Regional Regulation No. 5 Of 2007

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2007

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd442e479095b0313634323337.html

REGIONAL CIREBON CITY GAZETTE GAZETTE CIREBON CITY REGION No. 5 of 2007 E series CITY of CIREBON AREA REGULATION No. 5 of 2007 ABOUT the RULEMAKING AREA with the GRACE of GOD ALMIGHTY the MAYOR of CIREBON, Considering: a. that in order to attempt to improve the quality of legal products of the area and support the smooth implementation of the regional Government in the preparation of the draft regional legislation perceived need for guidelines about The Rulemaking Area; b. that with the enactment of Act No. 10 of 2004 on the establishment of Regulations and Law Number 32 of 2004 concerning Regional Government, then the applicable local number 7 in 2000 about how to Make local regulations and publication of Gazette Cirebon city areas need to be adjusted; 2 c. that based on considerations as referred to in letter a and letter b, hence the need to establish local regulations about how to Manufacture local regulations; Remember: 1. Act No. 16 of 1950 on the establishment of areas of major cities in East Java province/central/West and the special region of Yogyakarta (Gazette Republic of Indonesia Number 40 of 1954, an additional Sheet of the Republic of Indonesia Number 551); 2. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 3. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as amended by Act No. 8 of 2005 about the determination of the Replacement Government Regulations Act No. 3 of 2005 regarding changes to the Law Number 32 of 2004 concerning Regional Government into law (Republic of Indonesia Sheet 2005 Number 108 Additional Sheets, the Republic of Indonesia Number 4548); http://www.bphn.go.id/3 with Approval along with the HOUSE of REPRESENTATIVES and MAYOR of the CITY of CIREBON CIREBON DECIDED: setting: LOCAL REGULATIONS ABOUT HOW to MANUFACTURE LOCAL REGULATIONS. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. the city is the city of Cirebon. 2. The Government of the city is the city of Cirebon. 3. The Mayor is the Mayor of Cirebon. 4. Representatives of the area, who then called LEGISLATORS are Representatives of the city of Cirebon Area. 5. The secretariat of the Region is the city of Cirebon Area Secretariat. 6. The Regional Secretary is the Secretary of the regional city of Cirebon. 7. the Law is the law and legislation: on the Regional Secretariat. 8. A work Unit is a unit of Area of work Device Device Cirebon city areas of the Secretariat, the Secretariat of the regional PARLIAMENT, the institution, body, Office of Technical areas, districts and Subdistricts. 9. Regional Regulatory Charge Material is material that is contained in the regulatory Area in accordance with the type, function and hierarchy of laws-invitation. 4 10. Local regulations are regulations established by DPRD with the mutual agreement of the Mayor. 11. the Area of the sheet is a sheet of Cirebon city areas. 12. The regulation of the Mayor is the rule set by the Mayor as the implementation of local regulations. 13. Regional news is the news Area of the city of Cirebon. 14. Regional Legislation Program program planning instrument is the establishment of local regulations that are arranged in a systematic, integrated and well-planned. CHAPTER II ESTABLISHMENT of REGIONAL RULES article 2 of the regulation Area formed in the framework of the Organization of the autonomous region and the task pembantuan. Article 3 (1) the charge Materials local regulations as stipulated in article 2 include the entire charge material in order of organizing regional autonomy and pembantuan as well as accommodate the special conditions of the area and further elaboration of legislation a higher regard for the characteristics of the region. (2) any local regulations specify time limits implementation regulation applicable local designation by the Mayor. (3) Regulations Implementing local regulations as referred to in paragraph (2) are set at least 6 (six) months from the Regulatory Area. http://www.bphn.go.id/5 article 4 of the regulation of areas referred to in article 2 are banned is contrary to the public interest and/or regulations. Article 5 (1) of the draft local regulations can originate from PARLIAMENT or mayor. (2) the draft local regulations about BUDGETS, BUDGETS, and Changes the calculation of the GRANT only comes from the City Government. (3) the draft local regulations other than as referred to in paragraph (2) may come from PARLIAMENT or the City Government. CHAPTER III of the BASIC REGULATION article 6 REGIONS in shaping the Regulatory area should be based on the principle of the formation of good legislation, include: a. the clarity of purpose; b. institutional or organ-forming the right; c. conformity between the type and material of the charge; d. can be implemented; e. the navigability and kehasilgunaan; f. clarity of formulation; and g. openness. 6 article 7 (1) of the regulation contains Areas charge Material basis: a. the auspices; b. humanitarian; c. nationality; d. family; e. kenusantaraan; bhineka tunggal ika f.; g. Justice; h. in common position in law and Government; i. order and legal certainty; and/or j. balance, harmony and alignment. (2) in addition to the basis referred to in paragraph (1), local regulations may contain other basis in accordance with the substance of the Rule concerned Areas. CHAPTER IV article 8 CHARGE MATERIALS local regulations govern about: a. BUDGETS, BUDGETS, and Changes the calculation of the GRANT. b. Tax area, and Regional Retribution. c. the regional Spatial Plan. d. other matters that are not included as stated on the letter a and letter b, letter c. http://www.bphn.go.id/7 Chapter V PUBLIC PARTICIPATION article 9 (1) the community has the right to give feedback verbally or in writing in the stage of preparation of the draft local regulations. (2) the community in giving feedback should mention the identity of the complete and clear. (3) the entries referred to in subsection (1), the fine points of the proposed materials. (4) input from the community as referred to in paragraph (1), in the meeting agenda, the completion of the draft regulations of the area. CHAPTER VI PLANNING DRAFTING LOCAL REGULATIONS of article 10 (1) LEGISLATORS or Mayors in the form of the draft local regulations are based on the regional Legislation Program (Prolegda). (2) under certain circumstances PARLIAMENT or Mayor may submit the draft Regulation Area outside Prolegda. (3) the draft regulation of the Area comes from the REPRESENTATIVES referred to in paragraph (2) requires the approval of the first mayor. Article 11 (1) in drawing up the Prolegda PARLIAMENT can form a legislation Committee that is not fixed. 8 (2) the preparation of the Prolegda between the PARLIAMENT and the Government legislation Committee coordinated by the City PARLIAMENT. (3) the results of the arrangement Prolegda referred to in paragraph (1) established by the decision of the Mayor after approval leadership of PARLIAMENT. CHAPTER VII the PREPARATION of the ESTABLISHMENT of the first section of the getting started AREA REGULATIONS establishment of Draft local regulations of the Mayor of article 12 (1) of the working units of the device Area initiated the preparation of draft local regulations in accordance with the field of duty. (2) preparation of the draft plan the proponent reported local regulations to the Mayor accompanied with explanations more about conception design of setting local regulations that includes: a. background and objectives of the establishment; b. legal basis; c. the target wants to be realized; d. principal mind, scope or object to be regulated; e. range and direction setting; and f. the interconnectedness with other legislation. (3) Plan the preparation of the draft local regulations as referred to in paragraph (2) on the basis of: a. Prolegda; and b. networking and screening results the aspirations of society. http://www.bphn.go.id/


9 Article 13 (1) of the working units of the device Area the proponent in preparing the draft local regulations first compiled the manuscript scientific study. (2) the preparation of the manuscript for scientific studies referred to in subsection (1) is carried out through seminars, workshops and the like or a review from people or institutions that have expertise in the field. (3) the script is attached to scientific study in the deliberations of the draft local regulations. Article 14 (1) of the working units of the device Area the proponent the draft Regulation Drafting Team forming the area consisting of the elements of a work unit of the device the legal and related Areas. (2) the draft Regulation of the working Unit Region Regional initiator, a device was delivered to units of the device Work related Areas in City Government for the environment prompted a response and consideration. (3) the draft regulation of the area as referred to in paragraph (2) presented by a work unit of the device Area the proponent to the Secretary for further processing. Article 15 (1) assigning the legal Secretary to undertake harmonization and synchronization of the draft local regulations. 10 (2) harmonization and synchronization as referred to in paragraph (1) may include representatives from institutions in the area of vertical task and responsibility in the field of regulations and legislation. Article 16 Legal Department reported the development of a draft local regulations and/or issues to the Secretary of the region. Article 17 (1) of the draft Regulation the refinement Area Results from Secretary presented to the Mayor for approval into the draft Regulation. (2) the draft regulation of the areas that have been approved by the Mayor submitted to PARLIAMENT for discussion. Article 18 (1) the Mayor may form a team Assisting the deliberations of the draft local regulations. (2) the team referred to in subsection (1) is in charge of: a. gather the necessary materials; b. create an inventory list of problems; c. improve our draft local regulations; d. scheduling discussion. 11 http://www.bphn.go.id/the second part of the draft regulations of the establishment of the Regional Preparation of the DPRD article 19 (1) of at least five members of the DPRD may file an initiative proposal draft local regulations. (2) other than by members of the DPRD, the proposal the draft Regulation initiative of the area can be put forward by the Commission, the Joint Commission, or a particular DPRD fittings handling legislation. (3) the proposal the initiative as intended in paragraph (1) and paragraph (2), submitted to the leadership of the PARLIAMENT in the form of a draft regulation to the area accompanied by explanations in writing and given the number of principal by the Secretariat of the PARLIAMENT. (4) the draft Regulation of the regional initiative Consists in preparing the draft local regulations can be first compiled the manuscript scientific study. (5) preparation of scientific study of the texts referred to in subsection (4) is carried out through seminars, workshops and the like or a review from people or institutions that have expertise in the field. (6) the scientific study of the Texts included in the discussion of the draft local regulations. Article 20 (1) the proposition of the initiative referred to in article 19, by the leadership of the DPRD Plenary Meeting delivered in PARLIAMENT, after the consideration of the Committee's Deliberations. (2) in the Plenary Meetings, the proposers are given the opportunity provide an explanation over the proposal referred to in subsection (1). 12 (3) Talks about something done with initiative of the proposal provides an opportunity to: a. a member of the PARLIAMENT to give it a look; b. the Mayor to provide opinion; c. The proposers to provide answers to the views of members and the opinion of the Mayor. (4) the proposal the initiative before LEGISLATIVE initiatives being decided upon, the proposers reserves the right to propose changes and or pulled it out again. (5) the talk concludes with the decision of the PARLIAMENT accepts or refuses the proposal of LEGISLATIVE initiatives being initiated. CHAPTER VIII SUBMISSION and DISCUSSION of DRAFT REGIONAL REGULATION the first section of the submission of the draft local regulations of the Mayor of clause 21 (1) of the draft regulation to areas that have been prepared by the Mayor presented the Mayor with a letter of introduction to PARLIAMENT. (2) the Mayor reads out the introductory notes the submission of the draft regulations of the area in a plenary meeting of the PARLIAMENT. (3) an introductory Memorandum as referred to in paragraph (2) contains: a. background; b. basic goals and targets; c. issues and scope settings. (4) the draft regulation of the area referred to in subsection (1) is communicated by the leadership of PARLIAMENT to all members of PARLIAMENT. 13 http://www.bphn.go.id/the second part of the submission of the draft local regulations of PARLIAMENT section 22 (1) the draft Regulation of the regional LEGISLATIVE Initiatives that have been approved by PARLIAMENT, delivered by the leadership of the PARLIAMENT to the Mayor. (2) the DPRD fittings read out the memorandum of introduction of the draft regulations of the area in a plenary meeting of the PARLIAMENT. (3) an introductory Memorandum as referred to in paragraph (2) contains: a. background; b. basic goals and targets; c. issues and scope settings. (4) to discuss the draft local regulations as referred to in paragraph (1) the Mayor formed a team as referred to in article 18. The third part of the draft regulations of the Deployment Area of article 23 (1) Deployment draft local regulations emanating from the PARLIAMENT is exercised by the PARLIAMENT Secretariat. (2) Dissemination of the draft local regulations that come from the Mayor implemented by the Secretariat. The fourth part of the discussion of the draft local regulations of article 24 (1) of the draft Regulation submitted by Area Mayors to LEGISLATORS, at least thirty (30) days from the time PARLIAMENT accepted, should've done discussion. 14 (2) of the draft local regulations that come from LEGISLATORS or Mayors discussed by LEGISLATORS and the Mayor for approval. (3) to discuss the draft local regulations as referred to in paragraph (2) to form a Special Committee of PARLIAMENT or assigning fittings that are related to the substance of the draft local regulations. (4) if there are two draft Regulations proposed area is about the same, which discussed the draft local regulations is received in advance, whereas the draft local regulations that are accepted are then used as a complement. Article 25 (1) discussion of the draft local regulations carried out by PARLIAMENT together with the Mayor. (2) discussion of the draft local regulations as referred to in paragraph (1), carried out through four levels of conversation: a. first-level Talks, includes: 1) Plenary Meeting in the Mayor's Explanation about the submission of the draft local regulations that come from the Mayor; 2 Plenary meeting) description by the leadership of the Commission/Joint Commission or the Chairman for Special Committee against the draft local regulations and local regulations or changes over the proposal of LEGISLATIVE initiatives. b. second-level Talks. includes: 1) in the case of the draft local regulations that come from the Mayor: a General View of the fraction)-fraction against which the local regulations that come from the Mayor; http://www.bphn.go.id/15 b) answer the Mayor's response to the public views the fraction-faction. 2) in the case of the draft local regulations over the LEGISLATIVE proposal: a) the opinion of the Mayor's response to the draft local regulations over the LEGISLATIVE proposal; b) answer from Fraction-fraction against the opinion of the Mayor. c. third level Talks, including a discussion in the meeting of the Commission/Joint Commission or a Special Committee meeting was conducted jointly with the mayor or appointed Officials; d. the fourth level, the Talks include: 1) decision making in Plenary Meeting which was preceded by: a) reports the results of the third stage of the talks; b) opinion end Fraction; c) decision-making. 2) signing event news decision-making and mutual agreement; 3) submission of greeting the Mayor against decision-making. (3) prior to talks as referred to in paragraph (1) held meetings faction. (4) if deemed necessary the Committee Deliberations may determine that a second phase of talks conducted in the joint meeting of the Commission or in the Special Committee meeting. the fifth section of 16 local regulations Draft Withdrawal of article 26 (1) of the draft local regulations can be withdrawn before it is discussed jointly by the PARLIAMENT and the Mayor. (2) the draft regulation of the area being discussed can only be withdrawn upon mutual agreement of PARLIAMENT and the Mayor. (3) the recall of draft local regulations as referred to in subsection (1) by Decision of PARLIAMENT is carried out by the leadership of PARLIAMENT accompanied by the reasons for doing so. (4) withdrawal of the draft local regulations as referred to in subsection (1) by the Mayor, delivered with a letter the Mayor accompanied by the reasons for doing so. (5) the recall of draft local regulations as referred to in paragraph (2), conducted in the meeting discussion draft local regulations with the approval of the joint between the REPRESENTATIVES and the team new Godard? formed Mayor. (6) the draft Regulations areas that withdrawn cannot be submitted again during the same trial. CHAPTER IX of the DRAFT REGULATORY APPROVALS and DETERMINATION of AREAS article 27 (1) of the draft regulation to areas that have been approved jointly by the PARLIAMENT and the Mayor delivered by the leadership of the PARLIAMENT to the Mayor to set to become Regional Regulations. http://www.bphn.go.id/


17 (2) submission of draft local regulations as referred to in subsection (1) is carried out for a period of at least 7 (seven) days counted from the date of approval of the joint. Article 28 (1) of the draft regulation to the area as dimakud in article 27 set by Mayor by appending a signature for a period of at least 30 (thirty) days since the drafts of the Regulations were approved jointly by PARLIAMENT and the Mayor. (2) in respect of the draft regulations of the area referred to in subsection (1) is not signed by the Mayor in a time of at least 30 (thirty) days since the drafts of the Regulations be approved together, then the draft local regulations legal Regulations become mandatory and enacted. (3) in respect of the draft regulations of the area legitimately referred to in subsection (2), revoke the sentence then reads: regulation of this area was declared valid. (4) the phrase which reads an endorsement referred to in subsection (3) must be affixed on the last page of local regulations prior to Enactment of regulatory texts Area into the sheet area. Article 29 (1) of the regulation the area referred to in article 27 should not be contrary to the public interest, the higher legislation and regulations in other areas. (2) Regulatory Area referred to in subsection (1) applies after the promulgation in the piece. 18 (3) local regulations relating to BUDGETS, local tax, a levy on regional and spatial area before enacted in the area of the sheet should be evaluated by the Government. CHAPTER X ENGINEERING DRAFTING LOCAL REGULATIONS concerning provisions of article 30 of Regulation drafting engineering Areas listed in the annex which is an integral part of the rules section of this area. CHAPTER XI ENACTMENT and DEPLOYMENT of the first part of the Enactment of article 31 (1) local regulations enacted in the piece. (2) the regulations contained in the Mayor's News area. (3) the Enactment of regulations in the Area of the sheet and regulatory Area Mayors in the news Area is carried out by the Regional Secretary. Article 32 (1) Enactment of regulatory Regions are defined as follows: a. A Series: for local regulations regarding Budget revenues and Shopping Areas; b. series B: for local regulations regarding tax areas; c. C Series: for local regulations about Retribution region; http://www.bphn.go.id/19 d. D Series: for local regulations regarding Institutional; and e. E series: to local regulations governing materials local regulations in addition to the letter a up to d. (2) Writing the serial number referred to in subsection (1) are written in the book of the agenda of the enactment. Article 33 local regulations come into force and have the force of law on the date of enactment, unless other is specified in the regulations of the area in question. The second part of article 34 Dissemination city government obliged to promulgate Regulatory areas that have been enacted in the Area of the sheet and the regulations under it that has been loaded in the news area. CHAPTER XII the IMPLEMENTATION of LOCAL REGULATIONS of article 35 (1) to carry out the local regulations and upon the power of the Mayor's legislation, regulated the Mayor and/or the decision of the Mayor. (2) regulations the Mayor and/or the Mayor's decision as referred to in paragraph (1) is contrary to the legislation, the interests of the public and other local regulations. 20 Article 36 (5) any local regulations must specify the time limit designation Regulations the Mayor and/or the decision of Mayor as the implementation Regulations of the area. (6) the deadline for the determination of the Mayor and/or Regulatory Decision the Mayor referred to in subsection (1) the longest 6 (six) months from local regulations enacted. CHAPTER XIII OFFENCES and PROCEEDINGS of Article 37 (1) of the regulation contains a provision about the Area can be the imposition of nötigung law enforcement costs, in whole or in part to the offenders in accordance with applicable local regulations. (2) local regulations can contain the threat of criminal confinement of not longer than 6 (six) months or a maximum fine of Rp. 50,000,000.00 (fifty million rupiah). (3) local regulations may include fines or criminal threats other than as referred to in paragraph (2) in accordance with that set forth in other legislation. Article 38 (1) Investigation against violations committed by Investigators civil servant (1988) in the corresponding city government environmental regulations. (2) in carrying out the task of investigation, the Investigators referred to subsection (1) is authorized to: a. receive reports or complaints from a person of a criminal offence; b. action at the time was first on the scene and conducting an examination; 21 c. http://www.bphn.go.id/told to stop someone suspects and examine the self identifier suspects; d. perform the seizure of objects and or letters; e. taking fingerprints and a photograph of a person; f. calling someone to be a suspect or a witness; g. bring the necessary expert people in connection with the proceeding; h. stopped the investigation after coordination with Public Investigators that there was no sufficient evidence, or such events does not constitute a criminal offence and subsequently through the Public and inform the Investigator to the Prosecutor, the suspect, and her family; and i. held another action according to the law which can be accounted for. CHAPTER XIV CLOSING PROVISIONS Article 39 With the enactment of the regulations in this Area, then the applicable local number 7 in 2000 about how to Make local regulations and publication of Gazette of the city of Cirebon Area revoked and declared inapplicable. Article 40 things that have not been provided for in the regulation of this area along the technical implementation will be further regulated by regulation the Mayor. 22 Article 41 of regulation of 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 Area of the city of Cirebon. Passed in Cirebon on April 19, 2007 the MAYOR of CIREBON, Ttd. S U B A R D I Enacted in Cirebon on April 23, 2007 the CITY of CIREBON AREA GAZETTE YEAR 2007 number 5 SERIES E http://www.bphn.go.id/P E N J E L A S A N OVER the CITY of CIREBON AREA REGULATION No. 5 of 2007 ABOUT the RULEMAKING AREA i. GENERAL in the framework of the Organization of the autonomous region and pembantuan formed local regulations which is a further elaboration of the legislation. To realize the quality of local regulations then required guidelines in the field of formation of local regulations. Orderly establishment of local regulations must be established from the moment of planning up to pengundangannya. To form the good Areas, Regulations required the various requirements relating to the system, principles, the procedures for the preparation and discussion of the drafting techniques, as well as its formation. The establishment of local regulations is based on the principle of the formation of legislation which includes clarity of purpose, institutional or organ-forming proper alignment of the type and material of the charge, can be implemented, navigability and kehasilgunaan, the clarity of formulation and openness. 24 with the enactment of Act No. 10 of 2004 and Act No. 32 of 2004, then PARLIAMENT has a very important role in the process of formation of local regulations, which in article 41 Law Number 32 year 2004 mentioned that PARLIAMENT has the function of legislation, budget and oversight. Ordinances, procedures and mechanisms of regional Regulations drafting earlier based on Act No. 22 of 1999, Presidential Decree Number 188 of 1998 and the Presidential Decree Number 44 in 1999. It was followed up with the establishment of the regulatory region number 7 in 2000 about how to Make local regulations and publication of Gazette Area of the city of Cirebon. With the establishment of Act No. 10 of 2004 and Law Number 32 year 2004 then the procedure and mechanism of drafting local regulations need to be reviewed. II. For the SAKE of ARTICLE ARTICLE article 1 terms formulated in article it was intended to, there is the sense of uniformity in content regulation of this area, so as to avoid misunderstanding in the interpretation. Article 2 is quite clear. Article 3 is quite clear. http://www.bphn.go.id/


25 article 4 is "contrary to the public interest" in this provision is the policy which resulted in disruption of harmony between citizens, disruption of public services, and disruption of peace/public order as well as the discriminatory policy. Article 5 is quite clear. Article 6 letter a is the basis of the "clarity of purpose" is that each establishment of Regional Regulations should have the clear objective to achieve. The letter b is the principle of "institutional or organ proper maid" is that every type of local regulations to be made by the institutions/officials authorized the creation of local regulations. Local regulations can be cancelled or annulled by law, when made by agencies/officials. The letter c is the basis of the "alignment of the type and material of the charge" is that in the formation of Legislation should really pay attention to the proper charge material with the kind of Laws-the invitation. 26 the letter d is the basis of "enforceable" is that each establishment of local regulations must take into account the effectiveness of the regulation of the area within the community, whether philosophical, juridical as well as sociological. The letter e is the basis of "navigability and kehasilgunaan" is that each local regulations is made because it is really necessary and useful in regulating the life of the community, nation, and State. The letter f is the basis of "clarity of formulation" is that each local regulations must meet the technical requirements of drafting local regulations, systematics and the choice of words or terminology, as well as the language of the law is clear and easy to understand, so as not to give rise to a variety of interpretations in practice. The letter g is the principle of "openness" is that in the process of formation of Regional Regulations starting from the planning, preparation, drafting, and the discussion is transparent and open. Thus all walks of life have the opportunity to provide input in the existence of the making process of local regulations. http://www.bphn.go.id/27 Article 7 paragraph (1) letter a is a "basic shelter" is that any material Regulatory area should be Charge function provides protection in order to create harmony in society. The letter b is a "humanitarian basis" is that any material Regulatory Charge should reflect the Area of the protection and respect of human rights and the dignity and the dignity of every citizen and resident of Indonesia proportionately. The letter c is a "principle of nationality" is that any material Charge local regulations should reflect 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. The letter d is a "family basic" is any material Regulatory Charge should reflect Areas of deliberation for consensus in any decision making. 28 letter e is a "basic kenusantaraan" is that any material Regulatory Charge Area always pay attention to the interests of all regions of Indonesia and is part of the national legal systems are based on Pancasila. The letter f is a "fundamental bhineka tunggal ika" is that any material Regulatory Charge Areas should pay attention to the diversity of the population, religion, tribe, and the specific conditions of the region, culture and especially concerning sensitive issues in the life of society, nation, and State. The letter g is a "fundamental justice" is that any material Charge local 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 Regulatory Charge Area should not contain things which are distinguished based on the background, among other things, religion, tribe, race, class, gender, or social status. 29 http://www.bphn.go.id/the letter i is a "basic order dam legal certainty" is that any material Regulatory area should be Charge may give rise to public order in society through a guarantee of legal certainty. Letter j referred to as "the principle of balance, harmony, and harmony" is that any material Charge local regulations must reflect balance, harmony, and the harmony between individual and community interests with the interests of the nation and the State. Subsection (2) is quite clear. Article 8 is quite clear. Article 9 is quite clear. Article 10 in order for the establishment of local regulations can be implemented in planning, then the formation of local regulations need to be made on the basis of regional legislation program. In the program area legislation set out the scale of priorities in accordance with the development needs of the legal community. Regional legislation program to load the program long-term legislation, intermediate or annual. 30 regional legislation Program intended to keep the rules of the area remains in the unity of the national legal system. Article 11 is quite clear. Article 12 is quite clear. Chapter 13 is quite clear. Article 14 is quite clear. Article 15 is quite clear. Article 16 is quite clear. Article 17 is clear enough. Article 18 is quite clear. Article 19 is quite clear. Article 20 is quite clear. Clause 21 is quite clear. http://www.bphn.go.id/31 Article 22 is quite clear. Article 23 of the draft local regulations disseminated for instance through TV, Radio, Internet, Print Media and circular in the area concerned, so that people know the existence of the draft local regulations that are being discussed in PARLIAMENT. Thus the public can provide input for any content of the draft regulation to the area being discussed. Article 24 is quite clear. Article 25 paragraph (1) in the discussion of the draft local regulations in the DPRD, the Mayor can be represented, except in the submission and decision making. Paragraph (2) letter a is quite clear. The letter b is quite clear. The letter c is the result of discussion of the draft regulations of the area in the meeting of the Commission/Committee/fittings special handling LOCAL legislation is carried out together with officials representing the Mayor (third stage of the discussion of the draft local regulations) set forth in writing and signed by the Chairman of the DPRD Fittings in the form of mutual agreement. 32 letter d is quite clear. Paragraph (3) is quite clear. Subsection (4) is quite clear. Article 26 is quite clear. Article 27 paragraph (1) the DPRD and mutual agreement the Mayor poured in writing and signed by the Chairman of PARLIAMENT and the Mayor. Subsection (2) is quite clear. Article 28 is quite clear. Article 29 is pretty clear. Article 30 is quite clear. Article 31 is quite clear. Article 32 is quite clear. Article 33 is quite clear. http://www.bphn.go.id/33 Article 34 does "promulgate" is in order for the audience to know Legislation in the region concerned and understand/comprehend the contents and intentions contained in it. Dissemination of legislation is done, for example through electronic media such as TV, Radio, Internet, Print Media and circular in the area concerned. Article 35 is quite clear. Article 36 is quite clear. Article 37 paragraph (1) the definition "cost of nötigung law enforcement" in this provision is additional sanctions in the form of the imposition of costs to violators of the regulation Area outside the conditions set forth in the provisions of the criminal. Subsection (2) is quite clear. Article 38 is quite clear. Article 39 is quite clear. Article 40 is quite clear. Article 41 is quite clear. ADDITIONAL SHEET AREA of the CITY of CIREBON CIREBON MAYOR number 9 ANNEX: REGULATIONS of the CITY of CIREBON AREA number: 5 years 2007 date: 19 APRIL 2007 ABOUT: RULEMAKING PROCEDURES AREA i. AREA REGULATORY FRAMEWORK regulatory framework Regions consists of: a. Title; B. Opening; C. Torso; D. Closing; E. Explanation; F. Appendix (if necessary). A. Title 1. Any local regulations given the title. 2. The title of the Regulation Area contains a description of the type, number, year of enactment and the names of local regulations. 3. The name of the local regulations made briefly and reflect the content of the regulation area. 4. The title is written with a capital letter, placed in the middle of margin without ending punctuation. Example: the CITY of CIREBON AREA RULE number 7 of 2004 ABOUT the BILLBOARD TAX http://www.bphn.go.id/


35 5. On the title of the regulation Area changes CHANGES to the phrase added in front of the title of the Regulation of the modified Area. Example: The CITY Of CIREBON AREA REGULATION Number ... ... ... Year ... ... ... .... ABOUT CHANGES TO THE APPLICABLE LOCAL NUMBER ... ... ... ... ... .... Year ... ... ... .... TENTANG ....................................................... 6. If local regulations have been changed more than 1 (one) time, between the word and the words CHANGE OVER the inserted information which shows how many times the change has been made, without detailing the changes before. Local regulations the maximum change is held as many as three (3) times, if after three (3) times the area, then the rule change must be made to the new local regulations. Example: The CITY Of CIREBON AREA REGULATION Number ... ... ... Year ... ... ... .... THE THIRD CHANGE OF TOP OF APPLICABLE LOCAL NUMBER ... ... ... ... .... Year ... ... ... About....................... 36 7. On the title of the regulation to revocation REVOCATION of words inserted Area in front of the name of the local regulations are repealed. Example: The CITY Of CIREBON AREA REGULATION Number ... ... ... Year ... ... ... .... ABOUT THE REPEAL OF THE REGULATION AREA NUMBER ... ... ... ... .... Year ... ... ... About................ B. opening of the 1. The opening of local regulations consist of: a. the phrase With the grace of God Almighty; b. Office of the shaper local regulations; c. legal basis; d. dictum. 2. At the opening of local regulations before the name of the Office of Regulatory areas, forming listed phrase with the GRACE of GOD ALMIGHTY with a capital letter, placed in the middle of the margin. 3. The Office of the shaper local regulations written with capital letters, placed in the middle of margins and end with punctuation a comma. 4. Considerations a. considerations are prefixed with the word Weigh; b. considerations contains a short blurb about the fine points of mind into the background and reason of making local regulations; c. the mind trees contain philosophical, juridical and sociological backdrop of manufacture; http://www.bphn.go.id/37 d. trees which only States that local regulations deemed necessary to be created is less precise because it does not reflect on the background and reason of establishing local regulations; e. If considerations to load more than one (1) the subject matter of the mind, each principal thoughts formulated in a series of sentences which is the unity of understanding; f. each staple mind beginning with the letter of the alphabet, and is encapsulated in one sentence beginning with the words that and end with punctuation semicolon; Example: Considering: a. that........................; b. that........................; c. that........................; g. If considerations to load more than one pellet formulation considerations, consideration of the latter reads as follows: example: Considering: a. that.............................; b. bahwa .............................; c. that based on considerations as referred to in letter a and letter b need to establish local regulations about...........; 5. Legal basis: a. legal basis beginning with the words Remember; b legal basis contains the basic lawmaking authority Area; c. legislation used as a legal basis for the invitation-only laws in the same grades or higher; 38 d. legislation which will be repealed with the regulations will be established or the legislation already enacted but not yet formally in force, are not listed as a legal basis; e. If the amount of legislation that serve more than one legal basis, the order of inclusion need to pay attention to the layout order of legislation and if the level in the same chronological based on the time of enactment or determinations; f. statutes, people's Consultative Assembly (TAP MPR) is not used as the basis of law, unless expressly ordered the formation of the legislation in question; g. writing the legislation, both the letter U are written with a capital letter; h. If the basic law contains more than one regulatory legislation, each legal basis beginning with the Arabic numerals 1, 2, 3, and so on and end with punctuation semicolon; Example: Given: 1. Act No. 10 of 2004 about.......; 2. Law Number 32 year 2004 about.. …; 3. Government Regulation number ... ... ... Year.. ... ... ... ... ... about ... ... ... ... ... ...; 6. the Dictum a. dictum consists of:-the word Decide; words Set; -the name of the local regulations. b. Word DECIDE written with capital letters without spaces between syllables and end with punctuation colons and placed in the middle of margins; http://www.bphn.go.id/39 c. before the word DECIDED enclose the phrase with the mutual agreement; d. after mutual agreement With words imprinted said the HOUSE of REPRESENTATIVES and MAYOR of the CITY of CIREBON CIREBON written entirely with capital letters and centered margins; Example: With the joint approval of the HOUSE of REPRESENTATIVES and MAYOR of the CITY of CIREBON CIREBON DECIDED: the e Word Set are listed after the word DECIDE which aligned to the bottom with the word Weigh and remember. The initial letter of the Word sets the initial letter is written with a capital letter and end with punctuation colons; f. the name that is listed in the title of the regulation Area are listed after the Word set and written with a capital letter and end with punctuation points; Example: DECIDED: Setting: LOCAL REGULATIONS About................................. (.) 40 c. Torso 1. The torso of the regulation Area contains all the substance of the regulation Area formulated in article (article). 2. In general the substance in the torso are grouped into: a. General provisions; b. subject matter regulated; c. criminal provisions (if required); d. transitional provision (if required); e. conditions of cover. 3. in the classification of the substance as possible avoided the existence of other PROVISIONS or the like. The material in question attempted to fit into an existing chapter or can also be loaded in its own chapter with the title to suit the material to be arranged. 4. a Substance which consists of administrative sanctions or penalties for infringement of the norms keperdataan encapsulated into one section (article) and the norm that provides administrative penalties or sanctions keperdataan. 5. If the norm that provides administrative sanctions or keperdataan there is more than one article, administrative sanctions or penalties keperdataan formulated in the last chapter of this section (article). Thereby avoided sanctions provisions as well as formulation contains criminal sanctions, penalties and administrative sanctions keperdataan in one chapter. http://www.bphn.go.id/41 6. Administrative sanctions may include, among others, revocation of permits, dissolution, supervision, administrative fines, suspension or forced power polisional. Keperdataan sanctions may take the form, among other damages. 7. A grouping of materials local regulations can be drawn up systematically in the book, chapters, sections and paragraphs. 8. If local regulations have material that is very broad in scope and space have many article, article (article) can be grouped into the book (if it is a codification) of the chapters, sections and paragraphs. 9. The classification of the material in the book, chapter, section and paragraph is done on the basis of similarity of material. 10. The order of the grouping are as follows:-chapter by chapter (chapters) without sections and paragraphs; -Chapter with sections and articles without paragraphs; or-chapter with sections and paragraphs that contain chapters (chapters). 11. Chapter are numbered with Roman numerals and ordinal title of the chapter is written with a capital letter. Examples: chapter I GENERAL PROVISIONS 12. Sections are numbered sort by the number of levels that are written with the letter and was given the title. 42 13. The initial letter of the word parts, order number and each word in the title of the piece is written with a capital letter, unless the initial letter of the word particles that are not located at the beginning of the phrase. Example: part five technical requirements of the motor vehicle, Trailer, and Glue. The paragraphs are numbered with Arabic numerals and ordinal given the title. 15. The initial letter of the word paragraph and every word in the title of the paragraph is written with a capital letter, unless the initial letter of the word particles that are not located at the beginning of the phrase. Example: Paragraph 1 the Chairman, Vice Chairman and the judge. Article is a unit of the rules in the legislation that contains a single norm and encapsulated in one sentence written in brief, clear, and straightforward. 17. Material better formulated local regulations in the form of a short article and clearly than into several chapters, each chapter contains many verses, except if the material becomes the content of the article is a series of inseparable. 18. Article given the numbers sort by Arabic numerals. http://www.bphn.go.id/


43 19. The initial letter of the word article used as a reference is written with a capital letter. Example: article 19 Provisions as stipulated in article 12 and article 16 does not negate the obligation to pay damages as referred to in article 18. 20. article can break down into a few verses. 21. Paragraph numbered sort by Arabic numerals between brackets without ending punctuation punctuation point. 22. One paragraph should only contain a single norm that is encapsulated in one sentence intact. 23. The initial letter of a word that is used as a reference was written with lowercase letters. Example: article 29 (1) every applicant for a new Population Sign Cards before the age of sixty (60) years of age to become a participant of the insurance. (2) every citizen who has insured Residents Sign Card will receive a payment claim according the cause of death. 44 24. If an article or paragraph contains the details of the elements, then besides formulated in the form of sentences with details, you may also consider the use of a formula in the form of tabulated. Example: article 17 can be given suffrage is a citizen of Indonesia that has been aged 17 (seventeen) years or have been mating and has been listed on the list of voters. The content of the article can be more easily understood if formulated sebagaiberikut: example: tabulate the formulation of article 17 can be given suffrage is a citizen of Indonesia who: a. has been aged 17 (seventeen) years or have been mated, and b. have been registered on the voters ' list. 25. If the details in the tabulator is intended as the cumulative details, added words and placed behind the details both of the final details. 26. If the details in the tabulator is intended as an alternative word or added details that are placed behind the details both of the final details. 27. If the details in the tabulator is intended as the cumulative details and alternate, added words and/or placed behind the details both of the final details. http://www.bphn.go.id/45 28. The words and, or, and/or need not be repeated at the end of each of the elements or details. Example: a. each details marked with the letter a, letter b, and so on. Pasal 8 (1) ............................................................... (2) .............................................................. : a. ..........................................................; b. .......................; (and, or, and/or) c ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... b. If a details require further details are marked with Arabic numerals 1.2 and so on. Pasal 11 (1) ............................................................... (2) ............................................................. : a. .........................................................; b. .......................; (dan, atau, dan/atau) c. ........................................................ : 1. ....................................................; 2. ..................; (and, or, and/or) 3...................................................... c. If a further details require detailed details, details that are marked with the letter a), b) and so on. Contoh : Pasal 16 (1) ............................................................... (2) ............................................................... a. .........................................................; b. ......................; (dan, atau, dan/atau) 46 c. .........................................................: 1. ....................................................; 2. ..................; (and, or, and/or) 3. ................................................... : a). ................................................; b). .............; (and, or, and/or) c). ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... d. If one requires more details details details, details that are marked with the number 1), 2), and so on for example: article 16 (1)................................................................ (2) ................................................................ a. ..........................................................; b. ......................; (dan, atau, dan/atau) c. .........................................................: 1. ....................................................; 2. .................; (and, or, and/or) 3. ................................................. : a). ..............................................; b). ...........; (and, or, and/or) c). .............................................; 1). ........................................; 2). .........................................; 3). .......................................... C.1. General provisions 1. General provisions laid out in chapter one. If local regulations are not performed in a grouping of chapters, the General provisions laid out in section (article) early. 2. General provisions may contain more than one article. http://www.bphn.go.id/47 3. General provisions contains: a. limitations on understanding or definition; b. an abbreviation or acronym used in this regulation; c. things that are universally applicable to article (article) the next, among others provisions that reflect fundamental, intent, and goals. 4. the opening Phrase in the General provisions of the regulation reads: in the area of regulation of this area is: 5. If the General conditions contain limitations on the understanding or definitions, abbreviations, or acronyms more than one, then each of his sort are numbered with Arabic numerals and begins with a capital letter and end with a punctuation point. 6. Words or terms that are contained in the General conditions are simply words or terms that are used repeatedly to restart within the article (articles). 7. If a word or term is used only one time, but the word or term that required understanding for a chapter, section or paragraph in particular, it is recommended that a word or term is given a definition. 8. If a limitation of understanding or definition needs to be quoted again in the General provisions of a regulation implementation, then the formula limits the understanding or definition in the implementation of the regulation should be the same as the formula of heresy or definitions contained in the regulations that implemented higher. 48 9. Because of the limitations of understanding or definitions, abbreviations, or acronyms serves to explain the meaning of a word or term, then the limits of understanding or definitions, abbreviations, or acronyms don't need to given an explanation, and therefore should be formulated in such a way so as not to cause a double sense. 10. Order placement of words or terms in general conditions follow the following conditions: a. the understanding set about the scope of the public placed ahead of a special berlingkup; b. the notion that there is a first in the subject matter which is set to be placed in the order first; and c. the understanding related to understanding on it was placed close together in a sequence. C. 2. Subject matter regulated 1. The subject matter regulated is placed directly after the chapter General provisions, and if there is no grouping of chapters, subject matter regulated is placed after article (article) the General provisions. 2. The Division of subject matter into smaller groups carried out according to the criteria relied upon the Division. C. 3. Criminal Provisions (if needed) 1. Criminal provisions contain a formula declaring the overthrow of criminal violations against the provisions containing norms of prohibition or command. http://www.bphn.go.id/


49 2. In formulating criminal provisions to consider general principles of criminal provisions contained in One Book the book of the law, the criminal law provisions in the Union applies also for acts that can are convicted according to other legislation, unless otherwise specified by law (Article 103 of the book the laws of criminal law). 3. In determining the length of criminal sanctions or the number of fines have to be considered about the impact brought about by criminal sanctions within the community as well as the element of fault of the perpetrator. 4. criminal Provisions are placed in a separate chapter, namely the criminal provisions of the chapter that is located after the subject matter regulated or transitional provisions chapter before. If there are no transitional provisions chapter, its location is before the concluding chapter. 5. If within the Regulatory Area not held grouping chapter per chapter, the criminal provisions are placed in the article which is located directly before the article (chapters) which contains the terms of the transition. If there is no article containing the conditions of the transition of the criminal provisions, placed before the closing chapter. 6. Formulation of criminal provisions should mention expressly the norm of prohibition or injunction violated and mentions article (chapters) that contains the norms. Thus, the need to avoid: a. pengacuan to the provisions of criminal legislation; b. pengacuan to the Criminal Law Act, if the element or elements referenced from the norm is not the same. 50 7. If the criminal provisions apply to anyone, subject to the provisions of the criminal are formulated with the phrase everyone. 8. As regards the existence of a distinction between the crime of crimes and criminal acts of violation in the book the laws of criminal law, the criminal provisions of the formulation should state expressly whether the Act is liable to a criminal offence as it dikualifikasikan. Examples: chapter X CRIMINAL PROVISIONS of article 35 (1) every person who contravenes the provisions of article ... ... ...., are convicted by criminal confinement longest........................... or a maximum fine of Rp....................... (................................). (2) a criminal offence referred to in subsection (1) is an offence. 9. Formulation of criminal provisions in applicable Areas are alternatives. C. 4. Transitional Provisions (if needed) 1. Transitional provisions contain adjustments against a local regulations that already existed when the regulation of those areas can run smoothly and does not give rise to legal issues. http://www.bphn.go.id/51 2. Transitional provisions contained in the transitional provisions of chapter and placed among the criminal provisions of chapters and chapter the concluding provisions. If within the applicable local chapter grouping not held, article contains a transitional provision placed before article which contains a provision covers. 3. At the time of a declared Area Regulations came into force, all existing legal relationship or legal action that happened both before, during, and after the new local regulations stated took effect, subject to the provisions of the regulations of the new area. 4. If a rule diberlakusurutkan, rule an area the area should contain provisions concerning the status of legal action is happening, or the legal relationships that exist within the grace period between the start date and the start date diberlakusurutkan applicable pengundangannya. 5. Considering the introduction of general principles of criminal law, the determination of the power sold to recede should not diberlakusurutkan to the provisions concerning criminal or violation. 6. avoid the formulation in terms of passage which contains veiled over rules changes in other areas. This change should be done by creating a new understanding of restrictions in terms of the General regulations of the region or done by creating local regulations change. 52 c. 5. Closing provision 1. The provisions cover is placed in the last chapter. If not held grouping chapters, the provisions cover is placed in the article (article). 2. In general terms cover contains a provision concerning: a. the designation of organ or equipment which carry out local regulations; b. short name; c. the status of existing local regulations; and d. when local regulations took effect. 3. The provisions of the regulation implementation can load cover are: a. run (Executive), for example, the appointment of certain officials authorized to give consent, appoint a clerk, and others; b. set the (legislature), for example, provide the authority to make regulations implementation. 4. For the name Rules long areas that can be loaded on a short name (excerpt) by observing the following matters: a. the number and the year of the expenditure in question are not listed; b. short name not be abbreviations or acronyms, abbreviations or acronyms unless it is very well known and do not give rise to misunderstanding. http://www.bphn.go.id/53 5. Short name not contain notions that deviate from the contents and the name of the local regulations. 6. avoid giving a short name for the name of the actual Area Regulations is short. 7. avoid the use of synonyms as the short name. 8. If the material in the new area of Regulation led to the need for replacement of all or part of the material in the old area of Regulation, in the new area of Regulation should expressly be governed as to repeal all or part of the rules of the old Areas. 9. Outline of revocation begins with the phrase at the time the regulation of this area comes into force, except for revocation made by local regulations repeal itself. 10. For the sake of legal certainty, for the removal of local regulations should not be formulated in general terms but mentions explicitly that where local regulations is revoked. 11. To disconnect the Regulatory area which have been enacted and had entered into force, use the phrase was revoked and declared inapplicable. Example no. 9, 10 and 11: at the time this Area Regulations took effect, then the applicable local number ... ... Year ... ... ... ... about ... ... ... ... ... .... (The City Of Cirebon Area Year Sheet ... ... .... Number ... ... ... .., Additional Sheets Of Cirebon Town Area Number ... ....) revoked and declared inapplicable. 54 12. If the number of local regulations that stripped more than 1 (one), can be considered a way of writing with details in the form of tabulated. Example: at the time this Area Regulations took effect, then: 1. Applicable local number ... ... ... ... Year ... ... ... ... ... about ... ... ... (The City Of Cirebon Area Year Sheet ... ... .... Number .... Extra Sheets, Cirebon City Area Number ... ... .....); 2. Applicable local number ... ... ... ... Year ... ... ... about ... ... ... ... .... (The City Of Cirebon Area Year Sheet ... ... ... Number ... ... ... .., Additional Sheets Of Cirebon Town Area Number ... ... ....); revoked and declared inapplicable. 13. Regional Regulations Repeal should be accompanied by information on the legal status of the implementation of regulations, rules, or decisions that have been issued based on local regulations are repealed. 14. To repeal Regulations areas that have been enacted but not yet into force, use the phrase was withdrawn and declared inapplicable. Example: at the time this Area Regulations took effect, then the applicable local number ... ... ... ... ... Year ... ... ... ... about ... ... .... (The City Of Cirebon Area Sheet Number ... .., Additional Sheets Of Cirebon Town Area Number ... ....) withdrawn and declared inapplicable. http://www.bphn.go.id/55 15. Basically any local regulations came into force at the time of the corresponding local regulations enacted. 16. If there is a deviation towards the enactment of Regulations during the area in question at the time of enactment, this should be stated explicitly in the regulations of the area in question with: a. determine the specific date when local regulations would apply: example: regulation of this area came into effect on April 17, 2005 b. submit the assignment to the enactment of the Ordinance began when other areas of the same grades the passage of time, if it is a codification, or by other local regulations. Example: When start the enactment of Regulations in this Area will be set by regulation. c. by determining by a certain grace period since the moment of enactment or the assignment. In order not to cause any errors of interpretation using the phrase after a. .. .... (grace period) since ... ... ... ... ... .... Example: this area is Regulation entered into force after 1 (one) year from the date of enactment. 56 17. Avoid phrase................... entered into force effective on ... ... ... ... ... or the like, since this phrase raises uncertainty about when the official enactment of a rule the area when the enactment or effective. 18. Basically the moment begin to apply local regulations are the same for all parts of the Regulation area and throughout the region. Example: this area is Regulation come into force on the date of promulgation. 19. while essentially started the enactment of regulations of the area cannot be determined earlier than at the time of pengundangannya. 20. When starting the enactment applicable local implementation should not be set earlier than at the time the Regulations come into effect the underlying Areas. 21. Local regulations can only be revoked by local regulations in the same grades or higher. D. Cover 1. The cover is the end of local regulations and includes: a. the formulation and placement of Regulatory enactment command Areas in Regional Gazette; b. signing an endorsement or assignment Rules Area; c. Regional Regulatory enactment; and d. end of the cover. http://www.bphn.go.id/


57 2. Formulation and placement of Regulatory enactment command area in Regional Sheet as follows: example: to let everyone know, ordered the enactment of regulations in this Area with its placement in the sheet Area of the city of Cirebon. 3. Signing an endorsement or assignment Rules Area contains: a. place and date of endorsement or assignment; b. the name of the Office; c. signature officials; and d. full name officials who signed, without a title and rank. 4. Outline of the place and date of endorsement or assignment is placed on the right. 5. The name of the Office and the name of the official written with capital letters, at the end of the name of the Office was given a punctuation commas. Example: Legalized in Cirebon on............................. The MAYOR of CIREBON, the signature NAME CLEAR 58 6. Enactment of regulatory Region contains: a. place and date of enactment; b. the name of the authorized term passes; c. signature; and d. full name officials who signed, without a title and rank. 7. Place the date of the enactment of the regulation Area is placed on the left (below the signing an endorsement or assignment). 8. If within a period of at least thirty (30) days from the Mayor did not sign the draft local regulations which had been approved between the House of representatives and Mayor of the area, then listed the phrase following the name of the official of the endorsement instituted Regulations which reads: this area is declared valid. 9. At the end of the closing section noted the sheet Area, along with the year and the number of sheets of the region. 10. The writing phrase Sheet area and regional news written with a capital letter. Example: The CITY Of CIREBON AREA YEAR SHEET ... .... Number ... ... ... Series................. http://www.bphn.go.id/59 E. Description 1. Local regulations can be given an explanation, if needed. 2. description serves as an official interpretation of the applicable local Shaper over certain norms in the torso. Therefore, the explanation contains only the description or listing of more of the norm which is set in the torso. Thus, the explanation as a means to clarify the norms in the torso should not lead to the occurrence of the obscurity of the norm that is described. 3. Explanation cannot be used as a legal basis to make further regulations. Therefore, avoid making the formulation of norms in the explanation. 4. In explanation avoided formula which contents contain veiled changes against the provisions of the regulation area. 5. explanatory Texts drawn up together with the preparation of the draft regulations of the area in question. 6. explanation of the Title of the regulation Area is equal to the title of the corresponding local regulations. Example: EXPLANATION Of The RULES Of The CITY Of CIREBON AREA Number ... .... Year ... ... .... ABOUT PERMIT BUILDING in the TOWN of CIREBON 60 7. Explanation the rules Area contains general description and explanation of the article for the sake of the article. 8. a general description and explanation of the details of the article for the sake of the article begins with Roman numerals and written with a capital letter. Example: I. GENERAL II. ARTICLE for the SAKE of article 9. General description contains a description about the background of systematic thought, intent, purpose and preparation of Regulatory areas that have been briefly listed in point considerations, as well as the principles, goals, or the points contained in the torso Area Regulations. 10. Those parts of the public explanation can be numbered with Arabic numerals, if this gives more clarity. Example: i. General 1. Dasar Pemikiran ........................................................................ 2. Pembagian Wilayah ....................................................................... 3. The organizers of Government principles......................................................................... 4. Daerah Otonom ........................................................................ 5. Administrative regions........................................................................ 6. Supervision........................................................................ http://www.bphn.go.id/61 11. If in a public explanation of the loaded pengacuan into local regulations or other documents, this pengacuan come with a description of the source. 12. in drafting article for the sake of explanation must be observed in order for article rumusannya: a. does not conflict with the subject matter set forth in the torso; b. do not expand or add to the existing norms in the torso; c. not doing repetitions over a subject matter is arranged in the torso; d. not to repeat a sequence of words, terms, or understanding that has been loaded in the General provisions. 13. General provisions containing the boundaries of understanding or definition of a word or term, does not need to be given an explanation, because it limits the notion or definition should be formulated in such a way that it can be understood without the need for further clarification. 14. in article or paragraph that does not require an explanation are written the phrase sufficiently clear which end with a punctuation point, according to the meaning of a phrase of explanation of article for the sake of article is not merged although there are several articles in sequence that requires no explanation. Inappropriate example: article 5, article 6, article 7 (article 5 s/d 7) is quite clear. 62 article 5: should be pretty obvious. Article 6 is quite clear. Article 7 is quite clear. 15. If an article consists of several verses or grains require no explanation, the corresponding article is enough given the explanations clear enough, without detailing each verse or grains. 16. a. If an article consists of several verses or grains and one verse or grains that require explanation, each verse or grains need to be listed and provided with an appropriate explanation. Example: article 7 paragraph (1) is quite clear. Paragraph (2) of this Paragraph is intended to give legal certainty to the judge and the users of the law. Paragraph (3) is quite clear. http://www.bphn.go.id/63 b. If a term/word/phrase/in an article or paragraph that requires explanation, use punctuation (".................") in the term/word/phrase. Example: article 20 paragraph (1) the definition of "proceeding is the following" is the time of the Council of representatives of the areas that only between one period of recess. Subsection (2) is quite clear. Paragraph (3) is quite clear. F. Appendix (IF NECESSARY) in terms of local regulations require an attachment, it should be stated in the torso and the statement that attachment is the part that is inseparable from the corresponding local regulations. At the end of the attachment must be listed the names and signatures of the officials who authorize/set local regulations concerned. II. MATTERS – a SPECIAL CASE a. Delegation of authority 1. Local regulations can delegate the authority to further regulation of the Mayor and/or the decision of the Mayor. 64 2. Delegations should arrange, describe unequivocally: a. the scope of the material administered; b. type of Regulation the Mayor and the Mayor's Decision. 3. If the delegated matter most is set up the basics in Regulatory areas that delegate but it should be regulated only in the area of delegated Regulations and should not be delegated further to the rules of the Mayor and the Mayor's Decision, use the sentence further Provisions regarding ... ... ... ... set with ... ... ... ... .... Example: The Article ... ... ... (1) ......................................................................... (2) further Provisions about................ regulated by or under rules of the Mayor. 4. If the material settings allowed delegated further, use the sentence further Provision about .. ... arranged by or based on ... ... ... ... ... ... ... ... ... ... ... .... Example: The Article ... ... ... ... .... (1) ....................................................................... (2) further Provisions about.................... organized and or based on rules of the Mayor. http://www.bphn.go.id/


65 5. If the settings of the material allowed further delegated (subdelegasi) used the phrase (2) the provisions regarding ... ... ... ... ... ... ... ... ... ... regulated by or based on ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 6. To ease in the determination of the title of implementing regulations to be made, the outline of the delegation needs to cite briefly but of what will be further regulated. 7. If the article consists of a few verses, delegations made in the last paragraph of the article in question. 8. If the article consists of many texts, delegations can be considered to be contained in a separate article, because the matter the delegation is basically different from what is set out in a series of verses before. 9. in delegations set up as far as possible avoid the presence of the delegation blangko. 10. Delegations set up of local regulations to the Mayor or Mayor Office/Technical Institutions area for the technical nature of the administrative regulations. 11. The authority delegated to a tool organizer of the country cannot be further delegated to other organisers tool, except by Ordinance the authority delegating areas opened the possibility for that. 66 12. In its implementation of the regulation should not repeat the terms norm that is set up in the applicable local delegate, unless it is unavoidable. 13. Applicable local implementation should not repeat the terms norm that is set up in the applicable local delegate, unless it is unavoidable. 14. In the implementing regulations as far as possible avoid re-citing back formula norm or provision contained in the regulations of the higher Area delegate. Re-citing back can be done along the outline of the norm or provision is needed as an introduction (aanloop) to formulate norms or rules further within the article (articles) or clause (verses). Article.. ... (1) .................................................................... (2) further Provisions regarding ... ... arranged with or based on the regulations of the Mayor. B. Investigation 1. Terms of investigation can only be loaded in the Regulatory area. 2. terms of investigation contains the grant of authority to Investigator civil servant in a Government environment city or specific Agencies for violation of the provisions of Regulation menyidik of the region. http://www.bphn.go.id/67 3. In formulating provisions that designate specific officials as investigators should be organised so as not to reduce the authority of investigators to conduct a public investigation. Example: Officials or civil servants in certain environments.................. (name of Agency) ... ... ... ... ... ... can provide the authority to carry out the investigation against the violation of the provisions of the regulations in this Area. 4. Provision of investigation placed before criminal provisions or if laws or Regulations not held Areas grouping, placed in sections (chapters) before the criminal provisions. C. Repeal 1. If there are any local regulations that no longer needed and replaced with Laws-new invitation, new local regulations must be expressly revoke local regulations is not required it. 2. Local regulations basically can only be revoked through a Region-level Regulations. 3. Local regulations may not revoke the Legislation again. 4. If local regulations recently reordered a material that is already set up and already enacted, repeal Regulations Areas stated in one article in the concluding provisions of the Regulation to the new Area, using a formula of revoked and declared inapplicable. 68 5. Repeal Regulations areas that had already been enacted or announced, but not yet entered into force, can be done by its own rules by using the formulation was withdrawn and declared inapplicable. 6. If the repeal of the regulation Area is carried out by its own revocation regulations, regulations repeal it contains only 2 (two) article written with Arabic numerals, i.e. as follows: a. Article 1 contains a provision which States no enactment of Legislation already enacted but not yet entered into force. b. Article 2 contains a provision about the startup entry into force Regulations repeal question. D. Changes 1. Changes in local regulations is carried out by: a. insert or add the material into local regulations; b. remove or replace any part of the materials local regulations. 2. changes in local regulations may be made against: a. all or part of the book, chapter, section, paragraph, chapter and/or verse; b. words, terms, expressions, numbers, letters and punctuation. http://www.bphn.go.id/69 3. Basically the torso Area Changes Regulations consists of 2 (two) article written with Roman numerals, as follows: a. Article I contains the title of the Regulation Area is modified with a mention of the modified Area of the sheet with the mention of the sheet Area and an additional sheet of the Area placed between parentheses (... ...) and load the material or the norm changed. If material changes to more than one, any material change specified by using a capital letter (A, B, C and so on). b. Chapter II contains provisions when the Regulation came into force. Contoh : Pasal I .................................................................. Pasal II ..................................................................... 4. If a change resulting in: a. systematic local regulations changed or b. material regulations changed: 1) more than 50% (fifty per cent) or; 2) its essence; then the rules changed the Area better repealed and reassembled in a new area of Regulation regarding the issue. 70 III. LANGUAGE DIVERSITY a. Language local regulations 1. The language of the local regulations basically subject to the grammar rule Indonesia, neither of which concerns the formation of words, sentence writing, engineering drafting, as well as pronounced, however, language has its own pattern of local regulations that is characterized by lucidity or clarity of understanding, kelugasan, kebakuan, harmony and obedience of principles in accordance with the requirements of the law. 2. In formulating the provisions of applicable local use strict sentences, clear, concise, and easy to understand. 3. Avoid the use of words or phrases that mean less erratic or context in the sentence is less clear. 4. In formulating the provisions of applicable local use grammar Indonesia that baku. 5. To provide an extension of the sense of words or terms that are already known to the public without creating a new definition, use the Word does not include. 6. avoid granting a meaning to a word or phrase whose meaning is too deviant from the meaning of commonly used in everyday language usage. 7. In the Regulatory Area avoided the use of: 1) several different terms to express one; 2) a term for several different notions. http://www.bphn.go.id/71 8. If making pengacuan to the article or other texts, as far as possible avoided the use of the phrase without prejudice, by not reducing, or without deviating from. 9. If a particular word or phrase is used over and over again then to simplify the formulation in the rules area, preferably a word or phrase is defined in section which contains the meaning of the word, the term, understanding, or use abbreviations or acronyms. 10. If pelaksanaanya is seen in the regulations need specify return the definition or restriction contained in the Regulatory sense areas deductions are implemented, the definition or restriction of such notions should be no different with the formulation of the definition or limitation of understanding contained in the higher areas of Regulation. 11. The absorption of foreign words or phrases that are widely used and have adjusted the spelling rules with the Indonesian Language can be used, if the word or phrase: a. has the connotation that match; b. shorter when compared to the parallel in the Indonesian Language; c. has an international character; d. facilitate the achievement of a better deal; or e. the more easily understood than the translation in Indonesian Language. 12. The use of a foreign language word or phrase should be used only in the explanation of local regulations. Foreign language word or phrase that is preceded by the parallel in the Indonesian Language, written, and placed between brackets. 72 b. choice of a word or Term 1. To express the sense of maximum and minimum in determining criminal threats or time restrictions used the word most. 2. To declare the maximum and minimum for the unit: a. time, use the shortest phrase or the longest; b. the amount of money, use the phrase at least or at most; c. number of non cash, use the phrase the lowest and highest. 3. To declare the meaning not included, use the word unless placed in the beginning of the sentence, if it is excluded is the entire sentence. Example: Unless A and B, each person obliged to give testimony before a court hearing. 4. unless the Words are placed directly behind a Word, if that would be restricted to the word in question. Example: the child is the fruit of a ship is the propagator, mudi, sailors and a chef Apprentice Chef except. http://www.bphn.go.id/


73 5. To declare the meaning included, use in addition. Example: in addition to the obligatory eligible specified in section 8, the applicant is obliged to pay the registration fee referred to in Article 15. 6. To express the meaning of suppositions, or possibly use the word if, when, or phrase in it. If the words used to express a relationship klausal (pattern since then). Example: If a company violates the obligations as stipulated in article 7, the company's permit can be revoked. When the words used to express the relationship of klausal containing the time. Example: If the members of the corruption eradication Commission stopped in his tenure because of the reasons referred to in article 12 paragraph (4), is replaced by a concerned Member of the successor until his term runs out. -the phrase in the case used to express a possibility, State or condition that may occur or may not occur (the pattern likely-then). Example: in the event that the Chairman cannot attend, a trial led by the Vice Chairman. 74 7. The phrase at the time used to declare a State that will inevitably happen in the future. 8. To state the nature of the words used, and cumulative. Example: A and B can be................................................. 9. To state the nature of the alternative, used the word or. Example: A or B is obligated to give the ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10. To express the cumulative nature of the alternative, at once used the phrase and/or. Example: A and/or B can get ... ... ... ... ... ... ... ... ... ... ... 11. To declare the existence of a right, use reserves. Example: everyone has suggested publicly. 12. To declare the grant of authority to a person or institution authorized use. 13. To state the nature of the diskresioner of an authority that is granted to an agency or, use can be. http://www.bphn.go.id/75 14. To declare the existence of an obligation that has been set is used the word mandatory. If the obligations are not met, those concerned will be subject to penalties according to law. Example: to build a House, a person is required to have the building permit. 15. To certify the fulfilment of a condition or specific requirements, use of the word should be. If a requirement is not met, concerned not to obtain something which should be obtained if he meets the conditions or requirements. Example: to obtain the building permit, a person must meet the essential requirements as follows: 16. To declare the existence of a prohibition, use prohibited. C. Engineering Pengacuan 1. Basically every article is a sense of roundness without referring to the article or paragraph to another. However, to avoid repetition of the formula can be used pengacuan techniques. 76 2. Pengacuan engineering is done by pointing the article or paragraph of the corresponding local regulations or regulations of other areas by using the phrase as stipulated in article .... .... or as referred to in paragraph ... ... ... ... ... .... Example: a. Requirements as stipulated in article 13 paragraph (1) and paragraph (2)........................ b. A permit referred to in subsection (3) applies anyway............. 3. Pengacuan two or more against the article or paragraph that a sequence does not need to mention the article for the sake of article or paragraph for the sake of the verse referenced simply by using the phrase up to. Example: a................... as stipulated in article 5 and article 12. b................ as referred to in article 4 paragraph (1) to paragraph (4). 4. Pengacuan two or more against the article or paragraph that sequence, but there is a verse in one of the article excluded, article or paragraph that did not enter referenced expressed with the word except. Examples: a. the conditions as referred to in article 5 and article 12 applies also for candidate judges, except article 7 paragraph (1). b. the provisions referred to in subsection (1) until subsection (5) applies also for the detainees, except subsection (4) the letter a. http://www.bphn.go.id/77 5. Word of this article need not be used if the verse referenced is one paragraph in the article in question. Contoh : (1) .................... (2) Permit sebagimana referred to in subsection (1) is valid for sixty (60) days. 6. If there are two or more pengacuan, the order of the pengacu starting from the text in the article in question (if any), followed by the kemuadian article or paragraph number is smaller. Examples: (1)................. (2) ................. (3) Permission referred to subsection (1) of article 7, paragraph (2) and paragraph (4), article 12 and article 13 paragraph (3) submitted to the Mayor. 7. Pengacuan as far as possible be done with lists also briefly referenced subject matter. Example: coal mining permit as referred to in article 3 are given by ... ... ... 8. Pengacuan can only be made to the legislation in the same grades or higher. 78 9. Avoid pengacuan to the article or paragraph that is located after the chapter or verse in question. Example: the application for a permit the management of forest as referred to in Section 17 is made in paragraph 5 (five). 10. Pengacuan done by mentioning expressly from article number or the verse referenced and avoided the user phrases the former article or the article above. 11. Pengacuan to declare the enactment of various provisions of the Legislation which is not mentioned in detail, use the phrase in accordance with the provisions of the legislation. 12. To declare that the implementation of regulations (various) from a local regulations still imposed or declared valid for not yet held replacement with laws-invitation yangbaru, use the phrase applies throughout does not conflict with the provisions of ... .... (this type of regulation is concerned). 13. If the Mayor stated Rules still apply only some of the Mayor's rules, use the phrase remains valid, except ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... Example: at a time when local regulations is applicable, the applicable local number ... ... .... Year ... ... ... ... ... .... (The City Of Cirebon Area Year Sheet ... ... ... Number ... ... ... .., Additional sheets of Cirebon Town Area number ... ... ...), still remain in force, except Article 5 and article 10. 79 http://www.bphn.go.id/IV. The FORM Of The APPLICABLE LOCAL Regulations Form A REGULATORY Region Of The CITY Of CIREBON AREA Number ... ... ... ... .... Year ... ... .... About........................................................................ With the GRACE of GOD ALMIGHTY the MAYOR of CIREBON, Considering: a. that.......................................; b. bahwa ………..…......………....….…; c. that......................................; Remember: 1. Act No. .... ... Year ... ... about ... ... ... ... ... (Gazette Of The Republic Of Indonesia Year.. ……..... Number ... ... ... .., Additional Sheets Of The Republic Of Indonesia Number ... ...); 2. …..…………………………………….; 3. ..........................................................; Together with the approval of the HOUSE of REPRESENTATIVES and MAYOR of the CITY of CIREBON CIREBON DECIDED: 80 Set LOCAL REGULATIONS: about............ (.) CHAPTER I GENERAL PROVISIONS article 1 CHAPTER II............................. Article ... ... .... Chapter ... ... ... (and so on) The regulation of 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 Area of the city of Cirebon. Passed in Cirebon on............. The MAYOR of CIREBON, (signature) name CLEARLY Enacted in Cirebon on................. The CITY of CIREBON AREA, SECRETARY (signature) NAME of the CITY of CIREBON AREA SHEET CLEARLY years ... .... Number ... ... Series ... ... http://www.bphn.go.id/81 b. Forms of regional Regulations Repeal the REGULATORY AREAS of the CITY of CIREBON number ... ... .... Year ... ... ... ... ... ABOUT THE REPEAL OF THE REGULATION AREA NUMBER ... .... Year ... .... TENTANG ............................ With the GRACE of GOD ALMIGHTY the MAYOR of CIREBON, Considering: a. that ... ………….…………..………; b. that......................................; c. that.......................................; Mengingat : 1. ........................................................; 2. .…………………………....…….……; 3. and so on............................; Together with the approval of the HOUSE of REPRESENTATIVES and MAYOR of the CITY of CIREBON CIREBON DECIDED: 82 Set: LOCAL REGULATIONS ABOUT the REPEAL of the REGULATION AREA number ... ... ... ... ... ... ... ... .... Year ... ... ... TENTANG ............................ (.) Article 1 of the regulation Area number ... ... ... Year ... ... ... ... ... about ... ... ... ... ... ... ... ... that have been enacted in the Area of the city of Cirebon Sheet year. .... Number ... .... Series ... ... and the rest of the provisions relating to the implementation of the regulations...................., and stated does not apply. Article 2 of the regulation of 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 Area of the city of Cirebon. Passed in Cirebon on............. The MAYOR of CIREBON, (signature) name CLEARLY Enacted in Cirebon on................. The CITY of CIREBON AREA, SECRETARY (signature) NAME of the CITY of CIREBON AREA SHEET CLEARLY years........... Number ... ... ... ... .... Series ... ... ... ... ... .... http://www.bphn.go.id/


C. Form Of The Applicable Local REGULATORY Changes CITY Of CIREBON AREA Number ... ... ... ... ... .... Year ... ... ... ... ... ... .... ABOUT THE SECOND AMENDMENT ABOVE APPLICABLE LOCAL NUMBER ... ... Year. .... About........... With the GRACE of GOD ALMIGHTY the MAYOR of CIREBON, Considering: a. that............................................; b. bahwa ............................................; c. and so on ... ... ... ... ... ... ... ... ... ... ...; Mengingat : 1. ........................................................; 2. ........................................................; 3. and so on..............................; Together with the approval of the HOUSE of REPRESENTATIVES and MAYOR of the CITY of CIREBON CIREBON DECIDED: setting: LOCAL REGULATIONS ABOUT the SECOND AMENDMENT ABOVE APPLICABLE LOCAL number ... ... ... Year ... ... ... About ... ... .... (.) Article I Of The Regulation Area Number ... ... Year ... ... about ... ... ... ... ... that have been enacted in the city of Cirebon Area Year Sheet ... ... A number ... Seri ....., diubah sebagai berikut : A. ......................................................................................... (.) B. ......................................................................................... (.) C. ......................................................................................... (.) Chapter II 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 Area of the city of Cirebon. Passed in Cirebon on............. The MAYOR of CIREBON, (signature) name CLEARLY Enacted in Cirebon on................. The CITY of CIREBON AREA, SECRETARY (signature) NAME of the CITY of CIREBON AREA SHEET CLEARLY years. ... A number ... Series ... The MAYOR of CIREBON, Ttd, SUBARDI 83 84 http://www.bphn.go.id/