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Regional Regulation No. 5 Of 2007

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2007

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rafting as referred to in paragraph (1) are defined with the Mayor' s Decision after it gets the leadership approval of the DPRD.

BAB VII

PREPARATION OF REGIONAL ORDINANCE FORMATION

First Part Preparation Establishment

The Regional Rules Design of the Mayor

Article 12

(1) The Regional Device Work Unit initiated the preparation of the draft Regional regulations conform to the field of duty.

(2) Pemrakarsa reports the planned preparation plan of the Regional Regulation to the Mayor is accompanied by a further explanation of the conception of the draft of the Regional Regulation design which includes: a. background and purpose of formation; b. basic law; c. goals that want to be realized; d. the subject of mind, scope or object to be set; e. range as well as setting direction; and f. associated with other laws.

(3) The Plan of Local Rules design as referred to in paragraph (2) is based on: a. Prolegda; and b. Network results and community aspirations filtering.

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Article 13

(1) The Working Unit of the Rakarsa Region is in preparation for the design of the Regional Regulations in advance of the manuscript of the scientific study.

(2) The drafting of the scientific study script as Referred to in verse (1) is through seminars, workshops and the like or the study of persons or institutions that have expertise in that field.

(3) The scientific study script is attached to the discussion of the draft of the Regional Regulations.

Article 14

(1) The Workspace Device Workforce is forming a Team Composition of the Regional Regulation Plan consisting of elements of the relevant Regional Device Work Unit and the Legal Section.

(2) The Regional Regulation Design of the Workspace Device Unit, delivered to the Regional Device Workforce Unit related in the City Government environment to request response and consideration.

(3) The Regional Regulation Design as referred to in paragraph (2) is delivered by the Workforce Area Device Unit to the Regional Secretary to be processed further.

Article 15

(1) The Regional Secretary assigned Section The law to harmonize and synchronize the design of the Regional Regulations.

10 (2) Harmonization and synchronization as referred to

paragraph (1) may include representatives of vertical instances in the area of duty and His responsibilities in the field of regulation and legislation.

Article 16

The Legal Section reports the development of the draft of the Regional Regulations and/or issues to the Regional Secretary.

Article 17

(1) The results of the completion of the draft of the Regional Regulations from the Regional Secretary are delivered

(2) The Regional Regulation Plan approved by the Mayor is presented to the DPRD for discussion.

Article 18

(1) The Mayor can forming Team Consistency Discussion of Regional Regulations.

(2) Team as set forth in the (1) duty of the (1) duty: Collect the necessary materials; b. created a list of problem inventory; c. perfecting the draft of the Regional Regulation; d. Set up a discussion schedule.

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Second Section

Preparation of Regional Rule Design from DPRD

Article 19

(1) At least five members of the Council of DPRD may submit an initiative proposal for the Regional Regulation.

(2) In addition to the Members of the DPRD, the initiative of the draft of the Regional Regulations may be submitted by the Commission, the Joint Commission, or the proposed DPRD completion tool.

(3) The initiative is referred to in the paragraph (1) and verse (2), delivered to the Leadership of the DPRD in the form of the draft of the Regional Regulations accompanied by an explanation in writing and given the Pokok Number by the Secretariat of the DPRD.

(4) The initiative of the draft of the Regional Regulations in preparing the draft of the Regional Regulations may first compile a scientific study manuscript.

(5) The drafting of the scientific study script as referred to in paragraph (4) is executed through seminars, workshops and the like or the study of people or institutions that have expertise in that field.

(6) The scientific study scripts are included in the discussion of the draft of the Regional Regulations.

Article 20

(1) The proposal of the initiative as referred to in Article 19, by the Chairman of the DPRD is delivered on The meeting of the Council of Representatives, after consideration of the Committee of Yawarah,

(2) In The Meeting, the claimants are given the opportunity to give an explanation of the suggestion as to the verse (1).

12 (3) The talk of something the initiative is done

by giving the opportunity to: a. Other members of the DPRD to provide a view; b. Mayor to give an opinion; c. The complainants provide answers to the views

members and opinions of the Mayor.

(4) The initiative before it is decided to be the initiative of the DPRD, the claimants are entitled to submit changes and or to remove it.

(5) The conversation is concluded with the decision of the DPRD which accepts or rejects the initiative of the DPRD initiative.

BAB VIII

DELIVERY AND DISCUSSION DRAFT OF THE REGIONAL REGULATION

First section of the Regional Regulatory Design section of the Mayor

Article 21

(1) The Regional Regulation Design which has been prepared by The mayor was delivered with the Mayor's letter to the DPRD.

(2) The mayor is reading an introductory note to the draft of the Regional Regulation in a plenary session of the DPRD.

(3) Nota Introduction as referred to in paragraph (2) contains: a. background;

b. basic objectives and goals; c. The points and scope of the arrangement.

(4) The design of the Regional Regulation as referred to in paragraph (1) is delivered by the leadership of the DPRD to the entire members of the DPRD.

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The second part of the DPRD's Local Regulation Plan

Article 22

(1) Draft of the DPRD Precarsa Regional Regulation, delivered by the Chairman of the DPRD to the Mayor.

(2) The Tool The completion of the DPRD is to read the case of the draft of the Regional Regulation in a plenary session of the Council

(3) Nota Introduction as referred to in paragraph (2) contains: a. background; b. basic objectives and goals; c. settings and scope of the settings.

(4) To discuss the Regional Rules draft as referred to in paragraph (1) The Mayor forms the Team as referred to in Article 18.

Third Part

(4) Input from the community as referred to in verse (1), diagrams are in a meeting Regional Rule Design.

BAB VI

PLANNING THE DRAFTING OF THE ORDINANCE AREA

Article 10

(1) DPRD or Mayor in forming the draft Regional Regulation guidelines on the Regional Legislation Programme (Prolegda).

(2) In certain circumstances the DPRD or the Mayor may submit a draft of the Local Regulation outside Prolegda.

(3) The Regional Regulation Plan that originated in the DPRD as referred to in paragraph (2) first requires consent. from the Mayor.

Article 11

(1) In compiling the Prolegda DPRD may form an unfixed Committee of Legislation.

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(2) The drafting of Prolegda between the DPRD and the City Government is coordinated By the House of Representatives of the House of Representatives.

(3) The results of Prolegda 's dond Part of the Redetion

Article 34

The City Government is obliged to disseminate the Local Regulation (s) which have been promulred in the Section Sheets and regulations in the her bottom has been loaded in the Regional News.

BAB XII

THE IMPLEMENTATION OF THE REGULATIONS AREA

Article 35

(1) To implement the Regional Regulation and under the law, the Mayor establishes the Mayor Regulation and/or the Mayor 's Decision.

(2) The Mayor' s Regulation and/or the Mayor ' s Decision as referred to the paragraph (1) is prohibited in conflict with higher laws, common interests and other Regional Regulations.

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Article 36

(5) Each Regional Regulation must list the limits of The Mayor and/or the Mayor's decree as an execution. Rule of the Territory.

(6) The deadline for the assignment of the Mayor and/or the Mayor's Decision as referred to in paragraph (1) the longest of 6 (six) months since the Regional Ordinance was promulred.

BAB XIII BREACH AND INVESTIGATION

Article 37

(1) The Regional Regulation may contain provisions about charging the costs of enforcement of law enforcement, in whole or in part to the violation of regional regulations in accordance with the laws.

(2) The Regulation of the Regions may contain the penultimate criminal threat of 6 (six) months or a fine of the most Rp. 50,000.000.00 (fifty million rupiah).

(3) The Regional Regulation may contain criminal threats or fines other than as referred to in paragraph (2) pursuant to which is set in other laws.

Article 38

(1) The investigation of the breach is committed by the Civil Service Investigators (PPNS) in the City Government environment in accordance with the laws.

(2) In carrying out the assignment of the inquiry, the Investigator as referred to paragraph (1) is authorized to: a. receive a report or complaint of a person

about the presence of a criminal offense; b. conducted the first act at the time at the venue

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c. ordered to stop a person of the suspect and check

a suspect's self-identification mark; d. Do confiscation of objects and or letters; e. take fingerprints and photograph someone; f. call someone to be a suspect or

a witness; g. Bring the necessary experts in

to do with the case checkup; h. stop the investigation after coordinating

with the Public Investigator that there is not enough evidence, or the event is not a criminal offence and subsequently through the Public Investigator notifying it to the Prosecuts General, the suspect, and his family; and

i. hold other actions according to the law that can be accounted for.

BAB XIV

CLOSING provisions

Article 39

With the enactment of the Regulation of this Region, then the Regional Regulation Number 7 of the Year 2000 on the Tata Way of Making The Regional and Issuing Cirebon area regulations are revoked and declared not to be valid.

Article 40

Things that have not been set up in these Regional Regulations along the technical implementation will be further set up with the Ordinance Mayor.

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Article 41

This section of the Regulation is valid for the date of the promulglement.

For everyone to know it, order the invitational of this Area Regulation with its placement in the Leaf of the City of Cirebon Area.

Passed in Cirebon on dates April 19, 2007

MAYOR CIREBON,

Ttd.

S U B A R D I

promulbed in Cirebon on April 23, 2007

SHEET AREA OF CIREBON CITY 2007 NUMBER 5 SERIES E

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P E N J E L A S A N

ABOVE

THE CIREBON CITY AREA REGULATION 2007

ABOUT

LAYOUT OF LOCAL REGULATORY RULES

I. UMUM

In order to host regional autonomy and the duties of the governing body are set up in the Regional Regulations which are further definitions of the higher laws.

To realize the Regional Regulation which quality then required guidelines in the area of the formation of the Regional Regulations. The order of the establishment of the Regional Regulation should be established from the time of planning until its promulgations. In order to form a good Regional Regulation, various requirements are required to be related to systems, principles, preparation and preparation, drafting and formation techniques.

The formation of the Regional Regulation is based on

principles of establishment of laws which include clarity of purpose, institutional or proper organ-forming organs, fitness between types and charge materials, can be implemented, daycare and usability, clarity of formulation and openness.

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With the enactment of Act Number 10 In 2004 and the Law No. 32 of 2004, the DPRD had a very important role in the process of the formation of the Regions, where in Article 41 of the Law No. 32 of 2004 it is mentioned that the DPRD has a function of legislation, budget and supervision.

Tata ways, procedures and drafting mechanisms

The previous Regional Regulations were guidelines on the Invite-Invite Number 22 Year 1999, Presidential Decree Number 188 of 1998 and Presidential Decree No. 44 of 1999. This was followed by the 2000 Year 2000 Regional Regulation on the Way of Making Regional Regulations and Issuance Of The City Area Of Cirebon.

With the Law No Number

10 Years 2004 and Act No. 32 of 2004 hence the procedure and the drafting mechanism of the Regional Regulations need to be reviewed.

II. Section for Section 1

The terms formulated in this section are intended to have a uniformity of understanding the contents of this Section, so that it may prevent misunderstandings in its interpretation.

Article 2

Pretty clear.

Article 3 is pretty clear.

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25 Article 4

Which is referred to as "contrary to the common interest" in this provision is the policy which is the disruption of the people of society, the disruption of the general service, and the disruption of its peace/safety. public order as well as discriminatory policy.

Article 5 is pretty clear.

Article 6 of the letter

In question the principle of "clarity of purpose" is that any formation of the Regional Regulation should have a purpose that is clear to achieve.

The letter b referred to the principle " institutional or the proper auxiliary organ " is that any type of Regional Regulation should be made by the institutions of the Regulation of the Regional Regulations. State regulations may be cancelled or void by law, if made by an unauthorised institution/official.

The letter c referred to the principle of "suitability between type and charge material" is that in the Formation of Regulation Legislation must really pay attention to the right charge material by the type of Perundang Rule.

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The letter d

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d. Series D: for Regional Regulation on Institutional; and

e. E series: for the Regional Regulation which regulates the matter of the Regional Regulations other than the letters a up to d.

(2) The serial number authoring as referred to in paragraph (1) is written in the book of the invitters ' agenda.

Article 33

The rules of the Regions go into effect and have binding powers on the date of the promulgaries, unless specified other in the Regional Regulations are concerned.

The Sec>

The Regional Rule Framework consists of: A. Title; B. Opening; C. Bar Body; D. Ending; E. Description; F. Attachment (when required).

A. Title

1. Each Regional Rule is entitled. 2. The Regional Rule Title contains a description of

type, number, year of the invitation and the Regional Rule name.

3. The name of the Regional Regulation is made briefly and reflects the contents of the Regional Regulations.

4. The title is written entirely with a capital letter placed in the middle of the margin without ending the punctuation. Example:

CIREBON MUNICIPAL REGULATION

NUMBER 7 YEAR 2004

ABOUT

TAX REKLAME

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5. In the title of the Regional Rule the change is added

the phrase CHANGE OVER in front of the changed Regional Rule title.

Example: CIREBON CITY AREA REGULATION

NUMBER ......... YEAR ...

ABOUT

A CHANGE IN REGIONAL REGULATION NUMBER ... YEAR ...

ABOUT THE EVENT .......

6. If the Regional Rule has been changed by more than 1 (one)

times, between the words CHANGE and the word above are inserted a caption indicating how many times the change has been made, without detailing the previous changes.

Rules The area is held for a maximum of 3 (three) times, if after 3 (three) times the change of the Regional Regulations, it must be made a new Regional Regulation.

Example: CIREBON CITY AREA REGULATION

NUMBER ......... YEARS .....

ABOUT

THE THIRD CHANGE OVER THE NUMBER AREA REGULATION ........ YEARS .........

ABOUT

. ...

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7. In the title of the Act of the Act of the repeal of the word REPEAL in front of the name of the Regional Regulation revoked.

Example:

REGULATION OF THE CITY AREA OF CIREBON NUMBER ......... YEAR ...

ABOUT

REVOCATION OF REGIONAL RULE NUMBER ........ YEARS ... It's about ...

B. Opening

1. The Opening of the Regional Regulation consists of: a. The phrase with the Grace of the Lord is Almighty; b. office of establishment of the Regional Regulations; c. legal basis; d. The dictum.

2. In the Opening of the Regional Regulation before the term of the Regional Rule, it is listed as a phrase with the grace of the Almighty God with a capital letter placed in the center of the margin.

3. The Regional Rule of Regulation is written entirely with capital letters placed in the middle of the margin and ending with a comma read sign.

4. The Konsiderans. The considerans begin with the word Menweighed; b. considerans contains a brief description of the subject-

the subject of the mind that is the background and reason for the creation of the Regional Regulations;

c. The underlying minds include philosophical, juridical and sociological elements that are the setting for its creation;

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37 d. The underlying point is that

The Regional Regulation is deemed necessary to be made to be less appropriate because it does not reflect the background and reason it made the Regional Regulations;

e. if the considerans contain more than 1 (one) subject matter, each subject matter is formulated in a series of sentences that are a unity of understanding;

f. each subject matter begins with a letter of the alphabet, and is formulated in one sentence beginning with the word that and ends with a comma-like punctuation mark;

Example: A balanced. that it was ... b. that. ... c. that...; g. if the considerans contains more than one

the consideration, the formulation of the last consideration item reads as follows:

Example: Draws: a. that it is ... b. that. ...; c. that based on

the consideration as referred to in letters a and the letter b needs to form the Regional Rule about {\b ...;

5. Legal basis: a. the legal basis begins with the word Given; b the legal basis is the basis of authority

The creation of the Regional Regulation; c. laws used

as the basis of the law only the rules of the law are equal to that of the law. or higher;

38 d. laws to be revoked

with laws to be established or promulbed laws but are not formally applicable, are not listed as the basis of the law;

e. if the number of laws that are the basis of law is more than one, the order of the inclusion needs to pay attention to the order of the laws and if the same level is arranged chronologically based upon the time of the invitation or Its repressor;

f. The provisions of the People's Consultative Assembly (TAP MPR) are not used as a legal basis, unless expressly ordered the establishment of the laws in question;

g. writing Act, both U letters are written with capital letters;

h. if the legal basis contains more than one law, each legal basis begins with the Arabic numeral 1, 2, 3, and so on and ends with a comma-like punctuation mark;

Example: Given: 1. Law Number 10 of the Year

2004 on .......; 2. Act Number 32 of the Year

2004 on .....; 3. Government ordinance Number .........

The year of ... about ... ...; 6. Dictum

a. The Dictum consists of:-the word Decides;-the Word Establits;-the name of the Regional Regulation. B. word DECIDED is written entirely with the letter

a capital with no space between the syllabary and ends with a second-point punctuation as well as being placed in the middle of the margin;

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39 c. before the word DECIDES is listed the phrase

With the Joint Agreement; d. after word with the Joint Approval

is listed as the REPRESENTATIVES OF THE PEOPLE OF THE CITY OF CIREBON and MAYOR OF CIREBON which is written entirely with capital letters and placed in the middle of the margin;

Example: With the Joint Agreement

THE PEOPLE REPRESENTATIVE COUNCIL OF THE CITY AREA OF CIREBON

AND THE MAYOR OF CIREBON

DECIDED:

e. Specifies the word set after the word

DECIDE which is aligned to the bottom with the word Mendraw and Considering. The initial letter of the word established the initial letter was written with a capital letter and ended with a sign reading of the second point;

f. the name listed in the title of the Regional Rule is listed again after the word establishes and is written entirely with a capital letter and ends with a point reading;

Example: DECIDING:

SET: COUNTY REGULATION

ABOUT IT ... (.)

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C. Body Bar

1. The Body Bar of the Regional Regulation contains all the substance of the Regions Regulation which is formulated in the section (s).

2. In general, the substance in the body trunk

is grouped into: a. Common provisions; b. Subject matter is set; c. criminal provisions (if required); d. Transition provisions (if required); e. closing provisions.

3. In the clustering of substance, it may be avoided by other LAIN-LAIN conditions or similar. The material concerned is attempted to enter the existing chapter or may be containeal sanctions in the form of charge of charge to the Regional Rule violators outside of the provisions set forth in the criminal provisions.

Verse (2) Pretty clearly.

Article 38 is pretty clear.

Article 39 Is Enough Clear.

Article 40 is pretty clear.

Article 41 is pretty clear.

ADDITIONAL SHEET CITY OF CIREBON NUMBER 9

MAYOR CIREBON

ANNEX: CITY AREA REGULATION OF CIREBON NUMBER: 5 YEARS 2007 DATE: 19 APRIL 2007 ABOUT: SET THE RULES-MAKING MEANS

AREA I. REGIONAL REGULATORY FRAMEWORK

4. The substance that is either an administrative sanction or a perpetual sanction of the breach of the norm is formulated into a single piece (article) with the norm that provides administrative sanction or departure for sanctions.

5. If the norm that provides administrative or departure sanctions is more than one article, administrative sanction or departure sanction is formulated in the last section of the section. Thus avoided the formulation of the sanctions provisions which at once contained criminal sanctions, virginity sanctions and administrative sanctions in one chapter.

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6. Administrative sanctions can be between other revocation

permits, dissolution, supervision, temporary dismissal, administrative fines or polysional force fines. The release of virginity can be a change of loss.

7. The grouping of Regional Regulation materials can be drafted

systematically in books, chapters, sections and paragraphs. 8. If the Regional Rule has material that space

the scope is very broad and has many chapters, it can be classified into a book (if it is codified) chapters, sections and paragraphs.

9. The clustering of materials in books, chapters, sections and

paragraphs are conducted on the basis of the similarity of matter. 10. The grouping order is as follows:-chapter with section (s) with no part and

paragraph;-chapter with sections and sections without paragraphs;

or-chapter with sections and paragraphs containing the section

(-section). 11. Chapters are numbered in order with Roman numerals and titles

chapters are all written with capital letters. Example:

CHAPTER I OF THE GENERAL PROVISION

12. The section is numbered in order with the level number that

is written with the letter and is titled.

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13. The initial letter of the word section, number order and each word

in the section title is written with capital letters, except the initial letter of the word particle which is not located at the beginning of the phrase.

Example: Fifth Section

Vehicle Technical Requirements Motorized, Ganwith Train, and Temslower Train

14. The paragraph is numbered with Arabic numeral and is given

the title. 15. The initial letter of the word paragraph and each word on the title

paragraph is written with a capital letter, except the initial letter of the word particle which is not located at the beginning of the phrase. Example:

Paragould 1 Chairman, Vice Chairman and Judge

16. The section is a unit of rules in the rules

laws that contain one norm and are formulated in a single sentence that is compiled in a short, clear, and lugas.

17. State Regulation materials are better formulated in

a brief and clear form of the section than in some chapters each of which contains many verses, unless the material being the contents of that chapter is a series of which the article contains. cannot be separated.

18. Section is numbered with Arabic numeral.

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43 19. The initial letter word used as a reference

is written with a capital letter. Example:

Article 19 of the Terms as referred to in Section 12 and

Article 16 does not negate the liability of paying damages as referred to in Article 18.

20. The chapter can be detailed into a few verses. 21. Verse numbered with Arabic numeral among the marks

read parentheses without ending the dot punctuation mark. 22. One paragraph shall only contain one norm that

is formulated in one whole sentence. 23. The initial letter of the word verse used as a reference

is written with a lowercase letter. Example:

Article 29 (1) Each applicant of a new Population Card

before the age of 60 (sixty) the year becomes an insurance participant.

(2) Any citizen who has a Population Card

insurance will get a claim payment by the cause of death.

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24. If a section or verse contains the details of the element, then

besides being formulated in the form of a sentence with details, it can also be considered the use of formulations in the form of tabulation.

Example: Article 17

Which can be provided the right to choose is an Indonesian Citizen who has been 17 (seventeen) years old or has been married and has been listed on the voter list.

The contents of that section can be more easily understood if

is formulated as follows: Sample formulas tabulation:

Article 17

Which can be given suffrage is an Indonesian Citizen who: a. has been aged 17 (seventeen) years or has been mating, and b. has been listed on the voter list.

25. If the details in the tabulation are intended as details

cumulative, added the word and that is put behind the second details of the last details.

26. If the details in the tabulation are intended as alternative details are added a word or put in the back of the second details of the last details.

27. If the details in the tabulation are intended as cumulative and alternative details, the word added and/or placed behind the second details of the last details.

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28. The word and, or, and/or do not need to be repeated at the end of any element or details.

Example: a. each of the details is marked with a, b, letter, and

so on.

Section 8 (1) of the {IBM} {\cf1} {\cf1} {\cf1} {\cf1, A ... a ... a ... a ... a ... a ... . ...; (and, or, and/or) c. It's a ... b. if any details require further, those details

are marked with the Arabic numeral 1,2 and so on.

Section 11

(1). A ... a ... a ... a ... a ... a ... A ... a ... a ... b. . ...; (and, or, and/or) c. (A): 1. (A). Oh ... (and, or, and/or) 3. . .c. if any further details require the details that

detailed, the details are marked with a), b) and so on.

Example: Article 16 (1) {]} {{2} {{{3}} {{{{3}} {{{3}} A ... a ... a ... b. . ......; (and, or, and/or)

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c. It's a ... 1. (A). Oh ... (and, or, and/or) 3. (A). A ... a ... a ... a ... a ... a ... a ... Oh ... (and, or, and/or) c). -... d. if any further details require the details that

detailed, the details are marked by 1), 2), and so on

Example: Section 16

(1) A ... a ... a ... a ... a ... a ... A ... a ... a ... a ... a ... a ... . ......; (and, or, and/or) c. It's a ... 1. (A). It's ... (and, or, and/or) 3. A ... a ... a ... a ... a ... a ... a ... (A). O ...; (and, or, and/or) c). (A).; 1). (2). It's ... 3. It's ...

C. 1. General provisions

1. The general provision is laid in the chapter of the piety If in the Regional Rule not to be a grouping of chapters, the general provisions are laid out in the initial section (s).

2. The general provision may contain more than one section.

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or definitions, abbreviations, or acronyms of more than one, then each of them is numbered in order with the Arabic numeral and begins with a capital letter and ends with a point reading.

6. The term or term contained in the general provision

is only the word or term used repetitive in the next section (s).

7. If a word or term is used only once,

but the word or term is required to be applied to a particular chapter, part or paragraph, it is recommended that the word or term be given the definition.

8. If a limitation of the definition or definition of need

is requoted in the general provision of an exercise regulation, then the formulation of the definition of understanding or definition in the law of execution must be equal to the formulation of the definition of understanding or The definition contained in the higher rules implemented.

48 9. Because of the definition or definition, the abbreviation,

or the acronym serves to describe the meaning of a word or term, then the definition of understanding or definition, abbreviation, or acronym does not need to be briefed, and therefore must be was formulated in such a way that it does not incur a double understanding.

10. The order of placement of the word or term in general terms follows the following conditions:

a. The definition of the common scope is placed first than the specific scope;

b. The meaning of which is first in the subject matter is placed in a prefixed order; and

c. a sense that has a connection to the definition of it is placed adjacent in sequence.

C. 2. Subject Matter

1. The underlying matter is placed directly after the general provisions chapter, and if no chapter grouping, the underlying material is set up after the section (s) of the general provisions.

2. The division of principal material into smaller groups is carried out according to criteria that are the basis of division.

C. 3. Criminal provisions (if required)

1. The criminal provisions contain formulas that declare a criminal fall for violations of provisions that contain the norm of prohibition or order.

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2. In formulating the criminal provisions necessary

be aware of the general principles of the penal provisions contained in the Book of the Criminal Law, because the provisions of the Book of Acts apply also to the deeds that may be convicted according to the law. other laws, unless otherwise by any other defined Act (Article 103 of the Code of Criminal Law).

3. In determining the length of the criminal sanction or the number of fines needs to be considered about the impact posed by the criminal sanctions in the community as well as the element of the perpetrator fault.

4. The criminal provisions are placed in a separate chapter, which is the chapter of the criminal provisions that are located after the subject matter is set or before the passage of the transitional provisions. If the transition provisions chapter does not exist, its location is before the closing chapter.

5. If the Regional Rule is not a grouping of chapters per chapter, the criminal provisions are placed in the section directly before the section (s) that contains the transitional provisions. If no section contains the transitional provisions, the criminal provisions are laid before the closing section.

6. The formulation of the criminal provisions must explicitly mention the norm of the prohibition or the order that is broken and to mention the article (s) that contains the norm. As such, it needs to be avoided: a. Randomness to a criminal condition of the rules

another; b. Randomness to the Laws of the Law

Criminal, if the elements or elements of the referenced norm are not the same.

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7. If the criminal provision applies to anyone, the subject of the criminal provisions is formulated with the phrase of each person.

8. In regards to the distinction between the criminal offence and the criminal offence in the Code of Criminal Law, the formula of the criminal provision must declare expressly whether the act of being threatened with the criminal is qualified. as a violation. Example:

CHAPTER X CRIMINAL PROVISIONS

Article 35

(1) Any person who violates the provisions of Article .........., is criminalised with the most prolonged confinement criminal ... or the most fines of Rp. [♪♪] [...].

(2) Penal Tindak as referred to in paragraph (1) is a violation.

9. The formulation of the criminal provisions in the Regional Regulations is alternative.

C. 4. Transition provisions (if required)

1. The transition provision contains adjustments to the existing Regional Regulations when the Regional Regulations are able to proceed smoothly and do not cause any legal problems.

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2. The transitional provisions are contained in the chapter of the transitional provisions and are placed between the chapter of the criminal provisions and the concluding chapter of If in the Regional Rule not to be held grouping chapters, the section containing the transitional provisions is placed before the section containing the cover provision.

3. When a Regional Regulation is declared to begin

in effect, any existing legal relationship or legal action that occurs either before, at the time, nor after the new Regional Regulation is declared to be effective, subject to the terms of the Code of Law. New Regional Rule.

4. If a Regional Rule is redefined,

The Regulation of the Regions shall contain provisions regarding the status of the legal action, or the legal relationship that exists in the middle of the time between the start date and the date of the start of the date of the start of the date. The start date is in effect.

5. Given the common legal principles of law

criminal, the self-determination of the receding should not be traced to a provision that concerns a criminal or a violation.

6. Avoid formulae in the transition provision that

contains changes covered by the provisions of other Regional Regulations. This change is done by creating a new definition of understanding in the general provisions of the Regional Regulations or done by making the Regional Rule change.

52 C. 5. Closing Provisions

1. The closing provisions are placed in the last chapter. If no chapter grouping is held, the closing provisions are placed in the last section (s).

2. Generally the terms of the cover contain

provisions concerning: a. organ designation or appliance tool that

carries out the Regional Regulation; b. brief name; c. status of the existing Regional Regulation; and d. when it comes to the Regional Rule.

3. The closing conditions may contain the rules

the execution of which is: a. run (executive), for example, the appointment

a particular officer who is authorized to provide permission, elevate the employee, and others;

b. set (legislative), for example, provides the an only contains a description or further jabs of the norm that is set in the body trunk. Thus, the explanation as a means to clarify the norm in the body bar should not result in the vagueness of the norm described.

3. The explanation cannot be used as the basis of the law to make the regulation further. Therefore, avoid creating the norm formula in the explanout section.

4. In an explanation of the unavoidable formulation of the content it contains a veiled change to the provisions of the Regional Regulations.

5. The text of the explanation is arranged together with the drafting of the Regional Regulation in question.

6. Title of the explanation of the Regional Regulations as the Regional Regulation title is concerned.

Example: EXPLANATION

ABOVE

THE MUNICIPAL REGULATION OF CIREBON CITY NUMBER ....... YEAR ..........

ABOUT

PERMISSION TO SET UP A BUILDING IN CIREBON CITY

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7. The Regional Rule explanation contains the general explanation and explanation of the article for the sake of article.

8. The details of the general explanation and the explanation of the article by the passage begin with the Roman numerals and are written entirely with capital letters.

Example: I. UMUM II. SECTION BY SECTION

9. A general description contains a systematic description of the background of the thought, intent, and purpose of the drafting of the Regional Regulations in the context of the considerance, as well as the principles, purposes, or the points contained in the context of the law, and the principles of the Law. The body trunk of the Regional Rule.

10. Parts of the general explanation can be numbered with Arabic numeral, if this gives more clarity.

Example: I. UMUM 1. Thought:

. The Governing Body's Governing Body. [AUTONOMOUS COMMUNITY]. The IBM Cloud Service Description for the IBM Cloud Service is available as a Service. Surveillance of the IBM Cloud Service is a total of a total of 100% of the total number of

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11. If in the general explanation the randomness is loaded to

The Regional Regulations or other documents, this randomness is supplemented with a description of the source.

12. In order to make an explanation of the article, it must be noted for its formula: a. does not conflict with the underlying material that

is set in the torso; b. does not expand or add to the norm that

exists in the body bar; c. does not perform a repeat of the underlying material

which is set in the body bar; d. not repeat the word sequence, term, or

definition that has been contained in the general provisions.

13. A general provision containing the definition of the definition or definition of a word or term, there is no need to be given an explanation, since it is a limitation of understanding or definition must be formulated in such a way that it is understandable without requiring any explanation. Forward.

14. In chapter or paragraph that does not require an explanation is a clear enough phrase, which ends with the point of reading, in accordance with the meaning of the phrase explanation of the article in the section not being merged even though there are several consecutive sections that are not. require an explanation.

Less appropriate example: Article 5, Article 6, Article 7 (Article 5 s/d 7) Is quite clear.

62

Should be: Article 5 is fairly clear.

Article 6 is pretty clear.

Article 7 is pretty clear.

15. If a chapter consists of a number of verses or items does not require an explanation, the corresponding section is sufficiently clear enough, without detailing each verse or item.

16. a. If a section consists of a number of verses or grains and one of the verses or items that requires an explanation, each verse or item needs to be listed and provided with a corresponding explanation.

Example: Article 7 Verse (1) Is quite clear. Verse (2) This paragraph is intended to give

the legal certainty to the judge and the legal users.

Verse (3) Is quite clear.

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63 b. If a term/word/phrase/in a section

or a paragraph that requires an explanation, use the petic punctuation ("t .........") on the term/word/phrase.

Example: Section 20 Verse (1) referred to as the "trial

the following" is the term of the House of Representatives of the Regions which is between only one term of recess.

Verse (2) Is quite clear. Verse (3) Is quite clear. F. ATTACHMENT (IF REQUIRED)

In case the Regional Regulation requires an appendix, it must be expressed in the body bar and the statement that the attachment is an inseparable part of the Regulation of the Regions which Concerned. At the end of the attachment must be in the name and signature of the official who authorized/establish the Regional Regulation in question.

II. SPECIAL THINGS

A. Authorized authoring

1. The Regional Regulations may delegate further authority to the Mayor's Ordinance and/or the Mayor's Decision.

64 2. Delegates the governing authority, should

refer to the firm: a. the scope of the regulated material; b. type of Mayor Regulation and Mayor ' s Decision.

3. If the delegated material is partially regulated in the Regional Regulation which delegates but the material must be governed only in the Regional Regulations delegated and should not be delegated further to the Regulation. Mayor and Mayor's Decision, use any further provisions regarding ........ are set with a ...

Example:

Article .........

(1).

(2) More Terms of Use (s). is set with or based on the Mayor ' s Regulation.

4. If the set of such materials is permitted

further delegated, use the word further Conditions on ..... set with or based on.

Example:

Section ........

(1).,

(2) Further provisions of the Terms of the Agreement are governed by and or under the Mayor's Rules.

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65

5. If the set of such materials is permitted

further delegated (subdelegates) the sentence is used (2) the terms of the Agreement are governed by or based on the IBM Product (s).

6. In order to make it easier to determine the title of

the executor rules to be made, the forwarding formula needs to list briefly but complete about what will be set further.

7. If the section is composed of multiple verses, the abbreviation

authorization is made in the last paragraph of the section in question.

8. If the chapter is composed of many verses, the abbreviation

authority can be considered for the contained in its own section, as this matter is fundamentally different from what is set in the previous series of verses.

9. In order for the authority to regulate secan

it may have been avoided by a blangko delegation.

10. The authoring of the authority governs from the writing of the phrase Sheet Area and Local News is written entirely with capital letters.

Example: THE SHEET AREA OF THE CITY OF CIREBON YEAR ....... NUMBER ... SERI ... .....

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59

E. explanation 1. The Regional Rule can be briefed, if

is required.

2. The explanation serves as the official interpretation of the Local Regulation-forming over certain norms in the body stem. Therefore, the explanationslation

in Indonesian.

12. The use of a foreign language word or phrase should be used only in the explanation of the Regional Regulations. The word or phrase of the foreign language is preceded by his equivalent in Indonesian, written, and placed among the brackets.

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B. Word or Word Option 1. To specify a maximum and minimum definition

in determining the criminal threat or the time limit used the word most.

2. To specify the maximum and minimum for the unit: a. time, use the shortest or most current

phrase; b. the amount of money, use the least phrase or

at most; c. the amount of non money, use the lowest phrase and

at the highest.

3. To specify the meaning of not including, use the word except the one placed at the beginning of the sentence, if the excluded are the entire sentence.

Example:

Unless A and B, each person is required to give testimony in front of the Court hearing.

4. The word except placed directly behind an

word, if that will be limited only the word is concerned.

Example:

The one referred to the ship's men is mualim, a mudi, a sailor and a chef except for the apprentice chef.

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73

5. To specify any meaning included, use a word other than.

Example: In addition to the mandatory eligible eligibility

in Section 8, the applicant is required to pay the registration fee as referred to in Article 15.

6. To state the meaning of the multiplier or possibility, the word is used if, if, or the phrase in terms of.

-the word if it is used to declare a clausal relationship (pattern because-then).

Example:

If a company violates the obligations as referred to in Article 7, the company's permission may be revoked.

-the word if it is used to declare a predate-consuming clausal relationship.

Example:

If a member of the Corruption Eradication Commission quits in his term for reasons referred to in Article 12 of the paragraph (4), the question is replaced by a replacement member until the expiration of his term.

-phrase in terms of use to declare a possibility, circumstances or conditions that may occur or may not occur (a possible pattern-then).

Example:

In case the Chairperson cannot be present, the trial is led by the Vice Chairman.

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7. The phrase is when used to state a state that is bound to happen in the future.

8. To specify the cumulative nature, use of the word and.

Example:

A and B can be a Sample .........

9. To specify an alternate nature, use the word or.

Example:

A or B is required to provide a. ......

10. To state the cumulative and alternate nature, use the phrase and/or.

Example:

A and/or B can obtain a " .........

11. To specify a right, use the entitled word.

Example:

Everyone has the right to express a public opinion.

12. To declare the granting of authority to a person or agency use the word authority.

13. To state the discretionary nature of an authority given to a person or agency, use the word can.

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75 14. To specify any obligations that have been

set to be used a mandatory word. If the obligation is not met, concerned will be subject to legal sanction according to the applicable law.

Example:

To build a house, one must have permission to set up a building.

15. To represent the fulfillment of a condition or

a certain requirement, use the word must. If such a requirement is not met, concerned is not acquiring something that should be obtained if he meets those conditions or requirements.

Example:

To obtain a permit to establish a building, someone must meet the following terms:

16. To specify a ban, use the word

is prohibited.

C. Method of Reference 1. In essence, each chapter is an

definition without reference to another chapter or verse. But to avoid a recurrence of the formula can be used by the randomness technique.

76

2. The randomness technique is conducted by designating the section

or the verse of the Law of the Regions in question or other Regional Regulations using the phrase as referred to in Article ........ or as referred to in verse-

...

Example:

a. The requirements as defined in Section 13 of the paragraph (1) and paragraph (2) of the (2). ....

b. Permission as referred to in verse (3) is valid .....

3. The randomness of two or more of the sequential chapter or verse does not need to mention the article by article or verse for the sake of the verse that is referenced by using the phrase up to.

Example:

a. {\cf1 {\cf1 {\cf1 {\cf1 {\cf1 \ It is only as if they were in the same place as the verses of the (4).

4. Randomness to two or more of the section or paragraph

which is sequential, but there is a verse in one of the excluded sections, the section or the unreferenced paragraph is expressed with the word except.

Example:

a. The provisions referred to in Section 5 to Section 12 are valid also for the candidate of the judge, except for Article 7 of the paragraph (1).

b. In the case of a verse (1) to the (5), the (verse) is the (only) prisoners, except as (4) a (1) letter.

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77 5. The word this article does not need to be used if the paragraph that

is referenced is one of the verses in the section in question.

Example:

(1).

(2) The Ijin as referred to in paragraph (1) applies to 60 (sixty) days.

6. If there are two or more randomness, the sequence of randomness starts from the verse in the section in question (if any), then followed by an article or a paragraph that number is smaller.

Example:

(1) th .........

(2) ...

(3) Ijin as referred to by paragraph (1), Article 7 of the paragraph (2) and paragraph (4), Article 12 and Article 13 of the verse (3) are submitted to the Mayor.

7. The randomness may be done by using also briefly the subject matter referenced.

Example:

A coal-mining permit as referred to in Article 15 is given by .........

8. Randomness can only be performed to the laws of the same level or higher.

78 9. Avoid randomness to a section or paragraph located

after the section or the paragraph is concerned.

Example:

A tourist forest management permit permit as referred to in Article 17 is made in a 5 (five) trap.

10. The randomness is performed by explicitly naming the number of chapters or verses referred to and the users of the preceding section phrase or the section above.

11. Randomness to acknowledge the provisions of the laws of the Law that are not referred totion of the Regions, the definition or limitation of such an understanding should be no different to the formula. the definition or limit of the notions contained in such a higher Regional Rule.

11. The use of the word or phrase is widely used and has been adapted to the spelling of the Indonesian language system, if the word or phrase is: a. has a matching connotation; b. shorter when compared to its equivalent

in Indonesian; c. has an international pattern; d. It's easier to make a deal, or an e. It is easier to understand than its tra in detail, using the phrase in accordance with the provisions of the laws.

12. To acknowledge that (various) the rule of execution of a Regional Regulation is still in effect or declared in effect for the time it has not been replaced with a new law-invitation rule, use the phrase as long as it does not Contrary to the rules of the ... ... (the kind of rules concerned).

13. If the declared Mayor 's Regulation still remains in effect only a portion of the Mayor' s Regulation provisions, use the phrase remains in effect, except for.

Example:

At the time The rules of this area apply, Regional Rule Number .......... It's a year of the year ... The Serial Number, The Addition Of Cirebon's City Area Sheet, remains in effect, except for Article 5 to Section 10.

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79

IV. FORM AN AREA REGULATION

A. Form of Regional Regulations

CIREBON CITY AREA REGULATIONS

NUMBER ........ YEAR ..........

ABOUT THE AMOUNT OF A.

WITH THE GRACE OF THE ALMIGHTY GOD

MAYOR CIREBON,

Draw: a. that. ...;

b. that it is that it is ... ....

c. that. Code Number ... Year ......

about a ... (sheet state of the Republic of Indonesia Year of the Year ... Number Two, Bank Of The Republic Of Indonesia Number Of States ...

2. []]

3. A:

With THE JOINT APPROVAL OF THE PEOPLE ' S REPRESENTATIVE COUNCIL OF THE CITY OF CIREBON

AND THE MAYOR OF CIREBON

DECIDED:

80

Assign: COUNTY RULES ABOUT .... (.)

CHAPTER I OF THE GENERAL PROVISIONS

Article 1

BAB II. .....

Article ..........

BAB ......... .....

(and so on)

The rules of this region begin Effective date.

In order for everyone to know it, order the invitational of the County Rules with its placement in the Cirebon Area of the City Area.

It was passed in Cirebon on the date of ...

MAYOR CIREBON,

(signature)

NAME CLEARLY

It was promulred in Cirebon on the date ...

SECRETARY OF THE CITY DISTRICT OF CIREBON, (SIGNATURE) THE NAME IS CLEAR

THE SHEET OF THE CITY OF CIREBON AREA OF THE YEAR I. .. NUMBER ... SERI ......

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81

B. Revocation Area Rule

CIREBON MUNICIPAL REGULATION

NUMBER .......... YEAR ... ...

ABOUT

REVOCATION OF REGIONAL REGULATIONS

NUMBER ....... YEARS ... ABOUT ...

WITH THE GRACE OF GOD ALMIGHTY

MAYOR CIREBON,

Counterpart: a. that.

b. that.

c. that it is. ...; Given: 1. It's ... 2. []]

3. And so on.

With the Joint Approval of the People ' s Representative Council of the City of Cirebon,

and MAYOR CIREBON

DECIDED:

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ESTABLISH: THE REGIONAL REGULATIONS ON THE REPEAL OF THE REGULATIONS AREA NUMBER ... YEARS ... ABOUT TO. (.)

Article 1

Local Regulation Number ......... The year ... about the ... the one that has been promulred in the sheet of the city of cirebon of the year ... Number ... Series ...... and the entire provisions of the implementation regulations relating to the. .... and stated do not apply.

Article 2

This Regional Regulation is beginning to apply to the date of the promulgable.

For each person know, ordering the invitational of this Regional Regulation with its discoverer in the Territory of the City of Cirebon.

Passed in Cirebon on the date of ...

MAYOR CIREBON,

(signature) THE OBVIOUS NAME

PROMULRED IN THE Cirebon on the date ...

SECRETARY OF THE CITY AREA OF CIREBON, (SIGN) THE NAME IS CLEAR

SHEET AREA OF THE CITY OF CIREBON YEAR ... NUMBER ... .... SERI ...

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Form of Area Regulation Change

MUNICIPAL REGULATION OF CIREBON CITY NUMBER YEAR ......

ABOUT

THE SECOND CHANGE OVER AREA REGULATIONS

NUMBER ...... YEARS ... ABOUT ...

WITH THE GRACE OF THE ALMIGHTY GOD

THE MAYOR OF CIREBON, A DRAW: A. that it is ... b. that it is that you are not a person who is not a member of this community. It's ... 2. It's ... 3. And so forth:

With the Joint Approval

THE PEOPLE REPRESENTATIVE COUNCIL OF THE CITY AREA OF CIREBON and

MAYOR CIREBON

DECIDED:

SET: THE REGIONAL REGULATIONS ON THE SECOND CHANGE. UNDER THE RULES OF THE NUMBER AREA ... YEARS ... ABOUT .......... (.)

Article I

The Regional Regulation Number ...... Year ... about the ... the one that has been promulcated in the sheet of the city of cirebon of the year ... Number ... Series, modified as of: A.. . (.)

Section II

This section of Regulation is effective on the date of promulgation. In order for everyone to know, order the invitational of this Area's Regulation with its placement in the Leaf of the City of Cirebon Area.

Passed in Cirebon on the date of ...

MAYOR CIREBON, (signature) NAME CLEAR

promulred in Cirebon on the date of .........

SECRETARY OF CIREBON CITY AREA, (signature) CLEAR NAME

THE SHEET OF THE CITY OF CIREBON CITY AREA .... NUMBER ... SERI ...

MAYOR CIREBON, Ttd,

SUBARDI

83 84

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