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Government Regulation Number 25 Of 2007

Original Language Title: Peraturan Pemerintah Nomor 25 Tahun 2007

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 57, 2007 (Explanation In Addition Of State Sheet Republic Indonesia Number 4719)

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 25, 2007
ABOUT
SECOND CHANGE OVER
GOVERNMENT REGULATION NUMBER 6 IN 2005
ABOUT THE SELECTION, THE ENACTMENT OF THE APPOINTMENT, AND
REGIONAL HEAD STOP AND REGIONAL DEPUTY HEAD

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that the provisions of Section 40 paragraph (1) and paragraph (2) of the Government Regulation Number 6 of 2005 on Election, Enactment Of Appointment, and the Stop of the Head of Regions and Deputy Chief of Regions need to be adjusted to Act Number 32 of the Year 2004 on Local Government in particular Article 59 of the paragraph (5) the letter f, Article 79 paragraph (3) letter b, and Article 110 of the paragraph (3);
., b. that under consideration of the letter a, it is necessary to establish a Government Regulation on the Second Amendment to Government Regulation No. 6 of 2005 on Election, Enactment Of Appointment, and the Pit Stop of the Regional Head and Deputy of the Regional Head;

.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2. Act No. 32 Year 2004 on Regional Governance (State Sheet Indonesia Year 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437), as amended by Law Number 8 Year 2005 on Establishing Government Regulation Replacement Rule Number 3 Year 2005 on Change of Law Number 32 Year 2004 on Local Government Into Act (Republican Gazette) Indonesia Year 2005 Number 108, Additional Gazette of the Republic of Indonesia No. 4548);
., 3. Government Regulation No. 6 Year 2005 on Election, Enactment Of Appointment, and Stop Head of Regional and Deputy Head of Regions (State Gazette 2005 Number 22, Additional Gazette Republic of Indonesia Number 4480), As amended by the Government Regulation No. 17 of 2005 (the State Gazette of the Republic of Indonesia in 2005, Number 39, Additional Sheet Of State Republic Of Indonesia Number 4494);

DECIDED:

.,, SET: GOVERNMENT REGULATIONS ON THE SECOND CHANGE TO THE 2005 GOVERNMENT ' S NUMBER 6 GOVERNMENT REGULATIONS ON THE ELECTION, THE ENACTMENT OF THE APPOINTMENT, AND THE DISMISSAL OF THE REGIONAL HEAD AND THE DEPUTY HEAD OF THE AREA.

Section 1
Section 40 paragraph (1) and paragraph (2) of the Government Regulation Number 6 of 2005 on Election, Enactment Of Appointment, and the Pit Stop of the Regional Head and Deputy Chief of Regions (State of the Republic of Indonesia) 2005 Number 22, Additional Gazette Republic of Indonesia No. 4480), as amended by Government Regulation No. 17 of 2005 (Indonesian Republic of Indonesia Year 2005 Number 39, Additional Gazette of the Republic of Indonesia) Number 4494), amended so that Article 40 reads as follows:
.,,
" Section 40
.,, (1) The Regional Chief and/or Deputy Head of the Regions nominated by the Political Party or the Combined Political Party to be the candidate of the Regional Head and/or Deputy Regional Chief must undergo leave outside the country's dependents at the time of implementing the campaign.
., (2) The Regent/Deputy Regent or Mayor/Deputy Mayor nominated by the Political Party or the Combined Political Party to be a candidate for the Governor or the Deputy Governor must undergo a leave of absence outside the country's dependents at the time of the campaign.
.,, (3) The Regional Chief Handshake cannot be the Regional Chief nominee or Deputy Regional Chief.
.,, (4) Members of KPUD and Members of the Supervising Committee nominated by the Political Party or the Combined Political Party to be the candidate of the Regional Head or Deputy Head of the Regions, is obliged to resign from membership of the KPUD and Member of the Supervising Committee since notification of the end of the term of the Regional Head from the DPRD to the KPUD. "

Section II
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 April 18, 2007
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on April 18, 2007
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

HAMID AWALUDIN



ADDITIONAL
STATE SHEET RI

No. 4719 (Explanation Of State Sheet 2007 Number 57)

EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 25, 2007
ABOUT
SECOND CHANGE OVER
GOVERNMENT REGULATION NUMBER 6 IN 2005
ABOUT THE SELECTION, THE ENACTMENT OF THE APPOINTMENT, AND
STATION CHIEF AND DEPUTY CHIEF

I. UMUM

.,, the provisions of Section 40 paragraph (1) and paragraph (2) of the Government Regulation Number 6 of 2005 on Election, Enactment Of Appointment, and the Pit Stop of the Regional Head and Deputy Chief of Regions, as amended by Government Regulation No. 17 The year 2005 needs to be adjusted to the provisions in the 2004 Law No. 32 Act on the Government of Regions (State Gazette Indonesia Year 2004 Number 125, Additional Gazette of the Republic of Indonesia Number 4437), as amended with Law No. 8 Year 2005 on Government Regulation Redemption Successor Act Number 3 Year 2005 on Changes To The Law Number 32 Year 2004 On Local Government Into Act (sheet Of State Of The Republic Of Indonesia In 2005 Number 108, Additional Sheet Of State Of The Republic Of Indonesia Number 4548) in particular Article 59 of the paragraph (5) the letter f, Article 79 of the paragraph (3) letter b, and Article 110 of the verse (3).
., Article 59 paragraph (5) of the letter f Act No. 32 of 2004 states that when registering the prospective spouse of the Head of the Regions, it is required to submit among others a letter of statement of ceillees resigning from his post if elected to Regional Head or Deputy Regional Chief in accordance with the laws.
.,, further in Article 79 paragraph (3) of the letter b states that state officials who are the candidates for Regional Head and Deputy Head of Regions in carrying out the campaign must undergo a leave of absence outside the country's dependents. In addition, Article 110 of the paragraph (3) states the Head of the Regions and the Deputy Head of the Regions holding the office for 5 (five) years from the inauguration and thereafter it may be re-elected in the same office for only one term, whereas the other one is the only one to be elected. Article 40 paragraph (1) of the Government Regulation No. 6 Year 2005 states the Chief of Regions and/or Deputy Chief of Regions to be the candidates for the Head of the Regions and/or the Deputy Head of the Regions in other areas of the mandatory resigning of office since the time of registration. by the Political Party or the Combined Political Party. Then in verse (2) it is stated that the Regent/Deputy Regent or Mayor/Deputy Mayor nominated by the Political Party or the Combined Political Party becomes the candidate for the Governor or the Deputy Governor should resign from his post since registration.
., while with the Supreme Court Decree No. 41 P/HUM/2006 dated November 21, 2006, the provisions of Article 40 paragraph (1) of the Government Regulation Number 6 of 2005 became a beeping: " Regional Head and/or Deputy Chief of the Regions nominated by the Party Politics or the Combined Political Party becomes the candidate of the Regional Head and/or Deputy Head of the Regions, having to resign from the time of registration by the Political Party or the Combined Political Party. "
.,, with the Decree of the Supreme Court above then the provisions of Article 40 paragraph (1) of Government Regulation Number 6 of 2005 still must be adjusted to Article 79 paragraph (3) of the letter b Act No. 32 of 2004. The No. 32 Act of 2004 stated that it had to leave, while the Government Ordinance (after the Supreme Court of Justice) stated that it was mandatory to resign.
., on the way with Law No. 8 of the Year 1974 on the PoyPokok Personnel as amended by Act Number 43 of 1999, Governor/Vice Governor, Regent/Vice Regent, and Mayor/Deputy Mayor are state officials, So that if you become the Regional Head/Deputy Head of the Regions then when carrying out the campaign must run a leave of absence outside the country's dependents.
.,, government regulations are set to run the legislation as it should be so that the Government Regulation Number 6 of the Year 2005 should conform to the Law Number 32 Year 2004 as legislation delegating more settings Go. Since the Government Regulation No. 6 of 2005 needs to be adjusted to Act No. 32 of 2004, it is necessary to establish the Government Regulation on the Second Amendment to Government Regulation No. 6 of 2005 on Election, Unrest. The appointment, and the Pit Stop of the Regional Head and Deputy Head of the Regions.

II. SECTION BY SECTION

Section I
.,, Section 40
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
.,, referred to by the resignation as a Member of the KPUD, is evidenced by a decree of dismissal from the authorized Officer.

Section II
.,, pretty clear.