Act No. 31 Of 2007

Original Language Title: Undang-Undang Nomor 31 Tahun 2007

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ef531bfc0b889313231373533.html

! kc autonomy. Government. THE LOCAL GOVERNMENT. The establishment. The Moluccas. The city. Tual. ACT 31-2007 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 97, 2007 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4747) legislation of the REPUBLIC of INDONESIA NUMBER 31 in 2007 ABOUT the FORMATION of the TOWN of TUAL in MALUKU PROVINCE with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that to spur the development and progress of Maluku province in General and the Southeast Maluku district in particular, as well as the existence of a growing aspirations in the community the increased need for organizing, governance, development, and implementation of the public service in order to accelerate the realization of the welfare of the community;
.,, b. that having regard to the geographical condition of which is the area of the Islands, the ability of the economy, the potential of the area, land area, population and consideration of social aspects of political, social, cultural, defence, and security as well as the increased burden of duties and the volume of work in the areas of governance, development, and community in Southeast Maluku district, needs to be done to the formation of the town of Tual in Maluku province;
.,, c. that the establishment of the town of Tual is expected to be able to encourage the improvement of services in the areas of governance, development, and community, as well as be able to provide capabilities in harnessing the potential of the region;
.,, d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish laws on the formation of the town of Tual in Maluku province;
.,, Considering: 1. Article 18, article 18A, 18B Article, article 20 and article 21 of the Constitution of the Republic of Indonesia in 1945;
., ,2. Act No. 20 of 1958 concerning the determination of the Emergency Law number 22 in 1957 about the formation of the Autonomous Region level I the Moluccas (State Gazette Number 79 in 1957) as the Act (State Gazette Number 61 in 1958, additional State Gazette Number 1617);
., ,3. Act No. 60 in 1958 about the setting of the emergency law Number 11 in 1957 on the establishment of Autonomous areas level II within the Autonomous Region level I the Moluccas (State Gazette number 80 in 1957), as the Act (State Gazette of the Republic of Indonesia Number 111 of 1958, an additional Sheet of the Republic of Indonesia Number 1645);
., ,4. Law No. 12 of 2003 on general elections of members of the House of representatives, the regional representative Council, and the regional House of representatives (State Gazette of the Republic of Indonesia Number 37 in 2003, an additional Sheet of the Republic of Indonesia Number 4277);
., ,5. Act No. 22 of 2003 about the arrangement and position of the people's Consultative Assembly, the House of representatives, regional representative Council and the regional House of representatives (State Gazette of the Republic of Indonesia Number 92 in 2003, an additional Sheet of the Republic of Indonesia Number 4310);
., ,6. 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);
., ,7. 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 about the change in 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);
., ,8. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and the regional Government (the State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438);
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES:.,, set: the law on the ESTABLISHMENT of the TOWN of TUAL in MALUKU PROVINCE.
CHAPTER I GENERAL PROVISIONS article 1 In this law is the:.,, 1. Central Government, hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
., ,2. The autonomous region, hereinafter referred to as the area, is the unity of Community law which has territorial boundaries which authorities manage and administer the Affairs of Government and the interests of the local community according to its own initiative on the basis of the aspirations of the community in the system of unitary State of the Republic of Indonesia.
., ,3. Maluku province is the province referred to in Act No. 20 of 1958 concerning the determination of the Emergency Law number 22 in 1957 about the formation of the Autonomous Region level I the Moluccas (State Gazette Number 79 in 1957) as the Act (State Gazette Number 61 in 1958, additional State Gazette Number 1617).
., ,4. Southeast Maluku district is the district referred to in Act No. 60 in 1958 about the setting of the emergency law Number 11 in 1957 on the establishment of Autonomous areas level II within the Autonomous Region level I the Moluccas (State Gazette number 80 in 1957), as the Act (State Gazette Number 111 of 1958, an additional Sheet country number 1645), which is the home town of the city of Tual.
CHAPTER II establishment, COVERAGE AREA, and is considered part of the AREA LIMITS the formation of article 2 of this law established the city of Tual in Maluku province in Indonesia Republic unitary State.

The second part of article 3 Territories Coverage.,, (1) the city of Tual was derived from parts of Southeast Maluku district, consisting of coverage:.,, a. Subdistrict Dullah North;

b. Sub Dullah South;

c. Tayando Tam Island Subdistrict; and d. Kur Islands Subdistrict.
.,, (2) the scope of the area referred to in subsection (1) is depicted in the map region that is listed in the Appendix and part of which is inseparable from the Act.
Article 4 with the formation of the town of Tual, as stipulated in article 2, the Southeast Maluku district town of Tual area reduced by as stipulated in article 3.

The third part Borders article 5 (1) of the city of Tual has territorial boundaries:.,, a. North bordering the Banda Sea;

b. the East borders the Southeast Maluku district in the Strait Nerong;., c. South of the Subdistrict is bordered by Kei Kecil Islands Southeast Maluku district and the Arafura Sea; and d. the West bordering the Banda Sea.
.,, (2) the limits referred to in subsection (1) is described in the map of the region which is the part that is an integral part of this Act.
.,, (3) the assertion of the limits of the territory of the town of Tual definitively in the field, as referred to in paragraph (1) and paragraph (2) is designated by the Minister of the Interior more than 5 (five) years since the launch of the city of Tual.
Section 6.,, (1) with the formation of the town of Tual as stipulated in article 2, the Government of the city of Tual sets the Spatial Plan of the area in accordance with legislation.
.,, (2) the determination of the Spatial Plan of the city of Tual Area referred to in subsection (1) is carried out in accordance with the plan of National Territory Spatial and Spatial Plan area of Maluku province as well as paying attention to the Spatial Plan of the Districts/cities in the vicinity.
The REGIONAL GOVERNMENT AFFAIRS CHAPTER III Chapter 7.,, (1) the Affairs of the Government authorities of the city of Tual includes mandatory Affairs and the Affairs of the options as set forth in the legislation.
.,, (2) a compulsory Affair that became the authority of local Government of the city of Tual as referred to in subsection (1) include the following:.,, a. planning and development control;

b. planning, utilization, and surveillance of space;

c. holding of public order and harmony of the community;

d. the provision of public facilities and infrastructure;

e. handling the health field;

f. Organization of education;

g. countermeasures of social issues;

h. the Ministry field of employment;

i. facilitation of the development of cooperatives, small and medium enterprises;

j. environmental control;

k. Ministry of land;

b. the Ministry of population and civil registration;

d. the Ministry of General Administration of Government;

n. administrative capital investment services;

o. Organization of other basic services; and p. other mandatory Affairs mandated by legislation.
.,, (3) the Affairs of Government authority into the options area of the town of Tual as referred to in subsection (1) includes Government Affairs which significantly there and potentially to improve the welfare of the community in accordance with the conditions, the specificity of the flagship, and the potential areas are concerned.
CHAPTER IV the GOVERNMENT of the REGION is considered part of the inauguration of the New autonomous region and Acting Head of Region article 8 inauguration of the city of Tual and the appointment of the Acting Mayor of Tual was done by the Home Secretary on behalf of the President of the longest 6 (six) months after the Act is enacted.

The second part of the local government article 9.,, (1) to lead the Organization of the Government in the city of Tual was chosen and endorsed the Mayor and Deputy Mayor, according to the legislation, the longest one (1) year since the formation of the town of Tual.
.,, (2) prior to the election of Mayor and Deputy Mayor of definitive as referred to in paragraph (1), for the first time the Acting Mayor was appointed from civil servants with the longest term of 1 (one) year and appointed by the Home Secretary on behalf of the President upon the proposal of the Governor.

.,, (3) the Minister of internal affairs can appoint the Governor of Maluku to appoint the Acting Mayor of Tual.
.,, (4) the civil servant referred to in subsection (2) are the employees who have the ability and experience of the Office in the field of governance as well as meet the requirements to occupy the post in accordance with the legislation.
.,, (5) if within 1 (one) year as referred to in paragraph (2) has not been elected and not appointed by the Mayor of definitive, Minister of internal affairs can lift back the Acting Mayor for one (1) times the next longest term of 1 (one) year or replace it with another acting in accordance with the legislation.
.,, (6) Coaching, supervision, evaluation and facilitation on performance Acting Mayor in carrying out the duties of the Government, the process of charging a member of the House of representatives of the region, and the election of Mayor/Deputy Mayor is done by the Governor.
Article 10 first-time financing the implementation of the election of the Mayor and the Deputy Mayor of Tual as referred to in article 9 paragraph (1) is charged to the income and Expenditure budget of the Southeast Maluku district and Regional Budget of income and Expenditure area of Maluku province.

Section 11.,, (1) to conduct Government in the city of Tual shaped device that includes areas of the Secretariat, the Secretariat of the Regional Representatives of the region, Office of Regional Technical Agencies, regional, as well as other areas of the device elements taking into account the needs and capabilities of the finance area in accordance with legislation.
.,, (2) the area referred to in subsection (1) has been formed by the Acting Mayor the longest 6 (six) months from the date of the inauguration.
The third part of the regional House of representatives article 12.,, (1) Charging the membership of the House of representatives to Tual City Area was first done by the determination of equalization based on yield sound political party Electoral participants in 2004 were held in Southeast Maluku Regency.
.,, (2) Setting about quantity, mechanism and the procedures for filling membership Representatives Tual city areas as referred to in paragraph (1), established by the Commission on Elections (the ELECTION COMMISSION) in accordance with the legislation.
.,, (3) the determination of the membership of the House of representatives Tual city areas as referred to in paragraph (1) and paragraph (2) was conducted by the Electoral Commission (the ELECTION COMMISSION) Southeast Maluku Regency.
.,, (4) a member of the House of representatives the Southeast Maluku district Area regional election at the general election of 2004 is divided into regions Southeast Maluku district town of Tual and as a result of this legislation, the concerned can fill out the membership of the House of representatives Tual city areas or remain on the membership of the House of representatives of the regional Southeast Maluku Regency.
.,, (5) the inauguration of the inaugural members of the House of representatives of the city of Tual Area held the longest 6 (six) months after the appointment of the Acting Mayor of Tual.
Chapter V the PERSONNEL, assets, and documents Article 13.,, (1) Southeast Maluku Regent shared the Acting Mayor of Tual inventory, organize, and carry out the transfer of personnel, assets, as well as the submission of documents to the Government of the city of Tual.
.,, (2) the transfer of the personnel referred to in paragraph (1) do the longest 6 (six) months from the appointment of the Acting Mayor.
.,, (3) delivery of assets and the documents referred to in subsection (1) done more than 5 (five) years since the appointment of the Acting Mayor.
.,, (4) Personnel as referred to in paragraph (1) and paragraph (2) covers the civil servants because the task and ability required by the city of Tual.
.,, (5) the Governor of Moluccas facilitates the transfer of personnel, assets, and submission of documents to the city of Tual.
.,, (6) salaries and fringe benefits of civil servants as referred to in paragraph (4), as long as he is not yet a budget revenue and Shopping Areas of the city Tual, charged to the budget of revenue and Expenditure of the origin of a work unit of the personnel concerned in accordance with the legislation.
.,, (7) assets and documents referred to in subsection (1) and paragraph (3), includes the following:.,,.,, a. partly owned/controlled moves and does not move and/or utilized by the Government of the Southeast Maluku district in Tual City region;
.,, b. Corporately Owned the Southeast Maluku district Area position, activities, and its location is the city of Tual;
.,, c. debts Southeast Maluku district that its use for the city of Tual became the responsibility of the city of Tual; and d. the archive documents and because of its nature required by the city of Tual.
.,, (8) if the surrender and transfer of assets as well as the documents referred to in subsection (7) is not implemented by the Regent of Southeast Maluku, Maluku Governor as the representative of the Government must solve them.
.,, (9) the implementation of the transfer of personnel and assets as well as the submission of the documents referred to in subsection (1) is reported by the Governor of Maluku to the Minister of the Interior.
CHAPTER VI income, EQUALIZATION FUNDS ALLOCATION, grants, and ASSISTANCE FUNDS Article 14.,, (1) the city of Tual entitled to Equalization Fund allocation in accordance with the legislation.
.,, (2) in fund balances referred to in paragraph (1), the Government allocates funds a special allocation of infrastructure in accordance with government regulations.
Section 3.,, (1) the Government of the Southeast Maluku District provides grants in the form of money to support the activities of the Organization of the Government of the city of Tual Rp RP 5 billion (five billion dollars) every year for the past two years in a row.
.,, (2) the Government of the Province of Maluku provide relief fund to support the activities of the Organization of the Government of the city of Tual Rp RP 5 billion (five billion dollars) every year for the past two years in a row.
.,, (3) the awarding of the grant referred to in subsection (1) and the grant of aid as referred to in paragraph (2) started since the inauguration of the Acting Mayor of Tual.
.,, (4) In Southeast Maluku district did not meet the conditions referred to in subsection (1), the Government reduced the allocation of funds from the general acceptance of the Southeast Maluku district to be given to the Government of the city of Tual.
.,, (5) when the Maluku province did not meet the conditions referred to in subsection (2), the Government reduced the allocation of funds from the general acceptance of Maluku province to be given to the Government of the city of Tual.
.,, (6) the Acting Mayor of Tual delivered a realization grant referred to in subsection (1) to the Regent.
.,, (7) the Acting Mayor of Tual report accountability for the realization of the use of the grant and the grant referred to in subsection (1) and paragraph (2) to the Governor of Maluku.
Article 16 the Acting Mayor of Tual obligation do the administering regional finance in accordance with the legislation.

CHAPTER VII article 17., COACHING, (1) To streamline the Organization of the Government of the region, the Government and the Government of the Moluccas do coaching and facilitation in particular against the city of Tual within 3 (three) years since it was inaugurated.
.,, (2) to after 7 (seven) years since it was inaugurated, the Government together with the Governor of Maluku province to evaluate against the conduct of the Government of the city of Tual.
.,, (3) the results of the evaluation as referred to in paragraph (2) be used as a reference for further policy by the Government and the Governor of Maluku province in accordance with regulations.
CHAPTER VIII TRANSITIONAL PROVISIONS Article 18.,, (1) Before the formation of the regional people's representative Council, the Acting Mayor of Tual drafting Regulations the Mayor about the budget revenue and Shopping Area of the city of Tual for the next fiscal year.
.,, (2) the draft regulation of the Mayor of Tual as mentioned on paragraph (1) was implemented after confirmed by the Governor of Maluku.
.,, (3) the process of endorsement and assignment Rules Mayor Tual as referred to in paragraph (2) was carried out in accordance with the legislation.
Section 19.,, (1) Before the city of Tual set local regulations and rules of the Mayor as the implementation of this Act, all local regulations and rules of the Mayor of Tual along does not conflict with this Act remain in force and be implemented by the Government of the city of Tual.
.,, (2) All applicable local Southeast Maluku district, regulations and decisions of the Regent that occurred in the city of Tual must be adjusted with this legislation.
CHAPTER IX PROVISIONS COVER article 20 at the time of the enactment of this Act, all the provisions in the regulations relating to the city of Tual must be adjusted with this legislation.

Article 21 the provisions further as implementation of these laws is regulated by legislation.

Section 22 of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on August 10, 2007 The PRESIDENT of the Republic of INDONESIA, SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on August 10, 2007 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY MATTOANGIN RI No. 4747 (explanation of the 2007 State Gazette Number 97) EXPLANATION for the law of the Republic of INDONESIA NUMBER 31 in 2007 ABOUT the FORMATION of the TOWN of TUAL in MALUKU PROVINCE I.. , The Maluku province has an area of approximately 47,350.42 km2 with a population in 2005 amounted to 1,330,676 inhabitants consists of seven counties and one City, it needs to spur an increase in the Organization of the Government in the framework of the unitary State of the Republic of Indonesia reinforces.

., Southeast Maluku district, which has an area of ± 4,676 km² with a population in 2005 amounted to 143,977 inhabitants consist of 10 (ten) districts. The district has a potential that can be developed to support the improvement of the Organization of the Government.
., With an area of, and the magnitude of the population like this, the implementation of development and service to the community has not yet fully affordable.
Thus, conditions, need to be addressed by shortening the range of control of the Government through the creation of new autonomous regions so that public services can be improved in order to accelerate the realization of the welfare society.
., Next, with attention to the aspirations of the community who poured in Southeast Maluku Regent's letter to the Governor of Maluku Number 135/1468 dated September 4, 2003 subject recommendations establishment of the city of Tual, Maluku Provincial Decree number 16 in 2005 December 22, 2005 on approval of the establishment of the town of Tual As autonomous city, Maluku Governor's letter to the Minister of the Interior Number 135/2672 dated October 7, 2003 about government support Towards the establishment of the area of Maluku province town of Tual The approval of LEGISLATIVE DECREE, Southeast Maluku district number 17/XVII/2005 dated 12 November 2005 concerning approval and Designation of the city as the capital of Tual Regency town of Tual, the decision of the House of representatives of the regional Southeast Maluku district number 03/I/DPRD/2007 dated January 27, 2007 about the changes to the decision of the House of representatives of the regional Southeast Maluku district number 17/XVII/2005 dated 12 November 2005 concerning approval and Designation of the city as the capital of the County of the city of Tual Tual , The decision of the House of representatives of the regional Southeast Maluku district number 12/II/PARLIAMENT/2007 15 June 2007 on the approval of the House of representatives of the regional Southeast Maluku district Grant Fund Support Organiser Gives the Government and the election of the head of the first area For the city of Tual.
.,, Based on the things the Government has done a thorough and in-depth study regarding the feasibility of the establishment of the region and concludes that the Government needs to form the city of Tual.
.,, The formation of the town of Tual was the expansion of Southeast Maluku district consists of four (4) districts, namely Northern, district and subdistrict Dullah Dullah South Tayando Island, district and Sub-district Island Kur. The city of Tual has an area of 254.39 km ² ± overall population in 2005 amounted to approximately 51,081 inhabitants.
.,, With the formation of the town of Tual as an autonomous region, the Government is obliged to help the Maluku province and facilitate the formation of Institutional Representatives of the regional and other areas that effectively and efficiently in accordance with needs and capabilities, as well as assist and facilitate the implementation of the transfer of personnel, transfer of assets and documents for the purpose of organizing local governance in order to improve public services and accelerate the attainment of community welfare in the city of Tual.
.,, In carrying out autonomous region, the city of Tual need to conduct various economic improvement efforts, preparation of infrastructure governance, empowerment and enhancement of human resources, as well as the management of natural resources in accordance with the legislation.

II. For the SAKE of ARTICLE ARTICLE article 1, article 2, clear enough, clear enough, article 3, article 4, is clear enough, clear enough, article 5, paragraph (1), quite obviously, subsection (2), annex, map coverage area that is described with a scale of 1:50,000 published by the Government and submitted to the local Government of the city of Tual at time of inauguration as the new autonomous region. Paragraph (3), it is pretty clear, article 6, paragraph (1), quite obviously, subsection (2),, in order in particular to Tual City development planning and organization of the Government, the implementation of construction and community service in the future, as well as the development of infrastructure, development and civic Government, required the existence of a unity of development planning. For that, the Spatial area of the town of Tual must be arranged in harmonious and integrated with national, provincial and district/city.

Article 7, article 8, quite clearly, the inauguration of the city and the appointment of the Acting Mayor can be done simultaneously and its implementation can be done in the nation's capital, the capital of the province, or county seat.

Article 9, paragraph (1), quite obviously, subsection (2), the Acting Mayor of Tual was proposed by Governor of Maluku with consideration of Southeast Maluku Regent. Paragraph (3), quite obviously, subsection (4), quite obviously, subsection (5), quite obviously, subsection (6), article 10, is clear enough, the imposition of election expense, the Mayor and the Deputy Mayor of Tual to GRANT the province Maluku and Southeast Maluku district BUDGETS implemented proportionally in accordance with the financial ability of each area.

Article 11, article 12 is clear enough, clear enough, chapter 13, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), in order to achieve effectiveness and results to the Organization of Government, the implementation of development and civic services, use employees, land, office buildings, and equipment, as well as public service facilities that had existed in the implementation of the Government of the Southeast Maluku district in the territory of the candidate city of Tual.

In the framework of orderly administration, necessary legal action in the form of delivery of personnel, assets, and documents from the Government to the Government of Southeast Maluku district town of Tual.

Owned enterprises (BUMD) area of Southeast Maluku district, based, activities, and its location is the city of Tual, submitted by the Government to the Government of Southeast Maluku district town of Tual.

In terms of Area owned enterprises (BUMD) that its operational activities include services/parent district and new Regency, the local authorities concerned do work the same.

Debts receivable that its use is utilized for the city of Tual was handed over by the Government to the Government of Southeast Maluku district town of Tual. With regard to the handover arrangements, created a list of inventory. Subsection (6), quite obviously, paragraph (7), quite obviously, subsection (8), clear Enough, subsection (9), is quite clear, Article 14, Article 15, is quite clear., paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), general allocation fund, the reduction of the amount of funds is in accordance with the renewed Government of Southeast Maluku district that has not been paid. Subsection (5), general allocation fund, the reduction of the amount of funds is in accordance with a government capable of Maluku province which has not been paid. Subsection (6), quite obviously, paragraph (7),, is quite clear, article 16, article 17 clearly Enough, clear enough, Article 18, article 19, clear enough, clear enough, article 20, clause 21 is clear enough, clear enough, section 22, is quite clear, the annex (map)