are listed in an inseparable attachment from the Mi County Regulation.

PLANNING

Part Atu

General

Section 7

(1). Planning for the establishment of the Regional Regulation is conducted in a Prolegda. (2). Prolegda as in paragraph (1) contains a Rule Design arrangement

The area that is accompanied by an explanation of the subject matter of the arrangement and its relation to other laws.

(3). The underlying explanation of the set materials as referred to in paragraph (2) is composed including: a. The background and purpose of the drafting. B. Targets and settings. C. The points of mind, scope or object to be set up d. The range and direction of setting.

Article 8

(1). Prolegides are arranged together between the DPRD and the Government of the Regions in a planned, unified and systemical system.

(2). The composition of Prolegda as referred to in verse (1) is encoded by the DPRD through Balegda.

(3). Prolegda is compiled by considering the Regional Long-Term Development Plan Area Plan, the Regional Intermediate-Term Development Plan and the Regional Annual Development Plan.

(4). Prolegda is composed for a term of 5 (five) thun with a determination of the priority scale formation of the Regional Regulation Plan set as a p-year.

(5). The Prolegda's dismay as a nana referred to in ay t (4) is discussed and set to be due at the beginning of the first year of the reign of the DPRD.

Article 9

Prolegda is redeemed by melalul Nota Deal anatara Leadership of the DPRD with Gubemur.

Second Section

The Drafting of Prolegda Design

Article 10

(1). The drafting of the Prolegda Design in the Environment of the DPRD is codified by Balegda. (2). Balegdes as referred to in verse (1) ask for input to the fractions,

commissions as well as representative of the community group against the proposed Regional Rule Design plan in the Prolegda Design.

(3). The plan of drafting the Regional Rule as a part of the verse in verse (2) is proposed to include an explanation of the subject matter on the tour as well as the Academic Script.

(4). The design of Prolegda as referring to ay t (2) and verse (3) is verified by Balegda to be later reported to the Chairman of the DPRD.

(5). The leadership of the OPRD addresses the Prolegda proposal of n DPRD as referred to as verse (4) to the Governor in a Council meeting of the DPRD to be discussed.

Article 11

(1). The drafting of the Prolegda Design in the Regional Government Environment is coordinated by the Regional Secretaries of Regions which are technically conducted by the Bureau of Law.

(2). The Regional Secretary requested a plan for the drafting of the Regional Regulations to each SKPD in accordance with the scope of their respective duties and responsibilities.

(3). The plan of drafting the Regional Rule B gaimana referred to in verse (2) is proposed by including an explanation of the subject matter which will be set as well as the Academic Script.

(4). The verification of the proposed Regional Rule Plan as referred to in paragraph (2) and paragraph (3) is conducted through a consultation forum coordinated by the Regional Secretary by involving the related SKPD.

(5). A consultation forum as referred to in verse (4) may involve experts from the community of colleges and organizations in the social, political, profession or other penitentiary according to the need.

(6). The Regional Secretary reported the verified Prolegda Design as referred to in paragraph (4) to the Governor.

(7). Gubemur rnenydeliver Design Prolegda The proposal of the Local Government as referred to (1) in the Council Meeting of the DPRD to be held for discussion.

Third Part

The Prolegda Design

Article 12

(1). The discussion of the Prolegda Plan was conducted with the arttara DPRD and Gubemur. (2). The discussion of the Prolegda as referred to in ay t (1) is coordinated by Balegda

representing the DPRD and the Regional Secretary representing the Governor. (3). The results of Prolegda ' s discussion as referred to in verse (2) are reported by Balegda

to the Leadership of the DPRD and by the Secretary of the Regions to the Governor. (4). The approval of Prolegda's discussion as referred to in verse (3) is done

rneran the signing of the Nota Agreement between the Speaker of the DPRD and the Governor. (5). The agenda of the discussion and approval of Prolegda as referred to in paragraph (4) is set

further by the DPRD.

Fourth Quarter

Regional Legislation Agenda

Article 13

(1). The DPRD and the Governor in the implementation of Prolegda set the annual priority of the discussion of the Regional Regulation Plan through the Regional Agenda L Gislation.

(2). The drafting of the agenda of the Regional Legislation Agenda in the States of DPRD as referred to in verse (1) is coordinated by Balegda.

(3). Balegda proposed the input of the Fractions and Commissions Commission as well as representative of the community group against the Regional Regulation Plan that p was ushered in on the Agenda of the Regional Legislation as a dirnaksud in verse (2).

(4). Balegda is verifying and compiling the priority of the discussion of the Regional Regulation on the Agenda of Daeran Legislation as dim ksud in verse (3) to further be addressed to the Leader of the DPRD.

(5). The leadership of the Council of DPRD addresses the Draft Agenda of the Regional Legislation Agenda as referred to in verse (4) to be discussed together with the Governor.

Article 14

(1). The presentation of the draft Agenda Agenda The Local Government in the Regional Government as referred to in Pasat 13 verses (1) is encoded by the Regional Secretary.

(2). The Regional Secretary performs the verification and arranges priorities for the Regional Regulation Design which has been submitted by SKPD.

(3). The Regional Secretary reports the results of the verification as referred to in paragraph (2) to the Governor to be delivered to the Pimpirian DPRD as the Draft Agenda of the Regional Legislation Agenda in the Regional Government environment.

Article 15

(1). The discussion of the draft agenda for the Regional Legislacy is carried out between the DPRD and the Gubemur.

(2). The discussion of the agenda of the legislation of the Regions as referred to as verse (1) is coordinated by Balegda representing the DPRD and the Secretary of the Regions representing the Governor.

(3). The Respiratory Agenda of the Regions as contemplated in verse (1) makes up the priorities of the Regional Regulation Plan discussed during the 1 (one) budget year.

(4). The results of the Agenda of the Regional Legislation Agenda as na referred to in verse (2) are reported by Balegda to the leadership of the DPRD and by the Secretary D surrender to the Governor.

(5). The agreement of the State Legislation Agenda is referred to in verse (4) conducted through the signing of the Nota Agreement on the Council of Representatives with the Governor at the beginning of the third month at the beginning of the session of the Council of Representatives.

(6). The agenda of the discussion and approval of the Agenda of the Regional Legislation Agenda as a means of verse (1) is set up further o) eh DPRD.

BAB V

TATA WAYS OF DRAFTING

PERPTURAN AREA

PasatI 16

(1). The design of the Regional Regulations may be from the DPRD or the Governor. (2). The draft of the Regional Regulation which is derived from the DPRD or Gubemur is accompanied by an explanation or

captions and/or Akadernik scripts. (3). The draft of the Regional Regulation as referred to in paragraph (1) is submitted based on

the area Legislation program. (4). Certain circumstances, the DPRD or the Governor may submit a Rule Plan

The area outside the regional legalization program.

Section of the Kesatu

The drafting of the Regional Regulatory Plan

Upper Precarsa of the DPRD

Article 17

(1). A draft of the Regional Regulation that is derived from the DPRD may be submitted by members of the DPRD, the Commission, the Joint Commission or the Regional Legislation Agency as a party to the DPRD Ordinance Ordinance.

(2). The draft of the Regional Regulation in the DPRD environment is coordinated by the Regional Legislation Agency.

(3). The following is referred to in verse (1) to propose a Regional Rule Design for the Chairman of the DPRD accompanied by an explanation or description and/or academic script, a list of narna and a sign, and given the principal number. by the Secretariat of the Council.

(4). The leadership of the DPRD as referred to in verse (3) assigns Balegda to conduct harmonisation and synchronization studies of the proposed Regional Rule Act.

Article 18

(1). In the composition and submission of the Regional Rule Design as referred to in Article 17 of the paragraph (3), Balegda can surrender the Academic Manuscript and the Regional Regulation Design to the college or any other third party. expertise for that.

(2). For the rnelceforth and discussing the Academic Script along with the Regional Rules Design, as referred to in verse (1), Balegda may invite the parties, fractions, commissions, related SKPD, and/or masyrakat representatives.

(3). The results of the Regional Rule Design, as referred to in verse (2) are delivered to the leadership of the Council of Representatives.

(4). The leadership of the Council of Representatives delivers the results of the study of the Regional Peraturn Act as referred to in verse (2) to the plenary meeting of the DPRD.

Article 19

(1). The design of the Regional Regulation which Balegda has studied as a narrative is referred to in Article 18 of the paragraph (2) of the Council of Representatives to the sernua of the Council of Representatives (seven) days prior to the House of Representatives.

(2). In the Meeting of the People of the People, the People of the Republic of the People of the Republic of Israel, The provenants provide an explanation. B. Fractions and other members of the DPRD provide p ndangan, and c. The claimants give an answer to the views of the f i and the other members of the DPRD.

(3). The meeting of the Council of Representatives (2) decides the proposal of the Regional Rule: a. Approval, b. Approval with a change, or c. Penoakan.

Article 20

(1). In the event of a plenary session of the agreement with the change in section 19 of the paragraph (3) of the letter b, the DPRD assigned the Balegda, the Commission, the Joint Commission or Special Committee to fine-tune the Plan of the Territory.

(2). The design of the Act of Regions which has been refined as referred to in paragraph (1) is delivered with the Speaker of the DPRD to the Governor.

(3). The Secretariat of the DPRD disseminates the enhanced Regional Regulation Design as referred to in paragraph (1) to the masyrakat.

Second Section

The Drafting Of The Upper Area Ordinance

The Local Government Practice

Article 21

(1). The composition of the Regional Regulation Plan on the initiative of the Local Government is based on Prolegda.

(2). The composition of the Regional Regulations as referred to in paragraph (1) is performed by the SKPD of the compiler in accordance with the scope of the task and its responsibilities.

(3). The leadership of the SKPD reports the investigation and drafting of the Regional Regulation Plan as referred to in paragraph (2) to the Governor through the Regional Secretary.

Pasat 22

(1). SKPD pemrakarsa in the rnenyusun Regional Regulation Plan prepared the earlier Academic Manuscripts of the material set up in the Regional Rules Design.

(2). The drafting of the Academic Script as referring to a verse (1) is done by the SKPD coordinating with the DPRD and the implementation can be submitted to the college or the third party that has to the hlian for this.

(3). The academic text as a narrative is referred to in verse (1) at least in the background (philosophical, juridical and sociological basis) identification of the problem, purpose and guyness, the method of Research, the asas-asas used, the charge material, etc.

(4). A further provision of the Academic composition guidelines as referred to in verse (3) is governed by the Governor's Rule.

(5). In certain terms and special considerations, the Perda Plan as referred to in verse (1) and verse (3) does not need to be based on the Academic Script.

Article 23

(1). In the composition of the Regional Rules Design as referred to in Article 21 of the paragraph (2), the SKPD pemrakarsa forms the Inter-SKPD Team.

(2). The membership of the InterSKPD Team as referred to in paragraph (1) consists of the SKPD element associated with the substance of the Regional Rule Design.

(3). The InterSKPD team is chaired by the leadership of the SKPD pemrakarsa and the Chief Bureau of Kukum as secretary.

(4). The InterSKPD team as referred to in paragraph (1) is formed after the Prolegda is set.

Article 24

(1). Datam formation of the SKPD Leadership Team of SKPD as specified in Article 23 paragraph (2) submitted a letter of request for the membership of the SKPD Team to the SKPD leadership related to the busan to the Regional Secretars.

(2). A letter of request as a reference to a verse (1) is struck by the conception, the principal material, and the things that can provide an overview of the material to be set up in the Regional Rules Design.

(3). The leadership of the SKPD is related to the paragraph (2) assigning to an official who is authorized to make decisions, legal experts and/or Regional Rules designers who technically master the pewring related to the Design Materials County Rules.

(4). The delivery of the acting name, the jurist. And/or the Regional Rule designer as referred to in paragraph (3) is performed at least 7 (seven) han works after the date of the release of the love letter by the associated SKPD Leader.

(5). The leadership of the SKPD is setting a decision on the decision of the team. Take the SKPD at least 30 (three severh) of the work since the date of the request of the membership of the SKPD Team membership as it is in verse (1).

Article 25

(1). The composition of the Regional Regulation Plan is carried out by discussing the subject matter of a printward arrangement of the object set, the range and direction of the arrangement.

(2). The subject matter of the subject matter of arrangement as na in verse (1) becomes the basis for the design activities in preparing, processing, and formulating the Regional Rule Design.

(3). The design activity as referred to in ay t (2) is done by the Bureau of Law and its implementation can be submitted to the college or any other third party that has the expertise to do so.

(4). The results of the design as referred to in verse (3) are then sampled to the InterSKPD Team to be examined in accordance with the subject matter of the arrangement as specified in the verse (1).

(5). The InterSKPD team in researching the Regional Rule Design as a dirnaksud (4) can invite experts and community colleges, DPRD or social, political, professorship and other professions according to the needs.

(6). Team Leader IntersSKPD through the development of the Regional Rule Design and/or the issues faced with the leadership of the SKPD pemrakarsa to obtain a decision or direction.

(7). Chief Tim Antar SKPD delivered the final formula of Regional Regulation to the leadership of SKPD pemrakarsa.

Pasa 26

(1). In order to refinement the rules of the ordinance. Area, SKPD pemrakarsa disseminates the Local Regulation Design to masy rakat.

(2). The results of the dispersal as referred to in verse (1) are used by SKPD pernrakarsa to fine-tune the Regional Rules Design.

(3). The leadership of SKPD pemrakarsa as referred to in paragraph (2) further reports the Design of the Regional Regulation which has been perfected the p-Governor through the Regional Secretary to be submitted to the Regional Legislation Agenda.

Article 27

(1). If It's A Rule. The area as a matter of faith. In Article 26 of the verse (3) already having no further problems and the maupuri terms and techniques of the design of the negotiations, Gubêrnur proposed the Regional Rule of Regulation (DPRD) to be discussed.

(2). The leadership of the Council of DPRD submitted the document of the Draft of the Regional Regulations with Academic Script to the Legislation Agency for study.

(3). If the Board of Legislaters has conducted the study as referred to in verse (2) and is judged to have met the parchment, it is issued a recommendation for approval of the discussion according to the rules of the DPRD order.

(4). The Apabyte Governing Body as referred to in paragraph (2) is not eligible for the recommendation of the discussion, then the Perda Draft document may be returned to the Local Government to be subject to requirements.

(5). The proposed Perda design can be reproposed after the requirement required by the Legislation Agency to obtain a review recommendation for discussion.

Third Section

The Drafting of Local Rules Design

Outside Prolegda

Article 28

(1). Under certain circumstances, the DPRD and/or the Governor can draft a Regional Regulation Plan outside of Prolegda after first applying for an alert to both sides by including an explanation of the co-perception of the Draft One. Area regulations are compiled.

(2). The (1) verse is: a (1) is a: Conduct an urgent policy of the Government; b. The existence of the cancellation of Regional Regulation by the Government; c. Execute the Supreme Court ruling; d. Overcoming the extraordinary circumstances of circumstance, conflict, or natural disaster; or e. Other specific circumstances ensure the urgency of the area ata a Draft

The Local Regulation is filed. (3). The leadership of the DPRD commissioned Balegda to conduct a review of the request

The governor as it referred to the verse (1). (4). Balegda in conducting the study as referred to in verse (3) asks

the explanation and the views and the Local Government, the fractions and the commissions. (5). Balegda delivers the results of the study as referred to in paragraph (4) to

The Chairman of the DPRD to obtain approval.

BAEVI

DISCUSSION AND PASSAGE OF THE DRAFT

REGULATION OF THE AREA

SECTION OF THE MATTER

The discussion of the Regional Rule in DPRD

Article 29

(1). The discussion of the Regional Peraituran Plan in DPRD is conducted with the DPRD with the Governor under the Rules of Order of the DPRD Order.

(2). The determination of the priority discussion of the Regional Regulation Plan as referred to in paragraph (1) is based on the Regional Legislation Agenda.

Article 30

(1). The discussion of the Regional Regulation Plan is karting meLatui 2 (two) the level of speech and second level talks.

(2). The talk of the level of piety as referred to in verse (1) includes: a. In terms of the Regional Regulation Plan comes from and the Governor.

1. The Governor's description in the meeting of the Pnengeai Regional Regulation Plan. 2. General view of the Fractions against the Regional Regulation Plan. 3 Respond and/or tawaban Governor against the general view of the faction.

b. In the event the Regional Regulation Plan comes from and the DPRD: 1. Explanation of the leadership of the Regional Legislation Agency, the chairman of the Commission, the joint pirnpinan

Commission, or the leadership of the Special Committee. 2 The Governor's Opinion on the Regional Rule Plan. 3. The response and/or answer to the Governor ' s opinion.

c. The discussion at the commission meeting, or the joint commission, or special committee, was coordinated by Balegda along with the Governor-the official appointed to represent it.

d. The final penthality of the Regional Rule Plan in the R pat of the DPRD. (3). Second-level talks as referred to in paragraph (1) include:

a. The taking of the decision in a paripuna meeting is preceded by: 1. Delivery of the Balegda/special committee report which contains the process of discussion,

fraction opinions and the results of the previous level. 2. Perrnlove of consent and member orally by the chairman of the plenary Meeting

b. Submission of the final opinion of the Governor.

Article 31

(1). In the event of approval as referred to in Article 30 of the letter a number 2 cannot be reached in deliberation for the ascetic, the decision is taken on the basis of the most votes.

(2). In the event the Regional Regulation does not receive a joint agreement as referred to in paragraph (1) The draft of the Regional Regulation shall not be submitted again in the trial of the Council of Representatives of the time.

(3). The mechanism for the discussion of the design of the area of the tent ng APBD is done following the laws of my own right.

(4). The agenda of the discussion and approval of the Plan Per turan area as referred to as paragraph (3) is governed by the DPRD.

Article 32

(1). The draft of the Regional Regulation can be retracted before being discussed jointly by the Regional House of Representatives and the Governor.

(2). The Regional Regulation Retraction is referred to in verse (1) by the DPRD, carried out with the Decree of the Leader of the DPRD with an accompanying reason for withdrawal.

(3). The recall of the draft of the Regional Regulation is referred to in verse (1) by the Governor done with the Governor's letter accompanied by the grounds of withdrawal.

(4). The draft of the Regional Regulation which is being discussed by its h can be withdrawn based on the joint approval of the DPRD and the Governor.

(5). The re-ordination of the Regional Rule Act of what is referred to in verse (4) can only be done in a Council of Representatives meetings attended by Gubemur.

(6). The draft of the County Rules retracted tid k can be refiled at the same time.

The Second Part

Replacement of the Concern

Pasat 33

(1). The Regional Legislaity with the Law Bureau is to synchronize and harrnonisation of the Raperda which will be jointly approved by the DPRD and the Governor.

(2). The approval of the DPRD for the designation of Raperda to Perda is poured in the form of a DPRD Decision.

(3). The draft of the Regional Regulation which has been jointly approved by the DPRD and the Governor is delivered by the Speaker of the DPRD to the Governor to be established to be the Regional Rule.

(4). The Regional Rule Design, as referred to in paragraph (1) is conducted within the term 7 (seven) days from the date of mutual consent.

(5). The Regional Secretary conducted the setup of the Regional Rules Design script as referred to in paragraph (1) for the continuation of the Governor.

Article 34

(1). The manuscript of the Regional Rules of Regulation as referred to in Article 33 of the verse (1) is set by Gubemur with the sign of the mark of n.

(2). Signing by the Governor as referred to in paragraph (1) is carried out in the most prolonged period of 30 (thirty) days since the Plan of the Regional Regulation was jointly approved by the DPRD and the Governor.

Article 35

(1). In the event the Regional Regulation is not signed by the Governor in the term as referred to in Article 34 of the paragraph (2), the Derah Regulation is legal to be the Regional and compulsory Ordinance.

(2). The sentence of passage for the Regional Regulation Law as referred to in verse (1) reads: "The County of Regulation is declared legitimate".

(3). The sentence of passage as referred to in verse (2) must be made on the last page of the Regional Regulation before the invitational of the Regional Rule to the Local Sheet.

(4). The manuscript of the Regional Regulation which has been made up of the enlarging sentence as referred to in verse (3) is made up of the number and the year in the Regional Secretariat and promulred by the Regional Secretary.

Article 36

In case there is a difference of word or The word on that or some of the Regional Rule is promulred, and the manuscript that has the power to bind is the manuscript of the Regional Regulation, which has been reached in the Council of Representatives meetings.

Third Section

Evaluating Regional Rule Design

Article 37

(1). Regional regulations that have been approved with the nt ra DPRD and Gubemur are delivered to the Government of the longest 7 (seven) days after it is set.

(2). If the Government invalidate the Act of Area y to be delivered as referred to in paragraph (1), then the Governor with the Chairman of the DPRD addresses the President's Regulation on the cancellation of the Regulation of the Territory.

(3). In the event of the DPRD with the Governor accepting the cancellation decree as in paragraph (2), then the Governor submitted the Draft Regional Regulation of the Regional Regulation to the DPRD to be discussed and agreed with at least 7 (seven) days after The decision of the annulment is set as a verse (2).

(4). In terms of the DPRD with the Local Government unable to accept the annulment decision as referred to in paragraph (2) for justifiable reason by the laws, Gubemur poses a objection to the Supreme Court's kep.

(5). If the Government does not issue the Presidential Regulation to cancel the Regional Regulation as referred to in paragraph (2), the Regional Regulation is referred to in effect.

Article 38

(1). The draft of the Regional Regulation relating to the Regional Revenue and Shopping Budget, area Taxes, Regional Retribution, and Regional Spatial Layout which has been jointly agreed between the DPRD and the Governor of Sêbêlum is set at least 7 (seven) days delivered the Governor to the Home Secretary to be held evatuation.

(2). If the Minister of the Interior states the results of the evaluation of the Derah Ordinance as referred to in verse (1) already in accordance with the general interest and higher laws, the Governor sets the Plan for the Regional Regulation. It became the Regional Rule.

(3). If the Minister of the Interior states the results of the evaluation of the Regional Rule as referred to in verse (1) as opposed to the general interest and higher laws, the Governor with the DPRD does the refinement At most, seven (seven) days after receipt of the evaluation results.

(4). In the event of the consummation, the leadership of the Council of Representatives (3), the Chairman of the Council (DPRD), establishes the agreement and is reported to the Council of Representatives meetings.

(5). The draft of the Regional Regulation which has been refined and has obtained the approval of the DPRD, the Governor is then submitted to the Minister of the Interior.

BAB VII

THE INVITATIONAL AND DISSEMINATION

THE REGIONAL REGULATION

Article 39

(1). Each of the Regional Regulations is promulgated by enplacing it in the section of the Regions. (2). Explanation of the Regional Regulations as referred to in paragraph (1) is placed in

Additional Section Sheets. (3). Area Regulation and explanation of the Regions for the Description of the Regions as referred to

in paragraph (1) and paragraph (2) are performed by the Secretary of the Regions at least 30 (thirty) days from the Plan of the Regulation of the Regions (Section 4). was signed by the Governor.

(4). The Regional Secretary as referred to on ayt (3) is blinding: a. They are referred to in verse (1) with the number and the year. B. An additional leaf area as intended on ay t (2) with a number.

(5). The Regional Secretary signed an invitation to the Regional Regulation by signing autographs on the County Rules script.

(6). The manuscript of the Regions Regulation which has been signed as a nana referred to in paragraph (5) is kept by the Bureau of Law in accordance with the provisions of the laws.

Article 40

(1). Each Act of the Regions which has been promulded in the section of the Area of the Regions is required to be disseminated to the public.

(2). The dissemination of the Regional Rule as referred to in verse (1) aims for the public to understand and understand what is contained in the Regulation of the Regions so as to carry out the provisions of the Regulation of the Regions in question.

(3). The dissemination of the Regions Ordinance as referred to in paragraph (1) is carried out by the Local Government through: a. Print media b. Electronic media c. The design.

Section 41

(1). Dalarn order dissemination through the media cetk as referred to in Article 40 paragraph (3) of the letter a, Local Government: a. Deliver an authentic copy of the Regional Regulation and its explanation

promulred in the Area Sheet and the Additional Sheet Area to the DPRD, the Ministry of Non-Department Government, SKPD and related parties.

b. It provides the channel of the Regional Regulations and the explanation that has been promulred by the Area Sheet and the Extra Sheet for the People in need.

(2). Certain parties requiring the authentic saliman of the Regional Regulation as referred to in paragraph (1) the letter a may submit a request to the Secretary of the Regions through. Head of the Bureau of Law.

Article 42

(1). In order to disseminate through, electronic media as in Article 40 verse (3) of the letter b, the Local Government can disseminate information on Internet and TV-based Regional Regulations.

(2). The further provisions on Internet-based Regional Regulation information are regulated in the Governor's Ordinance.

Article 43

(1). In order to disseminate legislation in other ways as referred to in Article 40 paragraph (3) of the letter c, the Regional Government conducts socialization, Regional Regulations and/or the representative of the community group.

(2). Socialization as referred to in verse (1) is performed by face-to-face or direct dialogue, such as lectures, workshop/seminars, scientific meetings, press commentaries and other ways.

BAB VIII

THE REGULATION OF THE CONDUCT OF REGIONAL REGULATIONS.

Article 44

(1). To implement the Regional Regulation, the Governor may assign the Gubemur Regulation and/or Gubemur's Decision.

(2). The Governor's and/or Governor's Rule as referred to in paragraph (1) is prohibited against the common interests, the Regional Regulations and the higher laws.

Article 45

(1). Each of the Regional Regulations is required to list the limits of the Governor's Ordinance as a guide to the implementation of the Regional Regulations.

(2) The deadline for the designation of the Governor's Ordinance as na was referred to in paragraph (1) the slowest 1 (one) of the year since the Regional Ordinance was promulred.

BAB IX

ROLE AS WELL AS SOCIETY

Part Atu

Urn urn

Article 46

(1). Individuals or groups of people are entitled to obtain or obtain clear and accurate information on the planning and discussion of the Regional Rule Design.

(2). Individuals or groups of people are entitled to convey the input of the formation of the Regional Regulation in the planning phase, the drafting and discussion of the Oaerah Regulation Design.

BAB X

FUNDING

Article 47

(1). All costs required in the formation of the Regional Regulation are charged on the Regional Revenue and Shopping Budget.

(2). Funding as referred to in paragraph (1) includes the planning process, drafting, discussion, assignment, authoring and dissemination of the Regional Regulations.

Article 48

The cost of the anggarart post is used as contemplated. in section 47 of the paragraph (2) as follows: (1). The budget post of the DPRD Secretariat for the Regional Rules Design which is the initiative

DPRD. (2). The legal Bureau ' s budget post for the Regional Regulation Design comes from the Government

Regions. (3). The budget Raperda Prakarsa DPRD budget is discussed with the Regional Legislation Agency with

Secretaniat DPRD while the budget of Raperda which is derived from the Regional Rapporteur is discussed with the Bureau of Law and the Bureau of Finance as well as the related SKPD.

(4). The mechanism and setting of the budget post as referred to in paragraph (1), paragraph (2) and paragraph (3) are further set with the Gubemur Rule.

BAB XI

TRANSITION provisions

Article 49

For the first time, Prolegda is set At least three (three) months since the term of this Section is in effect.

BAB XII

CLOSING provisions

Pasat 50

These Regional Regulations begin to apply at the date of the invitation So that everyone knows it, instructest This Section of the Province of the Province of the Province of the Province of the Province of the Province of the State West Sulawesi.

Designated at Mamuju on 12 July 2010 GOVERNOR OF WEST SULAWESI, H. ANWAR ADNAN SALER

PROMULALED IN MAMUJU ON 12 JULY 2010 SECRETARY OF THE PROVINCE OF WEST SULAWESI PROVINCE,

H. M. ARSYAD HAFID LEAVES OF THE PROVINCE OF WEST SULAWESI PROVINCE 2010 NUMBER 03

EXPLANATION

ABOVE

REGULATION OF THE WEST SULAWESI PROVINCE

NUMBER 2010

ABOUT

THE ESTABLISHMENT OF LOCAL REGULATIONS

I. The UMUM Implementation Of Regional Autonomy has brought a shift in the

system of the holding of the Local Government, from a centralised system of government to desentraisitic. One of the perceived implications and this shift was the creation of a positive nuance of regional autonomy that led to the democratisation and independence of the region. Through autonomy, the current area has greater authority and the ability to manage a self-independent sec-state of affairs which is the authority of the area, including the authority to form the Regional Rule.

The Regional Regulation is one of the most important. the type of law as a source of law and the means of development in the area in improving the welfare of society. Under the provisions of Article 12 of the Law No. 10 of the Year 2004 on the Establishment of the Laws, the Charge material of the Regions Regulation is all over the charge material in order to host the regional autonomy and the duties of the host and accommodate regional special conditions as well as further definitions of higher laws.

The draft of the Regional Regulation may come from and the initiative of the Regional Representative Council (DPRD) initiative and on the initiative of the Governor. The mechanism of initiating initiative/initiative, the mechanism of discussion as well as the community involvement d l m drafting and the discussion of the Regional Regulation are organized in more detail and clear through the provisions of this compiled Regional Regulation.

In an effort establish an administrative order and increase the quality of the drafting of legislation in the area, needs to be compiled by the Regional Legislation Program (Prolegda). Expected through Prolegda the drafting of the Regional Regulations can be more planned, integrated and sistimatis as well as maintaining that the regional law products remain in the unity of national legal sists.

To improve quality The Regional Rule, then the DPRD and the Local Government open the participation of the wider community to participate in the plan of formation, preparation and discussion of the Prolegda and the Regional Plan of Turan. Public participation is conducted through the dissemination of clear and accurate information and a broad opportunity to participate in all the stages of the formation and development of Prolegda as well as the Regional Rules Design.

II. ARTICLE BY SECTION Article 1

Clearly Article 2

Verse (1) Is Clear Enough

Verse (2) The letter

In question, "the clarity of purpose" is that any Establishment of the Laws must have a clear purpose to achieve.

The letter b referred to the appropriate "institutional or appropriate organ of the forming". is that any type of Invitational Ordinance must be made by authorized law enforcement officials. Such laws may be annulled by law, if made by unauthorized agencies.

The c. c. the principle "conformity between the type of da matter charge" is that in the Establishment The laws must really pay attention to the exact charge material of the laws of the laws.

The d-letter referred to as "may be executed" is that any Establishment of the Laws must take into account the effectiveness of such laws in the society, whether philosophically, yuridis and sociological.

The letter e which is referred to as "ascetic and influence" is that any Rule of Law is made because it is indeed necessary and beneficial in regulating the life of a society, nation-to-state. and benegara.

The letter f referred to the asas "clarity of rump" is that any such laws must comply with the technical requirements of the Law, the systematics of the word or the terninology, and its legal language is clear and understandable, so that it does not result in any of the laws of the law. various interpensions in its implementation.

The letter g referred to the principle of "openness" is that in the process of the Establishment of the Laws ranging from planning, preparation, drafting and discussion is transpas and Open. Thus the whole layer of society has a broad-breadth opportunity to provide input in the process of making the Code of Invitation.

Article 3 Verse (1)

The letter a "asas of ayoman" is that the Perudlement Regulation principle p Matter should serve to provide protection in order to create society's calm.

The letter b The "humanitarian principle" is that every Act of Charge of the Act should reflect the protection and respect of human rights as well as the dignity and dignity of each citizen and the population of Indonesia proportionally.

The letter c referred to as "national asas" is that seti p Material The charge of legislation must reflect the nature and character of the pluralistic Indonesian nation (kebhinekaan) by keeping the principle of the State of the Republic of Indonesia.

Hurufd referred to as "family asas" is that any of the provisions of this Agreement must reflect the deliberations for the party in any decision making.

The letter e which is referred to as the "forehead asas" is that any Materials Freight Laws are always concerned with the interests of the entire Indonesian region and the subject matter of laws made in the area is part of a national legal system based on Pancasila.

The letter f referred to "asas bhinneka singular ika" adlah that any Material Charge Legislation should pay attention to the doubts of the population, religion, tribe and groups, special conditions of the region, and the culture in particular that concern The ensitive issues in a society, nation and country life.

The "principle of justice" is that the p of the Material Payload Laws should reflect justice proportionally to the any citizen without exception.

The letter h referred to as "asas the similarity of rank in law and government" is that any Materials of the Law of Law-invitation must not contain the distingueable things based on background, among other things, religion, tribe, race, golon an, gender, or social status.

The letter i referred to as "order of order and legal certainty" is that each of the Regulatory Provisions of the Bill of Law should be able to generate order in the community through the existence of legal certainty.

The letter j Yang referred to the "principle of balance, uniformity and alignment" is that any Materials Charge of Regulation should reflect balance, uniformity, and alignment, between the interests of individuals and the public with interests nation and country.

Verse (2) In question " the other asas correspond to The law of the laws of law is concerned ", among other things: a. In the Criminal Law, for example, asas of legality, asas no sentence without

error, asas of convict coaching, and asas praduga t k guilty. B. In the Civil Law, for example, in the law of treaties, among other things, asas

agreement, freedom of contract, and good iktikad. Article 4

Verse (1) Clear enough

paragraph (2) referred to as "contrary to the common interests" in this provision is that the disruption of the people of the public, the disruption of the public service, and the disruption of the public calm/public order as well as discriminatory policy.

Article 5 Verse (1)

Quite clear Verse (2)

Quite clear Article 6

Verse (1) Is clear enough

Verse (2) Is clear enough

Article 7 Verse (1)

Quite clearly Article 8

Verse (1) Quite clearly

Verse (2) Quite clearly

Verse (3) The Regional Long Term Development Plan is an area building planning document composed for a period of 20 (two) Uh) years. The Regional Long-Term Development Plan is a planning document for the development of an area compiled for a period of 5 (5) years. The Regional Annual Development Plan or the Regional Government Work Plan (RKPD) is an area planning document for the period I (one) year.

Verse (4) Pretty clear

Verse (5) Pretty clear

PasaL 9 Pretty clear

Article 10 Verse (1)

Clearly Verse (2)

Balegda in gathering various inputs and/or materials inviting representatives of such good public groups and academics, mass media, NGOs and direct-related parties nor directly against the drafting of this Prolegda. In addition to the invitation specifically granted Balegda through the Secretaniat DPRD will inform the activities referred to in the website of West Sulawesi's DPRD so that the wider public will know.

Verse (3) The explanatory material on the subject matter Prolegda It is written in accordance with the terms of section 7. If possible, the proposed application of the Regional Rule in Prolegda includes the Academic Script of the proposed Regional Regulation.

Verse (4) It is clear enough

Verse (5) It is fairly clear

Article 11 Verse (1)

Clearly Verse (2)

Clearly Verse (3)

The explanation material for the subject matter Prolegda is compiled by following the provisions as referred to in section 7. If possible, the submission of the plan of the drafting of the Regional Regulations in Prolegda is to include the Academic Nakah Ranangan of the proposed Regional Regulation.

Verse 4 Is fairly clear

Verse 5 is clear

Verse (6) It is clear

Verse (7)

Quite clear PasaL 12

Quite clear Article 13

Quite clear PasaL 14

Quite clear PasaL 15

Verse (1) Pretty clear

Verse (2) Quite jeLas

Verse (3) If in the discussion of the Regional Legislation Agenda, DPRD And the Governor, and the Governor's passing the Draft of the Regional Regulation on the same matter, which is discussed, is the Draft of the Regional Regulation, which the Governor has, and the Regional Regulation, which the Governor uses as a material for the cause of the law. be reused.

Verse (4) Pretty clear

Verse (5) Pretty clear

Verse (6) Enough clear

Article 16 Verse (1)

Quite clear Verse (2)

Conditions on the number of Members submitting the Regional Peraturar Shocks following the DPRD Regulation on the Order of the DPRD.

Article 17 Verse (1)

Quite clear Verse (2)

Quite clear Verse (3)

In principle all of the proposed Regional Rule Design manuscripts must be accompanied by Academic Script, but some Regional Rules Design such as The Regional Regulation Plan on Budget Revenue and Regional Shopping, Local Regulation Design is limited to changing some of the material that has previously been accompanied or not accompanied by Academic Scribe. The drafting of the academic manuscript in the lingku of the DPRD is compiled following the Drafting Guidelines of the Academic Script and the Ordinance of the Minister of Law and the Rights of the Human Azasi of the Republic of Indonesia.

Verse (4) That the study is carried out in the form of Academic Script for Supplementing the Regional Rules Plan submitted by the authorities or the kajan to further analyze the impact arising from the application of the Act of the Regions in question. Balegda may hand over the drafting of Academic Manuscripts along with the Regional Rule Plan or the study referred to the college or any other third party that has the expertise for it.

Article 18 is quite clear

Article 19 Is quite clear.

Article 20

Verse (1) Clear enough

Verse (2) Clear enough

Verse (3) The change of Regional Regulation Design is conducted through the DPRD Website, print and electronic media, as well as the circular in the area so that the public is known to have a Draft The regional regulations proposed by the DPRD are discussed together with the Regional Rapporteur. Thus the public can provide input to the proposed Regional Rule Design material.

Article 21 is fairly clear

Article 22 Verse (1)

Quite clear Verse (2)

The coordinates are intended to be invite the side of the DPRD in discussing the scope of the material to be set up in the drafting of the Academic Script.

Verse (3) Pretty clear

Verse (4) Pretty clear

paragraph (5) The compiled Perda Design does not need to be based on the Manuscript Academic among others: Regional Revenue and Regional Shopping, Revenue Budget and Regional Shopping The revision, and the calculations/responsibilities of the APBD of the APBD as well as the revision Raperda already have the previous Academic Script.

Pasa1 23 Quite jeas

PasaL 24 Quite clear

Article 25 reasonably clear

Article 26 Verse (1)

Local Regulation Design is conducted through Local Government Website, print and electronic media, as well as in circulation in the area so that the public is aware of the Regional Regulation Plan being drafted by the Local Government. Thus the society of d pat gives input to the Material Design of the Regions compiled ter ebut.

Verse (2) Pretty clear

Verse (3) Quite clear

Article 27 reasonably clear

Article 28 reasonably clear

Article 29 Clear enough

Article 30 Verse (1)

Quite clear Verse (2)

In the discussion of the Regional Regulation Plan, the DPRD assigned Balegda to coordinate the implementation of the meeting in question. The discussion was conducted at a joint meeting between Balegda and the Commission relating to the Governor or the appointed official representing him. Balegda may also invite or invite representatives of community groups to provide input in the discussion of the Regional Rule. In the discussion of the Regional Rule Plan, the DPRD may also form a Special Committee whose membership is composed of the elements Balegda and the related Commission.

Verse (3) It is fairly clear

Article 31 is quite clear

Article 32 is quite clear

Article 33 is fairly clear

Article 34 is pretty clear

Article 35 is pretty clear

Article 36 is pretty clear

Article 37 Verse (1)

Quite clearly Verse (2)

The Regional Regulation is cancelled when judged to be contrary to the public and/or higher applicable laws. The cancellation of the Regional Regulation is conducted through the Presidential Ordinance 60 (sixty) days since the receipt of the Regional Regulations.

Verse (3) It is fairly clear

Verse (4) It is fairly clear

Verse (5) It is clear enough

Article 38 Verse (1)

The evaluation in this verse is aimed at the centenary of regional policy and national policy, the uniformity between the public interest and the interests of the apparatus, as well as un uk examining the extent of the materials in the Regulation of Regions both know APBD, Tax and Regional Retribution and the Regional Space Plan is not tentatively with the common interests, higher regulations, and other Perda. The results of the evaluation were delivered by the Home Secretary to the Governor's most Lamb t 15 (fifteen) days after the acceptance of the intended design.

Verse (2) Pretty clear

Verse (3) Pretty clear

Verse (4) Pretty clear

Verse (5) Clear enough

Article 39 Verse (1)

With the Regional Rule in the Local Sheet then everyone is considered to have known it.

Verse (2) Pretty clear

Verse (3) Clear enough

Verse (4) Pretty clear

Verse (5) Clear enough

Verse (6) Quite clear

Article 40 reasonably clear

Article 41 Quite clear

Article 42 Quite clear

Article 43 Verse (1)

In conducting the socialization of the Regional Regulations, the Regional Government also involves both the good DPRD and the related Commission nor of Balegda, as the parties involved in the establishment of the Dirnaksud Regional Regulation.

Verse (2) Enough jeas

Article 44 Quite clear

Pasat 45 Quite clear

Article 46 Quite clear

Article 47 is fairly clear

PasaL 48 Verse (1)

Quite clear Verse (2)

Quite clear Verse (3)

Investigator The budget of the formation of the Balk Regional Regulation Plan on the initiative of the DPRD and the Regional Government was allocated proportionally to the Secretariat of the DPRD and the Law Bureau of the Dacrah Secretariat.

Verse (4) It is fairly clear

Article 49 is pretty clear

Article 50 is quite clear

ADDITIONAL SHEET AREA OF WEST SULAWESI PROVINCE NUMBER 50