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Government Regulation Number 45 Of 2007

Original Language Title: Peraturan Pemerintah Nomor 45 Tahun 2007

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 94, 2007 (Explanation in Additional Sheet Country Indonesia Number 4745)

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 45 YEAR 2007
ABOUT
THE REQUIREMENT AND ORDER OF THE APPOINTMENT
VILLAGE SECRETARY TO CIVIL SERVANT

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that under the provisions of Article 202 of the Law No. 32 of the Year 2004 on the Local Government, the Secretary of the Village that meets the requirements under the provisions of the laws, will be lifted gradually into the civil servants of the country;
., b. that based on the consideration as referred to in the letter a, it needs to establish the Government Regulation on the Requirements and Order of the Appointment Of The Secretary Of The Village Into A Civil Servant;

.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2. Law No. 8 of 1974 on the PoyPokok Keemployers (State of the Republic of Indonesia 1974 No. 55, Additional Gazette of the Republic of Indonesia Number 3041), as amended by Law No. 43 of 1999 (Sheet) State of the Republic of Indonesia in 1999 No. 169, Additional Gazette of the Republic of Indonesia Number 3890);
., 3. Law No. 32 of the Year 2004 on the Government of the State (Indonesian Republic Year 2004 Number 4437), as amended by Law No. 8 of 2005 on Establishing Government Regulation Of Replacement Laws Number 3 Year 2005 on Changes to the Law No. 32 Year 2004 on the Government of the Regions into the Act (State Gazette of Indonesia Year 2005 Number 108, Additional Gazette Republic of Indonesia Number 4548);
., 4. Government Regulation No. 97 of 2000 on the Civil Servants Formation (State of the Republic of Indonesia 2000 Number 194, Additional Gazette of the Republic of Indonesia No. 4015), as amended by Government Regulation No. 54 2003 (leaf Of State Of The Republic Of Indonesia In 2003 Number 122, Additional Gazette Of The Republic Of Indonesia In 2003 Number 4332);
. .5. Government Regulation No. 9 of 2003 on the Authority Appointment, Transference, and Dismissal Of Civil Servants (sheet Of State Of The Republic Of Indonesia In 2003 Number 15, Additional Gazette Of The Republic Of Indonesia Number 4263);
., 6. Government Regulation No. 72 Year 2005 on Village (State Gazette Indonesia Year 2005 Number 158, Extra Sheet of the Republic of Indonesia Republic Number 4587);

DECIDED:

.,, SET: GOVERNMENT REGULATION ON THE REQUIREMENTS AND ORDER OF APPOINTMENT OF VILLAGE SECRETARIES INTO CIVIL SERVANTS.

BAB I
UMUM PROVISIONS

Section 1
In this Government Regulation referred to by:
., 1. A village, called a village, is a unit of legal society that has the boundaries of the region which is authorized to organize and take care of the interests of the local people, based on the origins and customs of the local people. A recognized and respected local in the Government of the State Government of the Republic of Indonesia.
., 2. Civil servants, further abbreviated to PNS are those who after fulfilling the terms specified in the laws, are appointed by authorized officials and are addressed tasks in a post of public office or are called upon. Another country's job is specified in accordance with applicable laws and regulations.
., 3. The Ministry of the Village is the Village Device which is responsible for assisting the Head of the Village in the orderly areas of administration and development and service and empowerment of the community.

BAB II
APPOINTMENT REQUIREMENT

Section 2
The village secretary who was legally appointed until October 15, 2004 and is still carrying out the task until the enactment of this Government Regulation is elevated directly to the PNS, where it meets the requirements.

Section 3
(1) The requirements as referred to in Section 2 include:
., a., a. Put your trust in the Lord Almighty;
., b. loyal to Pancasila as the Basic State, the Basic Law of the State of the Republic of Indonesia in 1945, and to the Unity State of the Republic of Indonesia as well as the Government;
., C. is not currently serving a sentence for committing a criminal offence based on a court ruling that has a fixed legal force;
D. healthy physical and spiritual;
e. has the lowest Primary School diploma or an equal one; and
., f. It was 51 years old, at the age of 51 (fifty-one), on 15 October 2006.
.,, (2) The Secretary of the Village who meets the requirements is appointed as a PNS in the rank of the Class II/a Youth Classification.
., (3) The Secretary of the Village who has a higher diploma than the Compulsory Teaching Letter (STTB) High School Advanced School (SLTA) is appointed as a PNS in the rank/group of space in accordance with the SLTA ' s ijasah.
.,, (4) The Secretary of the Village who has a lower diploma than the STTB SLTA is appointed as a PNS in the rank/group of space in accordance with the permit it is owned.

BAB III
ORDER THE APPOINTMENT

Section 4
The appointment of the Secretary of the Village to the PNS is done in the following manner:
., a., a. Regent/Mayor compiling the data of the Secretary of the Village in its territory as referred to in Article 2.
., b. Regent/Mayor collects the appointment files of the Secretary of the Village as referred to in Article 3.
., c. The data of the Secretary of the Village and the file of appointment as referred to in the letter a and letter b are delivered by the Regent/Mayor to the Minister of the Interior through the Governor.
., d. The governor delivers data and files as referred to in letters a and letter b to the Minister of the Interior.

Section 5
.,, (1) The Minister of the Interior performs the verification and validation of data and files as referred to in Article 4.
.,, (2) The Minister of the Interior submitted the proposed formation of the Secretary of the Village for the District/City to the Minister of State of the State of Personnel and its release was delivered to the Head of the State Board of the State.

Section 6
.,, (1) The Teaching of the Minister of the Village to the PNS is carried out gradually according to the formation set by the Minister of State of the State of Aparatur State.
.,, (2) The Minister of the Village Secretary to the PNS as referred to in verse (1) was carried out gradually starting in 2007 and finished most slowly in 2009.
.,, (3) The Village Secretary ' s Formation of the village becomes PNS as referred to in paragraph (1) is allocated to each Subdistrict.
.,, (4) The Minister of the Village Secretaries gradually as referred to the verse (2) is done by prioritizing the highest age.

Section 7
.,, (1) the Minister of the Interior proposed the approval of the appointment of the Secretary of the Village to a PNS to the Head of the State Board of Personnel.
.,, (2) The Head of the State Board of Personnel granted the approval and designation of the Civil Servlet Number (NIP) appointment of the Secretary of the Village to the PNS and passed on to the Minister of the Interior.
.,, (3) The Agreement of the appointment of the Secretary of the Village as referred to in paragraph (2) is passed by the Minister of the Interior to the Regent/Mayor through the Governor.

Section 8
Based on the approval of the Head of the State Board of the State as referred to in Article 7 of the paragraph (2) and the Letter of the Interior Minister as referred to in Article 7 of the paragraph (3), the Regent/Mayor sets the decision of the appointment of the Secretary of the Village to PNS.

Section 9
The secretary of the Village appointed as a eligible PNS pension granted the pension rights under the laws.

BAB IV
VILLAGE SECRETARY YANG
NOT RAISED TO PNS

Section 10
.,, (1) The village secretary who was not appointed to the PNS was dismissed from the position of the Secretary of the Village by the Regent/Mayor.
.,, (2) The Village Secretary as referred to in paragraph (1) is given the compensation allowance calculated on the basis of the work during which it is concerned to be the Village Secretary.
.,, (3) The compensation of compensation benefits as referred to in paragraph (2) is calculated in the following manner:
.,
., a., a. Workday 1 (one) up to 5 (5) years is set at Rp5,000.00 (five million rupiah);
., b. Over 5 (5) years of work (Rp1,000.000.00) of the year, with the highest cumulative terms of Rp20,000.00 (twenty million rupiah).
(4) The compensation of the quantity of compensation benefits for any Secretary of the Village as referred to in paragraph (3) is defined by the Decree of the Regent/Mayor.

Section 11
The compensation benefits fund as referred to in Article 10 is charged in the Regional Revenue and Shopping Budget (APBD) of the District/City.

BAB V
OTHER LAIN-CONDITIONS

Section 12
.,, (1) The Secretary of the Village appointed to the PNS as referred to in Article 3 of the paragraph (4) is obliged to follow and pass the equities exam.
.,, (2) The equalization exam as referred to in paragraph (1) is required to be carried out by the Government of the Region 2 (2) the slowest 2 (2) years since the rule of this Government is specified.
.,, (3) The charge of the equalization exam as referred to in paragraph (2) is charged in the District/City APBD.

Section 13
.,, (1) The vacant Secretary of the Village as referred to in section 10 of the paragraph (1) is filled out of PNS which meets the slowest requirements of 6 (six) months since the termination.
.,, (2) For the agility of the holding of the village government, the Minister of State Pendayagunaan Negara provided the formation in order to fill the position of Secretary of the Village as referred to in verse (1).

Section 14
The secretary of the village appointed as a PNS under this Government Regulation may be mutated after serving as the Secretary of the Village at least 6 (six) years.

BAB VI
CLOSING PROVISIONS

Section 15
This Government Regulation is in effect until the completion of the appointment of the Secretary of the Village to the PNS as referred to in Article 2 and Section 6.

Section 16
Further provisions are required for the implementation of the Regulation of this Government governed by the Minister of the Interior and the Head of the State of the Union of State both individually and together in accordance with the fields of their respective duties.

Section 17
This Government Regulation shall come into effect on the date of the promulctest.

In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

.,, Set in Jakarta
on July 30, 2007
PRESIDENT OF THE REPUBLIC OF INDONESIA,

SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on July 30, 2007
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

ANDI MATTALATTA


ADDITIONAL
STATE SHEET RI

No. 4745 (Explanation Of 2007 State Sheet Number 94)

EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
ABOUT
THE REQUIREMENT AND ORDER OF THE APPOINTMENT
THE SECRETARY OF THE VILLAGE BECAME A CIVIL SERVANT.

I. UMUM

.,, Act Number 32 of the Year 2004 on the Local Government Section 202 mandated to fill the office of the Secretary of the Village of the PNS that meets the requirements.
.,, the Manager of the Village Secretary before the existence of this Government Regulation is performed with the Decree of the Regent/Mayor, Associate Decree of the Regent/Mayor, Regional Secretary of Regions, Other Officials appointed by the Regent/Mayor, Camat, and Village Head. The appointment was not in the status of the civil servant. The current Secretary of the Village is not a civil servant. Gradually the Secretary of the Village was appointed as a civil servant in accordance with the Laws of the Law.
.,, the Government ' s Regulation in implementing the mandate of Law Number 32 of the Year 2004 on the Local Government governs the requirements and manners of the appointment of the Secretary of the Village into a civil servant.
.,, in this Government Regulation are set up some important matters regarding the requirements and the terms of the appointment of the Secretary of the Village to a civil servant. In the arrangement there are provisions that allow the Secretary of the Village who can be appointed as the PNS, which is the Secretary of the Village who has been legally appointed until 15 October 2004 and carries out the duties until the effective date of the term. This government rules.
.,, another important thing set in the Regulation of this Government is the age limit of the elevation of the highest aged 51 (fifty-one) year and the highest given rank/class designation is the Class II/a Young Master of the Year. on all the Secretaries of the Village who were appointed to civil servants. Both of these terms are special conditions among other requirements to be elevated to civil servants.
.,, the Secretary of the Village who was appointed a civil servant in the event of being granted the right of pension in accordance with the laws. The tenure as the Secretary of the Village is fully calculated as a working period for retirement dating since being promoted to civil servant.
., in this Government Regulation is set also regarding the manner of the appointment of the Secretary of the Village to a civil servant. In the manner of appointment of the Secretary of the Village there is the role of element of the regional government, the State Board of Personnel, the Minister of State of the Ministry of Personnel, and the Minister of the Interior. The appointment of the Secretary of the Village to the PNS was gradually done, starting in 2007 and completed in 2009. The arrest of the appointment of the Secretary of the Village became a civil servant by regard to the order of priority which is based on the highest age.
.,, the Regulation of this Government governs also regarding the rights and compensation given to the Secretary of the Village that cannot be elevated to a civil servant. The secretary of the village was granted compensation benefits calculated on the basis of the work during which it was concerned as the Village Secretary.
., by the establishment of this Government Regulation, the issue of order of administration and development and service and empowerment of the community will be effective.

II. SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, the Minister of the Village Secretary directly became a civil servant without going through the procedure of the candidate for civil service.
The appointment of the Secretary of the Village directly to the PNS in this provision is the Secretary of the Village appointed with the Decree of the Regent/Mayor, or the Head of the Village in accordance with the laws.
The Regent/Mayor ' s Decision Letter in this provision includes also the Associate Decision of the Regent/Mayor, Regional Secretary of the Region, other Officials appointed by the Regent/Mayor, and Camat signed on behalf of the Regent/Mayor and Head The village.

Section 3
.,, Verse (1)
.,, the letter a
.,, Pretty Clear.
Letter b
.,, Pretty Clear.
Letter c
.,, Pretty Clear.
Letter d
.,, Pretty Clear.
Letter e
.,, Pretty Clear.
Letter f
.,, Determination of October 15, 2006 as the maximum time limit of the age of 51 (fifty-one) year is based on the thought that in accordance with the provisions of Article 238 paragraph (2) Act Number 32 of 2004 on Local Government, that regulations The implementation of the law is fixed at least two years since the law is set.
Verse (2)
.,, Pretty Clear.
Verse (3)
.,, Pretty Clear
Verse (4)
.,, the Secretary of the Village who has not met the requirements of the SLTA diploma and the rank of the Class II/a Youth Governing Body is still serving as the Village Secretary's Acting.

Section 4
.,, pretty clear.

Section 5
.,, pretty clear.

Section 6
.,, Verse (1)
.,, the Minister of Home Affairs compiled a list of verified Village Secretary ' s name sequences and validation based on the highest age to be delivered to the State Minister of Personnel Personnel as a formation-setting material.
Verse (2)
.,, Pengforce Secretary of the Village as a special PNS special phase in effect Tercounted Start Date (TMT) January 1, 2007 while his salary was paid since the concerned received the Decree of the Rapture as a PNS and declared to have been carrying out a task as a civil servant.
Verse (3)
.,, Pretty Clear.
Verse (4)
.,, Pretty Clear.

Article 7
.,, pretty clear.

Article 8
.,, pretty clear.

Article 9
.,, pretty clear.

Article 10
.,, pretty clear.

Article 11
.,, pretty clear.

Article 12
.,, Verse (1)
.,, Pretty Clear.
Verse (2)
., referred to by the "equalization exam" in terms of this is such as the Kejar Package B program and/or Kejar Package C.
Verse (3)
.,, Pretty Clear.

Article 13
.,, pretty clear.

Section 14
.,, the 6 (six) year Term Redemption in this provision is adjusted to the tenure of the Head of the Village as referred to in Article 204 of Law Number 32 of 2004 on the Local Government.

Article 15
.,, pretty clear.

Section 16
.,, pretty clear.

Section 17
.,, pretty clear.