Act No. 26 Of 2004

Original Language Title: Undang-Undang Nomor 26 Tahun 2004

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ee0f298c0848e313231373139.html

ACT 26-2004 Text copy _?.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 105, 2004PEMERINTAH. Local Governance. The province. The Establishment Of The Province. West Sulawesi. DPRD. A GRANT. (Additional explanation in the State Gazette of the Republic of Indonesia Number 4422)
Law of the Republic of INDONESIA number 26 of 2004 CONCERNING the FORMATION of the PROVINCE of WEST SULAWESI With the grace of God Almighty the President of the Republic of Indonesia,.,, Considering: a. that in order to realize the aspirations of the community that developed in Mamuju Regency North Mamuju Regency, Regency Polewali Mamasa Regency, Makassar, and Regency Mamasa to increase-kan welfare and community service in the areas of governance, development and societal, South Sulawesi province needs to be expanded as a result;
., ,b.  that with respect to the aforesaid things and pay attention to the ability of the economy, the potential of the regions, the social conditions of the cultural, social and political conditions, population, area, and other considerations in Mamuju Regency North Mamuju Regency, Regency Polewali Mamasa Regency, Makassar, and Regency Mamasa, then needs to be formed the province of West Sulawesi;
., ,c.  that the establishment of the province of West Sulawesi can push reel-other services in the areas of governance, development, and kemasya-rakatan, as well as provides opportunities in utilizing and developing the potential of the region to organize the existence of autonomous region;
., ,d.  that based on considerations as referred to in letter a, letter b, letter c, and need to established law on the formation of the province of West Sulawesi;
.,, 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. 22 of 1999 on local governance (State Gazette of the Republic of Indonesia year 1999 Number 60, State Gazette Supplementary Number 3839);
., ,3.  Act No. 25 of 1999 regarding Financial Equalization Between the Central Government and the regions (State Gazette of the Republic of Indonesia year 1999 Number 72, State Gazette Supplementary Number 3857);
., ,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 Indo-cahya 2003 Number 37, Supplement Sheet country number 4277);
., ,5.  Act No. 22 of 2003 about the arrangement and position of the people's Consultative Assembly, the House of representatives, the regional representative Council, and the regional House of representatives (State Gazette of the Republic of Indonesia Number 92 in 2003, an additional State Gazette Number 4310);
., ,6.  Act No. 3 of 2004 concerning the examination of basic lolaan and financial responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional State Gazette Number 4400);
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 PROVINCE of WEST SULAWESI.
CHAPTER I GENERAL PROVISIONS article 1 In this law is the:.,, 1. Area is referred to in article 1 subparagraph i of Act No. 22 of 1999 on local governance.
., ,2.  The administration area is the work area of the Governor as stipulated in article 1 j Act No. 22 of 1999 on local governance.
., ,3.  South Sulawesi province was referred to in Act No. 13 of 1964 about government regulation Substitute Act No. 2 of 1964 on the establishment of the area of level I Central Sulawesi and Southeast Sulawesi level I by changing the Act No. 47 Prp. In 1960 about the formation of the regional level I North Sulawesi and South Sulawesi level I Regional-Southeast (State Gazette of the Republic of Indonesia number 7 1964) became law.
., ,4.  Regency Polewali Mamasa Regency, Makassar and Mamuju Regency is the autonomous region as mentioned in Act No. 29 of 1959 concerning the establishment of level II areas in Sulawesi.
., ,5.  Mamasa Regency is the autonomous region as mentioned in Act No. 11 of 2002 on the establishment of a Regency and Mamasa Palopo in South Sulawesi province.
., ,6.  North Mamuju Regency is the autonomous region as mentioned in Act No. 7 of 2003 concerning the establishment of a Regency East Luwu and North Mamuju Regency in South Sulawesi province.
CHAPTER II establishment, TERRITORIAL BOUNDARIES, and the CAPITAL Chapter 2 With this law formed West Sulawesi province within the Republic of Indonesia Unity State.

Article 3 West Sulawesi province came from parts of South Sulawesi province comprising:.,, a. North Mamuju Regency;

b. Mamuju Regency;

c. Regency Mamasa;

Polewali Mamasa Regency, d.; and e.  Makassar District.
Article 4 with the formation of West Sulawesi province, as stipulated in article 2, the area of South Sulawesi province reduced the territory of West Sulawesi province as referred to in article 3.

Article 5, (1) West Sulawesi province has borders:.,, a. North bordering the Donggala Central Sulawesi province;
., ,b.  the East borders the Donggala Regency, Central Sulawesi province, North Luwu, Tana Toraja Regency Pinrang Regency, South Sulawesi province;
., ,c.  South of Pinrang district of South Sulawesi province and Gulf Rail; and, d.  to the West it borders the Makassar Strait and the Regency of East Kalimantan province Sand.
.,, (2) the limits referred to in subsection (1), which is described in the map of the administration area is part an integral part of this Act.
.,, (3) the determination of the boundaries of the province of West Sulawesi as referred to in subsection (1) is definitely in the field, established by the Minister of the Interior.
Section 6.,, (1) with the formation of West Sulawesi province, whose territory as any referred to in article 3, the Government of West Sulawesi province plan compulsory Spatial region of West Sulawesi province in accordance with regulations.
.,, (2) the determination of the Spatial region of West Sulawesi province referred to in subsection (1), conducted in an integrated and not separated from the National system of Spatial Region, province, and City/County.
Chapter 7 provincial capital of Mamuju, West Sulawesi was in.

CHAPTER III article 8 REGIONAL AUTHORITY with the formation of West Sulawesi province, as its autonomous region covering the areas of Government that are cross-county and city, as well as the authority in certain other areas of Government, except for the field of foreign policy, defense, security, yustisi, national fiscal and monetary, religious, as well as other areas of authority, in accordance with the legislation.

CHAPTER IV REGIONAL COACHING article 9.,, (1) the Government is conducting a coaching over the organizing functions of Governments hold the West Sulawesi province in accordance with regulations.
.,, (2) the Government together with the provincial Government of South Sulawesi, facilitating in particular against West Sulawesi province at least 3 (three) years and not more than 5 (five) years.
.,, (3) in performing the construction referred to in subsection (1), the Government is conducting an evaluation of the conduct of the Government of the province of West Sulawesi as further construction materials in accordance with the legislation.
CHAPTER v. LOCAL GOVERNANCE the first part of the regional House of representatives article 10.,, (1) Charging the membership of representatives of West Sulawesi Provinces for the first time defined based on the results of the general election in 2004.
.,, (2) the amount and charging procedures for membership of the House of representatives of the regional province of West Sulawesi, as referred to in paragraph (1), established in accordance with the legislation.
The second part of the local government article 11 to lead the operations of the Government of the province of West Sulawesi was selected and authorized a Governor and Deputy Governor of West Sulawesi in accordance with legislation.

Article 12.,, (1) with the formation of West Sulawesi province, Acting Governor of the West Sulawesi was appointed by the President upon the proposal of the Minister of the Interior civil servant with the longest term of 1 (one) year.
.,, (2) the civil servant referred to in subsection (1) is that which has the ability and experience of the Office in the field of governance as well as eligible to occupy the Office.
.,, (3) if within 1 (one) year as referred to in paragraph (1) has not been elected and not appointed by the Governor, the President can appoint a definitive return to the Acting Governor for 1 (one) next term of not longer than 1 (one) year or replace it with another office-holder.
.,, (4) the inauguration of the province of West Sulawesi and the appointment of the Acting Governor is done by the Home Secretary on behalf of the President.
.,, (5) the Minister of Internal Affairs conducts coaching and monitoring performance against the Acting Governor in carrying out its duties in accordance with the legislation.
Article 13.,, (1) and the province of West Sulawesi and West Sulawesi Governor appointed over Acting shaped device area which includes Regional Service areas, the Secretariat and the technical Institutions of the region, and other areas of the device elements taking into account the needs and capabilities of the finance area in accordance with legislation.
.,, (2) the Government of the province of West Sulawesi facilitates the formation of vertical institutions.
CHAPTER VI TRANSITIONAL PROVISIONS Article 14

.,, (1) Governor of South Sulawesi, in accordance with the legislation and regulating the implementation of the inventory submission to the Government of West Sulawesi province following things:.,, a. employees because the task required by the Government of the Province of West Sulawesi;
., ,b.  property/wealth of the area in the form of chattels and immovable goods owned/controlled, and or utilized by the provincial Government of South Sulawesi residing in the territory of the province of West Sulawesi;
., ,c.  Business entity belonging to the area of South Sulawesi province that position, activities, and its location in the province of West Sulawesi;
., ,d.  debts of South Sulawesi province which is its usefulness for the province of West Sulawesi; as well as, e.  documents and archives which because of its nature required by the province of West Sulawesi.
.,, (2) implementation of the submission, as referred to in paragraph (1), facilitated by the Government and completed within 1 (one) years counted since the inauguration of the Acting Governor of West Sulawesi.
.,, (3) in terms of the implementation of the submission referred to in subsection (1) and paragraph (2) experiencing barriers, facilitated by the Minister of the Interior.
Section 3.,, (1) West Sulawesi province is authorized to collect taxes and regional levies since the formation of the regional province of West Sulawesi device in accordance with the legislation.
.,, (2) West Sulawesi province are entitled to Equalization Fund allocation in accordance with the legislation.
.,, (3) before the formation of the regional people's representative Council, the Acting Governor of the West Sulawesi Governor rules of drafting of the budget revenues and Shopping areas to further submitted to the Minister of the Interior in order to get an endorsement.
.,, (4) the budget of income and Expenditure Area can be implemented after the draft regulations of the West Sulawesi Governor as referred to in paragraph (3) to get the endorsement.
.,, (5) Acting Governor of the West Sulawesi implementing administering the financial area and delivered a report on the implementation of Budget revenue and Expenditure quarterly Area to the Minister of the Interior.
.,, (6) Acting Governor of West Sulawesi, West Sulawesi Governor Rules set about implementing the accountability report of the budget revenues and shopping districts as the basis of regional finance case after obtaining the endorsement of Minister of the Interior.
., (7), South Sulawesi province is obligated to provide relief funds to the province of West Sulawesi during the 2 (two) years in a row since the promulgation of this law at least Rp RP 8.000.000.000 (eight billion dollars) budget every year.
.,, (8) the Government of the Province of South Sulawesi, at least two (2) consecutive years counted since promulgation of the Act is obliged to allocate funds in the budget of income and Expenditure areas for government activities and community service in the area of the province of West Sulawesi totaling at least equal to the allocation of funds prior to extraction.
.,, (9) give government sanction in the form of delays in the distribution of the grant funds to cash balances area of South Sulawesi province in South Sulawesi provincial Government did not implement the provisions of paragraph (7) and (8).
Article 16 for a smooth conduct of the task of governance, development, and construction of the community, the Government provides assistance funding as a result of the formation of West Sulawesi province over the past two years in a row as of promulgation of this Act.

Article 17.,, (1) before the West Sulawesi province stipulate local regulations as the implementation of this Act, all local regulations and the decision of the Governor of South Sulawesi, remain in force and be implemented in the province of West Sulawesi.
.,, (2) All local regulations and the decision of the Governor of South Sulawesi in West Sulawesi province should be adapted to this Act.
CHAPTER VII PROVISIONS COVER Article 18 at the time of the enactment of this Act, all the provisions in the regulations relating to the province of West Sulawesi in-customize with this legislation.

Article 19 further Provisions are needed as the implementation of this law are regulated in accordance with the legislation.

Article 20 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 October 5, 2004, the President of the Republic of Indonesia, Megawati Sukarnoputri Enacted in Jakarta on October 5, 2004 the Secretary of State of the Republic of Indonesia, Bambang Kesowo