Presidential Decree Number 105 In 2004

Original Language Title: Keputusan Presiden Nomor 105 Tahun 2004

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Presidential Decree No. 105-2004 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 143, 2004 DECISION of the PRESIDENT of the REPUBLIC of INDONESIA NUMBER 105 in 2004 ABOUT the ARCHIVES MANAGEMENT of the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the archives as evidence of performance that record the activity of organization of Government needs to be maintained properly;
.,, b. that with respect to the foregoing, and in order to be more successful and to Sepik, viewed the need to regulate the management of archives in one unified system of archives, with Presidential Decree;
.,, Considering: 1. Article 4 paragraph (1) of the Constitution of 1945;
., ,2. Act No. 7 of 1971 on the staple provisions of archives (1971 State Gazette Number Sheet 32, additional State number 2964);
., ,3. Act No. 8 of 1997 about the corporate documents (State Gazette number 18 in 1997, additional State Gazette Number 3674);
., ,4. Government Regulation Number 34 in 1979 about the shrinking archive (State Gazette Number 51 of 1979, an additional State Gazette Number 5008);
., ,5. Government Regulation Number 87 of 1999 regarding the procedures for submission and Document Destruction companies (State Gazette Number 194 in 1999, an additional Sheet country number 3512);
Decide: define: PRESIDENTIAL DECREE on MANAGEMENT of ARCHIVES.

CHAPTER I GENERAL PROVISIONS article 1 In this presidential decree is: 1. The archive is:.,,.,, a. texts are made and accepted by the Lembagalembaga State and its governing bodies in the form of marks of any good in a single State or group, in the framework of the implementation of the activities of the Government;
.,, b. texts are made and accepted by the private agencies and/or individuals, in the form of marks of any kind, either in a single State or a group within the framework of the implementation of the national life.
., ,2. Static archive is the archive that cannot be used directly for planning, the Organization of national life in General as well as for the daily administration of the State.
., ,3. Static archive management is a set of activities of collection, storage, treatment, rescue, fostering the implementation and use of the transfers archives in one unified system of archives.
., ,4. The national archives of the Republic of Indonesia is the Central Government agency responsible for Government Affairs in the field of archives in accordance with the provisions of the applicable legislation.
., ,5. The Provincial Archives Agency is a unit of organization of the Provincial Regions of the device was responsible for the Affairs of the Provincial Government in the field of archives in accordance with the provisions of the applicable legislation.
., ,6. Archival institutions Kabupaten/Kota is a unit of organization of regional district/city device responsible for the Affairs of the district/city government in the field of archives in accordance with the provisions of the applicable legislation.
CHAPTER II MANAGEMENT of the ARCHIVES of General first part of article 2 (1) the management of the archives is exercised by the institutions of the Archives.

(2) Archival Institution referred to in subsection (1) consists of:.,, a. National Archives of the Republic of Indonesia;

b. the provincial Archival Institutions;

c. Archival Institutions Kabupaten/Kota.
Article 3 the management of archives include: a. the collection;

b. storage;

c. treatment;

d. rescues;

e. use;

f. coaching over the execution of a static archive of the transfers.

Chapter 4 management of archives is exercised by and the responsibility of the national archives of the Republic of Indonesia, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota.

Article 5, (1) in the framework of the management of the archives, the national archives of the Republic of Indonesia, the provincial Archival Institutions and/or district/city Archival Institutions can work closely with the agency or institution and/or foreign government agencies.
.,, (2) the cooperation referred to in subsection (1) does not include the management in terms of coaching over the execution of a static archive of the transfers referred to in article 3 of the letter f.
.,, (3) the provisions concerning the procedures for cooperation in the management of archives referred to in subsection (1) are governed further by the head of the national archives of the Republic of Indonesia.
Article 6 archives Management by the national archives of the Republic of Indonesia, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota were implemented against:.,, a. archival texts in the form of the pattern of any good in a single State or group which submitted by the institutions of the State Gazette and Government agencies as well as Centre area as well the obligation transfers archives referred to in the Statute of undangNomor 7 in 1971 about the staple provisions of archives;
.,, b. archival texts in the form of marks of any kind, either in a single State or group which created and accepted the private agencies and/or individuals that must be secured within the framework of the implementation of the Government's national life in accordance with the provisions of the applicable legislation.
The second part of the collection of archival Collecting article 7 by the national archives of the Republic of Indonesia, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota is implemented through: a. the assessment;

b. Setup;

c. making the list archives.

Article 8.,, (1) the head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership district/city do assessment of archives that are submitted from the institutions of the State and Government agencies as well as Centre area and/or obtained from private agencies and/or individuals.
.,, (2) the assessment referred to in subsection (1) done to the completeness and integrity of the physical condition and value of the information from the archives for evidence of national accountability.
Article 9 in the event that the results of the assessment referred to in article 8 a static archive shows a complete and intact his physical condition as well as having the value of information for proof of national accountability, head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, Archival Institutions and/or district/city receive a static archive.

Section 10.,, (1) in terms of the results of the assessment referred to in article 8 indicates a static archive is incomplete and/or damaged his physical condition but has a value of information for proof of national accountability, head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership Kabupaten/Kota:.,,.,, a. asks State institutions and agencies of Government of both the Center as well as the region, private agencies and/or individuals to complete a static archive;
.,, b. receive archives with treatment efforts against the physical condition of archives that have been damaged.
.,, (2) in the event that the results of the assessment referred to in article 8 show the Archives does not have the value information for proof of national accountability, head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership Kabupaten/Kota restore archives to the State institutions and agencies of Government of both the Center as well as the area that yielded the archives and may give recommendations to be destroyed.
.,, (3) the criteria which have archival value information for national accountability established by the head of the national archives of the Republic of Indonesia with ketentuanperaturan legislation.
Section 11.,, (1) against a static archive received as referred to in article 9 and article 10 paragraph (1), the head of the national archives of the Republic of Indonesia, Chairman of the institution Archives Archival Institution and the head of the provincial district/municipality makes News Archives the handover Event.
.,, (2) the provisions concerning the procedures for making News Archive Static Handover Event referred to in subsection (1), arranged by the head of further national archives of the Republic of Indonesia.
Article 12.,, (1) against a static archive received, the Setup is done by grouping archives based on the information that they contain and the form or media archives, that its implementation be done with certain techniques and procedures to facilitate rescue, maintenance, storage, and use of archives.
.,, (2) the provisions of the Ordinance regarding archival arrangement referred to in subsection (1) are governed further by the head of the national archives of the Republic of Indonesia.
Article 13.,, (1) archival earned, logged and recorded by means of a specific technique and the list archives the national archives of the Republic of Indonesia by, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota.
.,, (2) Ordinances on logging and archival record-keeping in the form of a static archive of the list referred to in subsection (1), arranged by the head of further national archives of the Republic of Indonesia.
The third section of the Storage Chapter 14.,, (1) Archival Storage by the national archives of the Republic of Indonesia, Archival Institutions, Provincial and/or Archival Institution district/city held on special archival storage place.
.,, (2) Archival Storage as referred to in paragraph (1) was carried out in accordance with the requirements of the Ordinance and the places of storage technical archives.
.,, (3) the provisions concerning the terms of the Ordinance and the places of storage technical archives referred to in subsection (2), arranged by the head of further national archives of the Republic of Indonesia.
The fourth part of article 15. Care, Treatment, (1) archives the national archives of the Republic of Indonesia by, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota were implemented through the activities of prevention and restoration against the occurrence of the damage.

.,, (2) archival Treatment through preventive activities referred to in subsection (1) is directed against the physical conditions and the information contained in the archives.
.,, (3) archival Care through restoration activities as referred to in subsection (1) is directed against the physical condition of archives that have been damaged.
Article 16 preventive Activities referred to in Article 15 paragraph (2) was conducted by: a. selecting and clearing a static archive physical condition;

b. documenting the information contained in the archives;

c. sterilizing of the destroyer archive;., d., restored the old static archives, which damaged his physical condition, which is carried out in accordance with the provisions concerning archival restoration activities;
.,, e. save archives, that its implementation is carried out in accordance with the provisions on archival storage;
., f., control the storage and archival physical condition at regular intervals; g. other activities as needed.

Article 17.,, (1) restoration of the Activities referred to in Article 15 paragraph (3) is done by:.,, a. noted damage to physical condition that occurs in a static archive;.,, b. determine the methods and the physical condition repairs action series archives are damaged;
.,, c. carry out corrective actions the physical condition of archives in accordance with the method and a series of corrective actions referred to in the letter b.
.,, (2) the implementation of restoration activities referred to in subsection (1) is done with regard for the integrity of the information contained in the archives.
Article 18 provisions on procedures for archive static treatment as stipulated in article 15, article 16, and article 17, is set more by the head of the national archives of the Republic of Indonesia.

Part five Rescue Rescue archival article 19 by the national archives of the Republic Indonesia, Archival Institutions, Provincial and/or any Archival Institution district/city held against the completeness and integrity of the physical conditions as well as the information contained in the archives.

Article 20.,, (1) for the purposes of rescue static archives, the national archives of the Republic of Indonesia, Archival Institutions, Provincial and/or Archival Institution district/municipality can create duplicate archives and/or static archive mengalihbentukan into other forms of media.
.,, (2) implementation of the provisions referred to in subsection (1) done having regard to the provisions of the applicable legislation.
Article 21 the head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership Kabupaten/Kota to notify in writing to the Lembagalembaga countries, governing bodies, both the Center as well as the region, private agencies, and/or individual creator or recipient Archives Archives statisnya created duplicate and/or dialihbentukan into other media.

Section 22 of the Ordinance provisions on rescue archives referred to in article 19 and of the notice referred to in Article 21, set more by the head of the national archives of the Republic of Indonesia.

The sixth use of Pasal 23.,, (1) static Archive maintained by the national archives of the Republic of Indonesia, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota were used for the benefit of government activities, research, education, development of science and technology, as well as the dissemination of information.
.,, (2) use of the archives referred to in subsection (1) is carried out by remaining attentive to the safety and integrity of archives and the provisions and regulations in force.
Pasal 24.,, (1) the use of a static archive can be done inside and/or outside the environment of the Republic of Indonesia's National Archive, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota.
.,, (2) use of archival is done outside the environment of the Republic of Indonesia's National Archive, Archival Institutions, Provincial and/or Archival Institution district/municipality can only be done on the basis of written authorization from the head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership Kabupaten/Kota.
.,, (3) to obtain the permission referred to in subsection (2), which concerned conveys a plea in writing. (4) answer to the applicant referred to in subsection (3) may be:.,, a. granting permission to use archival;

b. the refusal of permission to use a static archive.
.,, (5) in the case of static archives denied permission to use as mentioned in paragraph (4) letter b, head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership Kabupaten/Kota gives the reason for denial.
.,, (6) the provisions concerning the procedures for licensing the use of archival is done outside the environment of the Republic of Indonesia's National Archive, Archival Institutions, Provincial and/or Archival Institution Kabupaten/Kota referred to in subsection (2), arranged by the head of further national archives of the Republic of Indonesia.
Article 25.,, (1) the head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership district/city can stop use of archival activities when in practice is incompatible with the use of a static archive as referred to in article 23.
.,, (2) the provisions concerning the procedures for termination of use of the archives referred to in subsection (1) are governed further by the head of the national archives of the Republic of Indonesia.
Article 26.,, (1) Archival records for its secrets to be known generally, can be used only after obtaining written permission from the head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership Kabupaten/Kota.
.,, (2) to obtain the permission referred to in subsection (1), which concerned conveys a plea in writing. (3) a reply to an applicant referred to in subsection (2) may be:.,, a. granting permission to use archival;

b. the refusal of permission to use a static archive.
.,, (4) in the event that permission to use archival rejected as mentioned in paragraph (1) letter b, head of the national archives of the Republic of Indonesia, the leadership of the Provincial Archival Institutions, and/or the Archival Institution Leadership Kabupaten/Kota gives the reason for denial.
.,, (5) the provisions on archive records are confidential and the granting of permits its use as mentioned in paragraph (1), subsection (2), subsection (3), and subsection (4), arranged by the head of further national archives of the Republic of Indonesia.
Article 27.,, (1) in the framework of awarding service use of the archives, the National Archives Information Network was formed.
.,, (2) the implementation of the establishment of a national Archival network information referred to in subsection (1) is carried out in accordance with the provisions on the National Archives Information Network which is set out in the decision of the President.
The seventh part of coaching Over the execution of the transfers Archives Article 28 within the framework of the implementation of the obligations of a static archive of the transfers by the institutions and Government agencies as well as Centre Area either as stipulated in Act No. 7 of 1971 regarding the provisions subject matter Section, carried out the construction of the implementation static archive of the transfers.

Article 29 Coaching over the execution of the transfers archives archives are intended to be handed over to the national archives of the Republic of Indonesia, Archival Institutions, Provincial and/or Archival Institution district/city has the completeness and integrity of his physical condition as well as the value of information for national accountability.

Article 30 (1) Coaching the implementation static archive of the transfers carried out by:.,,.,, a. National Archives of the Republic of Indonesia against the institution or working unit responsible for the management of archives in the environment of the State institutions and the agencies of the Central Government;
.,, b. Provincial Archival Institutions against the institution or working unit responsible for the management of archives in the environment of the State institutions and agencies as well as Provincial Government agencies of the Central Government in the province;
.,, c. Archival Institution district/city against the institution or working unit responsible for the management of archives in the environment of the State institutions and governing bodies of the regional district/municipality as well as the agencies of the Central Government and provinces in Kabupaten/Kota.
.,, (2) in carrying out the construction of Archival Institutions, Provincial Archival Institutions and Kabupaten/Kota are bound to the construction of the implementation of the transfers archives established by the head of the national archives of the Republic of Indonesia and observing the provisions of the applicable legislation.
Article 31 Coaching over the execution of the transfers archives covering the areas of: a. the archives, either in the form of the manuscript or other form;

b. human resources section;

c. infrastructure archives.

Article 32 of the construction the implementation static archive of the transfers executed through: a. the guidance;

b. consultation;

c. outreach;

d. supervision and monitoring;

e. education and training;

f. other activities in the framework of coaching.

CHAPTER III NATIONAL ARCHIVES INFORMATION NETWORK Article 33 in order to improve the realization of archives management is good, formed the National Archives Information Network which is a network system of information and archival information service means nationally.

Article 34 National Archival Information Network functions:.,, a. facilitate search and archival searches in all regions of the country the Republic of Indonesia Unity; b. increase the use of archival services granting;

c. improving the dissemination and understanding of knowledge in the field of archives.

Article 35 (1) of the National Archives Information Network consists of:., Network Center, a.;

b. members of the network.

.,, (2) the center of the Network as referred to in paragraph (1) letter a is the national archives of the Republic of Indonesia. (3) the members of the network as referred to in paragraph (1) letter b is:.,, a. Provincial Archival Institutions;

b. Institution Archival Kabupaten/Kota.
Article 36 Provincial Archival Institutions acting as Network Center in the province with members of the network of Archival Institutions Kabupaten/Kota.

Article 37.,, (1) in the National Archives Information Network contains information for each script archive static information about at least:.,, a. the name of the creator and/or recipient archives;

b. place and time of creation and/or acceptance of archives;

c. form or media archives;

d. a brief description of the information contained in the archives;

e. physical place institutions and archives are stored;

f. other matters as needed.
.,, (2) the information contained in the National Archives Information Network for confidential archives established by the head of the national archives of the Republic of Indonesia.
Article 38, (1) in the framework of the implementation of the National Archival Information Network functions as stipulated in article 34, a member of the network hosts:.,,.,, a. preparation of information for each script archive static as stipulated in article 37 in the list archives in accordance with the guidelines set out by the head of the national archives of the Republic of Indonesia; b. submission of list of archives to the center of the network;

c. National Archives Information network management in the environment;

d. provision and dissemination of information archival;., e., evaluation at regular intervals against the National Archives Information network management and deliver the hasilhasilnya to the center of the network.
.,, (2) the submission of a list of the archives to the center of the Network as referred to in paragraph (1) letter b by Archival Institutions Kabupaten/Kota were implemented through the Provincial Archives.
Article 39.,, (1) the national archives of the Republic of Indonesia as the Centre of the network have a job doing construction, development, monitoring, and service the National Archives Information Network System.
.,, (2) implementation of the provisions referred to in subsection (1) are governed further by the head of the national archives of the Republic of Indonesia.
Article 40 Any costs which are necessary for the implementation of the National Archival Information Network charged to the budget of each Member of the network.

Article 41.,, (1) in addition to the Archival Institution Archival Institutions provincial and Kabupaten/Kota, the creators of the archive can be members of the network.
.,, (2) the provisions concerning the requirements and procedures for becoming a member of the network for the archive Creator Institution referred to in subsection (1), arranged by the head of further national archives of the Republic of Indonesia.
CHAPTER IV CLOSING PROVISIONS Article 42 this presidential decree took effect on the date of promulgation.

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

.,, Set in Jakarta on October 18, 2004 the PRESIDENT of the Republic of INDONESIA, MEGAWATI SUKARNOPUTRI Enacted in Jakarta on October 18, 2004 the SECRETARY of STATE of the REPUBLIC of INDONESIA, BAMBANG KESOWO