SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 30, 2003 | (Explanation in Additional Sheet of the Republic of Indonesia No. 4273) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 10 YEAR 2003
ABOUT
ESTABLISHMENT OF SOUTH MINAHASA COUNTY AND TOMOHON CITY
IN NORTH SULAWESI PROVINCE
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that to spur the progress of North Sulawesi Province in general, Minahasa regency in particular, as well as a growing aspiration in society, is seen as necessary to improve governance, service to the community, and the implementation of the development to realize the well-being of
., b. that with regard to the above and the development of economic capabilities, regional potential, cultural social conditions, political social conditions, population, area, and other considerations, is seen as necessary to form Minahasa Regency. South and Tomohon City in North Sulawesi Province;
., c. that the formation of the regency as such in the letter b, will be able to encourage increased service in the areas of governance, development, and society, as well as provide capability in the utilization of the potential of the area;
., d. that under consideration as intended in the letter a, the letter b, and the letter c, need to form the Act on the formation of the South Minahasa Regency and Tomohon City;
.,, Given: 1. Section 5 of the paragraph (1), Section 18, Section 18A, Section 18B, Section 20 and Section 21 of the Constitution of the Republic of Indonesia in 1945;
., 2. Law No. 29 of 1959 on the Establishment of the Second Level II of Sulawesi (State of the Republic of Indonesia in 1959 No. 874, additional leaf of State number 1822);
., 3. Law No. 13 of 1964 on the Decree of Government Regulation Substitute Law No. 2 of 1964 On the Establishment of the South East Sulawesi Region by changing Law No. 47 Prp Year 1960 on the Establishment of the Regions South-Central Sulawesi's Level I and South East Sulawesi's Level I Area (State Sheet of the Republic of Indonesia in 1964 No. 7) became the Act (Gazette of the Republic of Indonesia in 1964 No. 94, Additional Gazette number 2687);
., 4. Law No. 24 Of 1992 On The Arrangement Of The Space (sheet Of State Of The Republic Of Indonesia In 1992 Number 115, Additional State Sheet Number 3501);
. .5. Law No. 3 Year 1999 on Elections (Indonesian Republic Year 1999 Number 23, Additional Gazette Number 3810) as amended by Law No. 4 of the Year 2000 (Indonesian Republic of Indonesia) Year 2000 Number 71, Additional State Sheet Number 3959);
., 6. Law No. 4 of 1999 on Susunan and the Occupation of the People's Consultative Assembly, the House of Representatives, and the Regional People's Representative Council (State of the Republic of Indonesia in 1999 No. 24, Additional Gazette number 3811);
., 7. Law Number 22 Year 1999 On Local Government (sheet Of State Of The Republic Of Indonesia In 1999 Number 60, Extra State Sheet Number 3839);
., 8. Law Number 25 Of 1999 On The Financial Balance Between The Central And Regional Governments (the State Sheet Of The Republic Of Indonesia In 1999 Number 72, Additional Gazette State Number 3848);
With Shared Consent
THE PEOPLE ' S REPRESENTATIVE COUNCIL
REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
.,, SET: LEGISLATION ON THE ESTABLISHMENT OF SOUTH MINAHASA COUNTY AND TOMOHON CITY IN NORTH SULAWESI PROVINCE.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. The area is as referred to in Article 1 of the letter i Act No. 22 of 1999 on the Local Government.
., 2. The province of North Sulawesi is as referred to in the Law Number 13 of 1964 on the Law No. 13 of 1964 on the Decree of Government Regulation Substitute Law No. 2 of 1964 on the Establishment of a Level I Region Southeast Sulawesi by changing the Law No. 47 Prp Year 1960 On the Establishment of the North-Central Sulawesi region and the South-South Sulawesi I Level Area.
., 3. Minahasa Regency is as referred to in Law Number 29 of 1959 on the Establishment of Level II regions in Sulawesi.
BAB II
THE ESTABLISHMENT, THE BOUNDARY OF THE REGION, AND THE CAPITAL
Section 2
With this Act formed South Minahasa Regency and Tomohon City in the Province of North Sulawesi in the Republic of Indonesia Union.
Section 3
South Minahasa Regency is derived from parts of the Minahasa Regency comprising the upper part:
a. The Fulcrum;
B. Tareran District;
C. Tombasian Subdistrict;
D. Tomstone Subdistrict;
e. Ratahan Subdistrict;
f. Belang Subdistrict;
G. Touluaan Subdistrict;
h. Ranoyapo Subdistrict;
i. New Tompaso Subdistrict;
J. Modoinding Subdistrict;
No, Motoling Subdistrict;
I. Sinondarling Subdistrict; and
M. The Tenga Subdistrict.
Section 4
The city of Tomohon comes from a portion of the Minahasa Regency which consists of:
a. North Tomohon District;
B. Central Tomohon Subdistrict; and
C. South Tomohon District.
Section 5
With the formation of South Minahasa Regency and Tomohon as referred to in Article 2, the area of Minahasa Regency is reduced with the South Minahasa Regency region as referred to in Article 3 and the city of Tomohon as referred to in Article 4.
Section 6
(1) South Minahasa Regency has a region boundary:
.,
., a., a. the north borders the District of Tombariri and the District of Sonder Minahasa Regency;
., b. The east is bordered by Sonder Subdistrict, Kawangkoan District, Tompaso Subdistrict, and Langowan District of Minahasa Regency and the Molucca Sea;
.,, c. south of the border with Kotabunan Subdistrict, Modayag District, Passi District, and Poigar District Bolaang Mongondow District; and
D. The west is bordered by the Celebes Sea.
(2) The city of Tomohon has the boundary of the region:
.,
., a., a. north bordering on Pineleng District, Minahasa Regency Tombulu District;
., b. the east is bordered by the District of Tombulu and the District of Tondano West Minahasa Regency;
.,, c. south of the border with the District of Banyoken, the District of Sonder Minahasa Regency; and
D. the west is bordered by the district of Tombariri Minahasa Regency.
., (3) The boundary of the region as referred to in paragraph (1) and verse (2), are described in the map of the administrative region which is an inseparable part of this Act.
.,, (4) The determination of the boundaries of the South Minahasa Regency and Tomohon area is definitively in the field, as referred to in paragraph (1) and verse (2) is set by the Minister of the Interior.
Section 7
.,, (1) With the creation of the County and the City as referred to in Section 2, the Government of Southern Minahasa Regency and the Tomohon City Government, each set the Regional Plan of the Area Tata in accordance with the laws.
.,, (2) The Penetration Plan of the South Minahasa Regency Area and Tomohon City as referred to in paragraph (1), carried out in accordance with the National Area and Provincial Planning Plan as well as paying attention to the Regional Governance Plan District/City around it.
Section 8
The capital of South Minahasa Regency is based in Amurang.
BAB III
REGION AUTHORITY
Section 9
The authority of the South Minahasa Regency and Tomohon city covers the entire authority of the government field, in accordance with the laws.
BAB IV
LOCAL GOVERNMENT
The First Part
The Regional People ' s Representative Council
Section 10
.,, (1) The Regional People's Representative Council of South Minahasa Regency and the Regional People's Representative Council of Tomohon were formed through the results of the 2004 General Election.
., (2) The number and order of charging of membership of the Regional Representative Council of South Minahasa Regency, and the Tomohon City Regional People's Representative Council, as referred to in paragraph (1), in accordance with the laws.
The Second Part
The Local Government
Section 11
To lead the holding of government in South Minahasa Regency and Tomohon was selected and passed by a Regent/Vice Regent and Mayor/Deputy Mayor, in accordance with the laws, at least 6 (six) months after Inauguration of the Members of the People's Representative Council of the General Election Results of 2004.
Section 12
.,, (1) With the formation of South Minahasa Regency and Tomohon city, the Chief Regent of South Minahasa and the Acting Mayor of Tomohon are appointed by the Minister of the Interior on behalf of the President based on the proposal of the Governor of North Sulawesi with a period of time. 1 (1) year.
., (2) The Minister of the Interior on behalf of the President based on the proposal of the Governor of North Sulawesi may raise the office of regent/acting mayor for the next term.
.,, (3) The inauguration of South Minahasa Regency and Tomohon City as well as the appointment of the Acting Regent and Acting Mayor by the Minister of the Interior on behalf of the President of the slowest 2 (two) months after the Act is promultable.
.,, (4) The Minister of the Interior may appoint the Governor of North Sulawesi to appoint the Crown Prince of South Minahasa and the Acting Mayor Tomohon.
.,, (5) the Minister of the Interior and/or the Governor of North Sulawesi conducts coaching, supervision, evaluation, and facilitation of the performance of the acting Regent/Acting Mayor in carrying out government duties, the charging process of the members of the House of Representatives The People of the Regions, as well as the election of the Regent/Vice Regent and the Mayor/Deputy Mayor.
Section 13
For the completion of government devices in South Minahasa Regency and Tomohon City in each district/city set up the Regency/City Secretariat, Secretariat of the People's Representative Council of the District/City, County/City Services and Institutions Technical District/City, in accordance with the laws.
BAB V
THE TRANSITION PROVISION
Section 14
.,, (1) To the agility of the holding of government in South Minahasa Regency and Tomohon City, the Governor of North Sulawesi, and the Regent Minahasa in accordance with the laws of inventorizing, regulating, and carrying out the submission to The government of South Minahasa Regency and Tomohon City Government matters as follows:
.,
., a., a. employee due to her duties is required by the Government of Southern Minahasa Regency and Tomohon City Government;
., b. property/property of land, buildings, mobile goods, and non-mobile goods, controlled, controlled, and/or utilized by the Government of North Sulawesi Province, and Minahasa Regency which is within the regency area. South Minahasa and Tomohon City;
., c. District of Minahasa County-owned Enterprises whose position, activities and locations are in South Minahasa Regency and Tomohon City;
., d. Minahasa Regency debt debt which is useful for South Minahasa Regency and debt receivency for Tomohon City; as well as
., e. documents and archives which are due to its nature are required by the South Minahasa Regency and Tomohon City.
.,, (2) The implementation of the submission, as referred to in paragraph (1), must be completed the slowest in time 1 (one) of the year count since the inauguration of the Regency/City and the appointment of the Acting South Minahasa Regent and the Acting Mayor Tomohon.
.,, (3) In terms of submission of the goods as referred to in paragraph (1) and paragraph (2) is not implemented, the Government of Southern Minahasa Regency and Tomohon City can make a legal effort.
Section 15
.,, (1) The funds required for the agility of the holding of government, the implementation of development, and the service to the community are charged to the Minahasa regency until it is granted the Regional Revenue and Shopping Regional Budget. South Minahasa and Tomohon.
.,, (2) The funds as referred to in paragraph (1) are sourced from a portion of the Regional Original Revenue and the General Alocation Fund of Minahasa Regency, as well as For the Tax Results and Not the Minahasa County Tax received from the Government and the Province.
.,, (3) proportional sharing of funds sourced from the General Alocation Fund as referred to in paragraph (2) is set by Bupati Minahasa at the approval of the Regional People's Representative Council Minahasa Regency on Budget Revenue and Shopping The area of Minahasa Regency.
.,, (4) The Government of North Sulawesi Province allocates the budget through Budget and Regional Shopping of North Sulawesi Province to improve governance and development activities until the Revenue Budget and the South Minahasa Regency Shopping Area and the Tomohon City Regional Shopping and Shopping Budget.
Section 16
.,, (1) Before South Minahasa Regency and Tomohon establish the Regional Regulation and Decision of the Mayor/Decision of the Mayor as the implementation of this Act, all the Regional Regulations and the Decree of the Bupati Minahasa, remain in effect and executed by the Government of Southern Minahasa Regency and Tomohon.
.,, (2) By enacating this Act, all the Regional Regulations and Decision of the Bupati Minahasa must be adjusted to this Act.
BAB VI
CLOSING PROVISIONS
Section 17
At the time of the enactment of this Act, all laws not in accordance with this Act are declared to be not applicable.
Section 18
The further provisions are required as the implementation of this Act, set in accordance with the laws.
Section 19
This law goes into effect on the promulgated date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on February 25, 2003
PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on February 25, 2003
SECRETARY OF STATE
REPUBLIC OF INDONESIA,
BAMBANG KESOWO
ADDITIONAL
STATE SHEET RI
| No. 4273 | (Explanation Of 2003 State Sheet Number 30) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 10 YEAR 2003
ABOUT
ESTABLISHMENT OF SOUTH MINAHASA COUNTY AND TOMOHON CITY
IN THE PROVINCE OF NORTH SULAWESI
I. UMUM
.,, North Sulawesi Province which has an area of 15,272.18 km2 with a population in 2002 totaling 1,964,671 inhabitants has shown progress in the holding of government, implementation of construction, and service to the communities that are in its development need to be improved according to the potential of the area, the area and the need for the future.
.,, in order to increase the establishment of government, the implementation of development, and the civil service in Minahasa regency which has an area of ± 4.167.87 km2 needs to be formed South Minahasa Regency which is composed of 13 Three (thirteen) districts, namely Tumpaan, Tareran District, Tombasian Subdistrict, Tombatu District, Ratahan District, Belang District, Touluaan District, Ranoyapo Subdistrict, Tompaso Baru District, Modoinding District, Motoling Subdistrict, The district of Sinonhon, and the district of Tenga, with the area of the land ± 2.120.80 km2.
.,, in order to increase the governance, implementation of development, and the penitentiary ministry need to be formed by the City of Tomohon which consists of 3 (three) districts, namely Tomohon North, Tomohon District, and Subdistrict. The Southern Tomohon with an area of total ± 114.20 km2.
., with the vast area, distribution and growth of population as well as the dynamics of community life, so until now the implementation of development and service to the community has not been fully affordable. Such conditions need to be overcome by shortening the rule of government through the formation of new autonomous regions. This is in line with national policy in order to accelerate the development of the East Region of Indonesia, especially in the North Sulawesi province.
., based on the above and regard to the aspirations of the evolving society and subsequently poured in the Decree of the People's Representative Council of Minahasa Regency Number 19 of 2001 dated 28 September 2001 on Approval Principles of the People's Representative Council of the District of Minahasa Regency in Rangka Establishment of South Minahasa Regency, Decision of the People's Representative Council of Minahasa Regency No. 23 Year 2001 on 5 December 2001 on the Approval Principle Councils The People's Representative Of The District Of Minahasa Regency In Rangka Establishment Of The City Of Tomohon and the Decree of the People's Representative Council of the Province of North Sulawesi Province No. 6 of 2002 dated 23 July 2002 on the Support Agreement for the Establishment of South Minahasa Regency and Tomohon.
.,, with the formation of South Minahasa Regency and Tomohon as an autonomous region, the Government of North Sulawesi Province, the Government of Minahasa Regency is obliged to assist and facilitate the institutional creation of the Regional People's Representative Council. an efficient and effective area device in accordance with the needs and capabilities, arrangement and completion of area assets performed with a deliberation approach in the spirit of mutual assistance for the welfare interests of the Minahasa Regency people, South Minahasa Regency and Tomohon city.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
Section 3
.,, pretty clear.
Section 4
.,, pretty clear.
Section 5
.,, pretty clear.
Section 6
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
.,, the Map as referred to in this paragraph is a map of the South Minahasa Regency region and Tomohon City in the form of this Act of Act.
Verse (4)
.,, the determination of the boundaries of the South Minahasa Regency and Tomohon area is definitively in the field, set by the Minister of the Interior to be poured in the Decree of the Minister of the Interior which is attached to the boundary map of the regions of South Minahasa Regency and the City Tomohon is based on the measurement results in the field equipped with boundary coordinate points.
Article 7
.,, Verse (1)
., clear enough.
Verse (2)
.,, in the course of the development of South Minahasa Regency and Tomohon City in accordance with regional potential, in particular for planning and holding of government, the implementation of future development, as well as the development of the means and Government and development infrastructure, there is a task force for development planning. For that, the South Minahasa Regency Area and Tomohon City Area Space Plan must be completely sericable and integrated its inclusion in a single unit of the National Area, Province, County/City Plan system around it.
Article 8
.,, referred to Amurang as the capital of South Minahasa Regency is in Tombasian Subdistrict.
Article 9
.,, pretty clear.
Article 10
.,, pretty clear.
Article 11
.,, pretty clear.
Article 12
.,, Verse (1)
.,, the Chief Regent of South Minahasa and Acting Mayor Tomohon was proposed by the Governor of North Sulawesi to the Minister of Home Affairs with regard to the consideration of the Bupati Minahasa, of civil servants who have the ability and experience In the field of government and meeting the terms of the rank of rank.
Acting Regent/Acting Mayor may be dismissed by the Minister of the Interior based on the results of coaching, supervision and evaluation in accordance with the laws.
Verse (2)
.,, for the next term of the Regent/Acting Mayor may be reappointed or replaced by another PenActing.
Verse (3)
.,, the inauguration of the county/city and the appointment of the Regent/Mayor's Acting Mayor can be done simultaneously and the place of execution can be in the capital city, or provincial capital, or the county capital.
Verse (4)
., clear enough.
Verse (5)
., clear enough.
Article 13
.,, the Establishment of the Regency/City service and the technical institution of the Regency/City must be tailored to the needs and capabilities of the District/City.
The governments of South Minahasa Regency and Tomohon provide the support of providing land for the construction of vertical instance facilities in the areas of law enforcement and religion in accordance with the regional capabilities.
Section 14
.,, Verse (1)
., to achieve the purpose and outcome of governance, development, and service to the public, used by employees, land, office buildings and their services, as well as the public service facilities that have been present. during this time in the execution of tasks in the subdistricts of the South Minahasa Regency and Tomohon city.
In order of order of administration, legal action is required in order of submission from the Government of North Sulawesi Province and the Government of Minahasa Regency to the Government of Southern Minahasa Regency and Tomohon City Government.
In terms of the business entity belonging to the area whose operations/activities include Minahasa Regency and South Minahasa Regency as well as the Tomohon City Government, the local government is concerned to do the same work.
In order to be inventoried and a submission was facilitated by the Minister of the Interior.
Verse (2)
., clear enough.
Verse (3)
., the legal effort is the last attempt after a deliberation attempt.
Article 15
.,, Verse (1)
.,, the term support for the Government of Minahasa Regency is 3 (three) years old, while the magnitude of financing support is based on a deal between Minahasa Regency with South Minahasa Regency and Tomohon City.
Verse (2)
., clear enough.
Verse (3)
.,, the division is proportionally in accordance with the laws. If in proportional division has not reached an agreement between the Minahasa Regency and the South Minahasa Regency and Tomohon City, then the Provincial Government and/or the Government facilitate its resolution.
Verse (4)
., clear enough.
Section 16
.,, pretty clear.
Section 17
.,, pretty clear.
Article 18
.,, pretty clear.
Section 19
.,, pretty clear.
APPENDIX (map) ...
