Applicable Local No. 9 In 2008

Original Language Title: Peraturan Daerah Nomor 9 Tahun 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd62a62610a3d2313634333238.html

No. 9, 2008-1-SHEET REGION of WEST KALIMANTAN PROVINCE No. 9 of 2008 the AREA of WEST KALIMANTAN PROVINCE REGULATIONS No. 9 in 2008 ABOUT the AFFAIRS of the GOVERNMENT which BECAME the PROVINCE of WEST KALIMANTAN AUTHORITY with the GRACE of GOD ALMIGHTY GOVERNOR of WEST KALIMANTAN, Considering: a. that in accordance with article 12 paragraph (1) and paragraph (2) the Government Regulation Number 38 in 2007 about the Division of Governmental Affairs between the Government Provincial and local government, the local government district/City Government Affairs which stated Mandatory and options which became the authority of local governance are defined by local regulations selambat the latest 1 (one) year after established Government regulations, and Mandatory Government Affairs and the choice of the basis for preparing the order of Organization and governance Device work Area; b. that based on considerations as referred to the letter (a) above, hence the need to establish local regulations of West Kalimantan province about Government Affairs who became the authority of West Kalimantan province. Remember: 1. Act No. 25 of 1956 on the establishment of the autonomous regions of the province of West Kalimantan, South Kalimantan and East Kalimantan (Indonesia Republic Gazette in 1956 Number 65, additional State Gazette Number 1122); 2. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet country number 4389); 3. Law Number 32 of 2004 concerning Regional Government as amended by Act No. 8 of 2005 about the determination of the Replacement Government Regulations Act No. 3 of 2005 about the change in the Law Number 32 of 2004 concerning Regional Government became law (State Gazette of the Republic of Indonesia Number 108 in 2005, an additional Sheet of the Republic of Indonesia Number 4548); 4. Government Regulation number 3 of 2007 about Reports of organization of local governance to the Government, reports to the head of Regional Accountability Information of representatives of the region, and the local Government of organizing report information to the public (State Gazette of the Republic of Indonesia number 19 of 2007 an additional Sheet country number 4693);

No. 9, 2008-2-5. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local authorities and the regional Government of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional State Gazette Number 4737); 6. Presidential Regulation No. 1 of 2007 about the Endorsement, Enactment and dissemination of laws and regulations. Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL PROVINCE of WEST KALIMANTAN and WEST KALIMANTAN GOVERNOR DECIDED: setting: LOCAL REGULATIONS CONCERNING the AFFAIRS of the PROVINCE of WEST KALIMANTAN GOVERNMENT which BECAME the PROVINCE of WEST KALIMANTAN AUTHORITIES CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The Central Government, hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945; 2. Local Governments, was Governor of West Kalimantan along with Device Area as the organizer of the Regional Government of the province of West Kalimantan; 3. Local governance, is conducting the Affairs of Government by local governments and the REPRESENTATIVES according to the principle of autonomy and pembantuan with the principle of autonomy in the system and the existence of the principle of the unitary State of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945; 4. The region is the West Kalimantan province; 5. The Governor is the Governor of West Kalimantan; 6. The Regional Secretary is the Secretary of the regional province of West Kalimantan; 7. The autonomous region, hereinafter referred to as the area, is the unity of Community law which has territorial boundaries which authorities manage and administer the Affairs of Government and the interests of society in the system of unitary State of the Republic of Indonesia; 8. Autonomous Region is a right, authority, and obligation of autonomous regions to set up and take care of her own affairs of Government and local community interests in accordance with laws and regulations; 9. Government Affairs is a governmental functions be the rights and obligations of each level and/or order the Government to arrange and take care of these functions which became those powers in order to protect, serve, empower and prosper society; 10. National policy is a set of rules that can be either norm, standards, procedures and/or criteria that set out the Government as Government Affairs Organizer guidelines;

No. 3-9, 2008-the GOVERNMENT AFFAIRS CHAPTER II BECAME the AUTHORITY on LOCAL GOVERNANCE in implementing article 2 of the autonomous region, the local government is carrying out Government Affairs who became the authority area. Article 3 Government Affairs as stipulated in article 2 comprises 31 (thirty one) field of Government Affairs include: 1. Education; 2. Health; 3. Public works; 4. Housing; 5. Spatial; 6. Development Planning; 7. Transportation; 8. The environment; 9. Land issues; 10. Population and the civil registry; 11. Women's empowerment and child protection; 12. Family planning and Family Well-being; 13. Social; 14. Ketenagakerja and Ketransmigrasian; 15. Cooperatives and small and medium enterprises; 16. Capital investment; 17. Culture and tourism; 18. Youth and Sports; 19. The unity of the nation and domestic politics; 20. Autonomous Region, Public Governance, financial administration Area, the device area, Staffing, and Persandian; 21. Empowerment of Communities and villages; 22. Statistics; 23. Section; 24. The library; 25. Communications and Informatics; 26. Agriculture and food security; 27. Forestry; 28. The energy and Mineral resources; 29. Marine and Fisheries; 30. Trade; and 31. Of industry.

No. 4-9, 2008-article 4 of Government Affairs which became a regional authority referred to in article 3 consists of the obligatory affair and the affair of choice. Article 5 (1) the Affairs of the obligatory, as referred to in article 4 is: a. mandatory Government Affairs organized by the local government that are related to basic services; b. mandatory Affairs referred to in paragraph (1) letter a include the following areas: 1. Education; 2. Health; 3. Environment; 4. Public works; 5. Spatial; 6. Development Planning; 7. Housing; 8. Youth and Sports; 9. Capital investment; 10. Cooperatives and small and medium enterprises; 11. Population and the civil registry; 12. Employment; 13. Food Security; 14. Women's empowerment and child protection; 15. Family planning and Family Well-being; 16. The relationship; 17. Communications and Informatics; 18. Land issues; 19. The unity of the nation and domestic politics; 20. Autonomous Region, Public Governance, financial administration Area, the device area, Staffing, and Persandian; 21. Empowerment of Communities and villages; 22. Social; 23. Culture; 24. Statistics; 25. Section; and 26. Library. (2) details of the Affairs of the Government as mentioned in subsection (2) are listed in Annex I and is the part that is inseparable from the Rule of this area.

No. 5-9, 2008-article 6 (1) the Affairs of the option referred to in article 4 is the Government Affairs for real there and potentially to improve the welfare of the community in accordance with the conditions, the specificity and potential seeded area is concerned. (2) based on an analysis of the gross Regional domestic product (GDP), the livelihood of the population, and the existing land use in the area, then the selection is conducted affairs covering the areas of: a. Marine and Fisheries; b. Agriculture; c. Forestry; d. energy and mineral resources; e. tourism; f. Industry; g. trade; h. Ketransmigrasian. (3) details of the Affairs of the Government as mentioned in subsection (2) are listed in annex II and is the part that is inseparable from the Rule of this area. Article 7 conduct of the Affairs of Government, either mandatory or coercive options as stipulated in article 5 clause (1) and article 6 paragraph (2) are based on norms, standards, procedures and criteria set by the Government. Article 8 conduct of the Affairs of the compulsory as stipulated in article 5 clause (1), based on stándar minimum service are set by the Government. Article 9 Details of each field of Government Affairs as stipulated in article 5 paragraph (1) letter b and article 6 paragraph (2) was made within the guidelines: a. determination of the legal basis for regional autonomy in the area; b. the determination of the appropriate regional organization device with the needs and potential of the region; c. placement of personnel in accordance with the competencies required to carry out the Affairs of the Government; d. determination of the priority the preparation of regional development planning; e. determination of the allocation of costs in the BUDGETS; f. performance appraisal, coaching and supervision and evaluation of the implementation of regional autonomy; g. reporting organization of local governance to the Government, reports a description of LEGISLATIVE Districts to Liability and the regional organization of the Report the information to the community. Article 10 (1) local governments in carrying out mandatory Affairs and Affairs of choice based on norms, standards, procedures, and criteria established by the Minister of a Government Institution Non/head of Department.


No. 9, 2008-6-(2) if the Minister/head of the Department of non have not set norms, standards, procedures, and criteria referred to in paragraph (1), the local government is organizing a direct governmental affairs be guided, with its laws and regulations. (3) the implementation of norms, standards, procedures, and criteria referred to in paragraph (1) shall be regulated further by Regulation of the Governor. Article 11 (1) in addition to the Affairs of the Government as stipulated in article 3, the regional Government can carry out the Affairs of the Government of the rest by first proposed to the Government through the Minister of the Interior to get the determinations. (2) Government Affairs rest referred to in subsection (1) is the Provincial-scale Government Affairs and predestination use criteria the Division of governmental affairs. (3) the determination and implementation of the remaining Government Affairs will be further defined in accordance with the legislation. CHAPTER III MANAGEMENT of the AFFAIRS of the GOVERNMENT of article 12 (1) the West Kalimantan province local government in organizing the Affairs of the Government as stipulated in article 5 and 6, when giving effect to other areas can be managed together with related areas. (2) the Affairs of the Government as mentioned in subsection (1) are based on legislation. Article 13 (1) in organizing the Affairs of local governance based on criteria the Division of Governmental Affairs, local governments can: a. organize itself; or b. the Government Affairs commissioned a portion to local governments and district/city or Village Government based on the principle of task pembantuan. (2) conducting of Affairs referred to in paragraph (1) letter b shall be governed more by Regulation of the Governor in accordance with the provisions of laws-invitation. (3) Government Affairs who became the Province authority assigned to the Government--the district/city based on the principle of gradual pembantuan, tasks can be delegated into the Affairs of the local governance Kabupaten/Kota in the local government district/city, has demonstrated the ability to meet the norms, standards, procedures, and criteria required. (4) Government Affairs who became a Government authority in practice cooperated and or assist local governments provincial, can be requested their surrender to local governments local governments in the province, the province has been able to organise appropriate norms, standards, procedures and criteria required. (5) the surrender of the Affairs of the Government as mentioned in subsection (3) and subsection (4) may be accompanied by personnel, financing, infrastructure and medium or documentation. (6) the surrender of the Affairs of the Government as mentioned in subsection (3) and on paragraph (4) priority for governmental affairs that impact local and or more successfully to Sepik and when its turned over to the local government district/city.

No.9, 2008 7-(7) the provisions on the procedures of the surrender of Government Affairs as referred to in paragraph (3) and subsection (4) are based on legislation. CHAPTER IV TRANSITIONAL PROVISIONS Article 14 of the regulation at the time of this area comes into force, all legislation published by the Government of the region of West Kalimantan province which governs conduct of the Affairs of the Government of the province of West Kalimantan was declared still remains valid all not contrary to Rule this region. Chapter V CLOSING PROVISIONS Article 15 Rules this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the sheet Region of West Kalimantan province. Established in Pontianak on September 1, 2008 the GOVERNOR of West KALIMANTAN, Ttd CORNELIS Enacted in West Kalimantan province Region Gazette No. 9 of 2008 1 September 2008 the Regional Secretary of the Province of West Kalimantan Ttd SYAKIRMAN No.9, 2008 8-EXPLANATION of the REGULATORY REGION of WEST KALIMANTAN PROVINCE No. 9 in 2008 ABOUT the AFFAIRS of the GOVERNMENT which BECAME the PROVINCE of WEST KALIMANTAN AUTHORITIES i. GENERAL in accordance with the Government Regulation Number 38 in 2007 About the Division of Governmental Affairs between the Government , Local governance and local governance of the province, Kabupaten/Kota, local governance in the Province organized a Government, set up and take care of their own affairs which became the autonomous existence of its run based on the principle of autonomy and pembantuan tasks. To arrange and take care of its own authority to the Government of the region, to run orderly and effectively, then the field of Government Affairs which became the authority areas, need to be elaborated and compiled into Sub Areas and Sub areas of distributed governance Affairs into the task and function of each unit of work composed in the Organization of the device area of West Kalimantan province. So any work units that are included in the device area, organizations have the duty and responsibility of each. Mandatory Affairs and the Affairs of the options into the task and function of each unit of work that is included in the device area, the Organization organized in accordance with the principles of accountability, cooperation, and coordination in line with the policy laid down by the local government. For the local governance of the province, is a mandatory Government Affairs Affairs that must be held with regard to basic services. And Affairs of choice was the affair that outwardly there and potentially to improve welfare conditions, the specificity of the flagship, and the potential of the region. To ensure the Government Affairs are invited, in an orderly and Sepik and successfully, then the Government should set up and take care of the Affairs of the Government according to the capacity, condition, distinctiveness, and the potential of West Kalimantan, areas seeded with based on the norms, procedures, criteria and minimum standards set by the Government. II. The SAKE ARTICLE ARTICLE article 1: self explanatory. Article 2: self explanatory. Article 3: Government Affairs as set forth in this article is directly related to the autonomy of the region. Article 4: self explanatory. Article 5: pretty self-explanatory. Article 6 paragraph (1): Agency/Department/Provincial Agencies should nevertheless provide the required public service communities even though the Ministry is not from the Affairs of choice is prioritized.

No.9, 2008 9-paragraph (2): determination of potential flagship refers to gross regional domestic product (GDP), the livelihood of the population, and the existing land use in the area. Article 7: the norm is the rule or rules that are used as order for organization of local governance. The reference standard is used as the benchmark in the conduct of the Government of the region. The procedure is a method or an Ordinance for the Government of the region. The criterion is a measure that is used as the basis of governance in the region. Article 8: Considering the ability of the budget are still limited, then the determination and implementation of minimum service in the field of stándar who became a mandatory Government Affairs implemented gradually by giving priority to a sub sub fields mandatory affair that is a priority. Article 9: pretty self-explanatory. Article 10: self explanatory. Article 11 paragraph (1): Government Affairs of large-scale cross-province or district/city government authority into the provinces. In terms of local governance of the province or district/city government will hold the remaining Government Affairs that are not listed in the annex to the regulation of this area, first proposed to the Government through the Minister of the Interior for the determinations. Subsection (2): sufficiently clear. Paragraph (3): sufficiently clear. Article 12: self explanatory. Article 13 paragraph (1): in the area of Government Affairs based on the criteria of Government Affairs Division who became its provincial areas, Government can organise themselves or assign a portion of the Government to the Government Affairs area of kabupaten/kota and village governance based on principle or task pembantuan. Article 14: pretty self-explanatory. Article 3: self explanatory. ADDITIONAL AREAS of WEST KALIMANTAN PROVINCE SHEET number 7 in 2008