Law Number 15 Year 2014

Original Language Title: Undang-Undang Nomor 15 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e47c647bc6ccd4b7c8313635323534.html

LN172 -2014 _ 5562_uu015 .doc-2014 STATE GAZETTE of REPUBLIC of INDONESIA No. 172, 2014 LOCAL GOVERNANCE. Region. The establishment. Counties. The Middle Buton. The Province Of South East Sulawesi. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5562) Law of the Republic of INDONESIA number 15 by 2014 ABOUT FORMATION of the MIDDLE BUTON REGENCY in the PROVINCE of SOUTH EAST SULAWESI with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that to promote the development and progress of the province of South East Sulawesi Regency of Buton in General and in particular, as well as the existence of a growing aspirations in society, viewed needs to improve governance, development and organization of the public service in order to accelerate the realization of the welfare of the community; b. that having regard to the ability of the economy, the potential of regions, socio-cultural, political, population, area, financial capability, the level of well-being of the community, the Organization of the control range of the Government, and the increasing burden of duties and the volume of work in the areas of governance, development, and community in the County, Buton Regency Buton formation needs to be done in the middle of the province of South East Sulawesi; 2014 www.djpp.kemenkumham.go.id, no. 172 2 c. that the establishment of the Middle Buton Regency can 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 Middle Buton Regency in the province of South East Sulawesi; Remember: 1. Article 18, article 18A, 18B Article, article 20, article 21, and Chapter 22D of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 29 of 1959 concerning the establishment of level II areas in Sulawesi (Indonesia Republic Gazette 1959 Number 74, an additional Sheet of the Republic of Indonesia Number 1822); 3. Act No. 13 of 1964 concerning the determination of the Replacement Government Regulations 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 of 1960 Prp Area level I North Sulawesi and South Sulawesi level I Regional-Southeast (State Gazette of the Republic of Indonesia number 7 1964) became law (Gazette of the Republic of Indonesia Number 94 in 1964 Additional Sheets, the Republic of Indonesia Number 2630); 4. 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 last amended by law No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 5. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and www.djpp.kemenkumham.go.id 2014, no. 172 3 local governance (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 6. Act No. 27 of 2009 about 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 123 in 2009, an additional Sheet of the Republic of Indonesia Number 5043); 7. Act No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 82 in 2011, an additional Sheet of the Republic of Indonesia Number 5234); 8. Law number 15 year 2011 about Election Organizers (Gazette of the Republic of Indonesia Number 101 in 2011, an additional Sheet of the Republic of Indonesia Number 5246); 9. Law No. 8 year 2012 general election 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 117 in 2012, an additional Sheet of the Republic of Indonesia Number 5316); Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on the ESTABLISHMENT of the MIDDLE BUTON REGENCY in the PROVINCE of SOUTH EAST SULAWESI. CHAPTER I GENERAL PROVISIONS article 1 In this law is the: www.djpp.kemenkumham.go.id 2014, no. 172 4 1. The 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. The province of Southeast Sulawesi is a province referred to in Act No. 13 of 1964 concerning the determination of the Replacement Government Regulations 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 of 1960 Prp Area level I North Sulawesi and South Sulawesi level I Regional-Southeast into law. 4. Regency Buton Regency is referred to in Act No. 29 of 1959 concerning the establishment of level II areas in Sulawesi whose territory had been reduced by Bau Bau on the basis of Act No. 13 of 2001 on the establishment of Bau Bau, Bombana Regency reduced, Wakatobi and Kolaka Utara based on Act No. 29 of 2003 concerning the establishment of the Wakatobi, Bombana Regency and North Kolaka in South East Sulawesi province which is the origin of the Middle Buton Regency Regency. CHAPTER II establishment, COVERAGE AREA, BORDERS, and is considered part of CAPITAL Formation article 2 With this legislation formed the Middle Buton Regency in the province of South East Sulawesi in Indonesia Republic unitary State. 2014 www.djpp.kemenkumham.go.id, no. 172 5 second part Coverage of article 3 (1) of the Middle Buton Regency comes from parts of the Buton Regency consists of coverage areas: a. Sub Lakudo; b. Subdistrict Mawasangka East; c. Subdistrict of Central Mawasangka; Mawasangka Subdistrict d.; e. Kecamatan Talaga Kingdom; f. Subdistrict Gu; and g. Sangia Wambulu Sub-district. (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 Middle Buton Regency, as stipulated in article 2, Buton Regency area reduced by the area of the Middle Buton Regency as referred to in article 3. The third part Borders article 5 (1) of the Middle Buton Regency has territorial boundaries: a. to the North it borders the village of Tanjung Tongkuno Sub-district, Village Lawama, village Waleale, village Labasa Subdistrict of South Tongkuno, village Lolibu, village Bone Bone Bone Subdistrict, and Tondo Village Marobo Muna Regency Marobo Subdistrict; b. East of Buton Strait borders; c. the South bordering the Flores sea; and d. the West is bordered by the Gulf of Bone. (2) the limits referred to in subsection (1) is depicted in the map area complete with points coordinates and have gained approval from related parties listed in the Appendix and part of which is inseparable from the Act. 2014 www.djpp.kemenkumham.go.id, no. 172 6 (3), the determination of the boundaries of the Middle Buton Regency area definitely in the field referred to subsection (1) and (2) set by the Home Secretary at the latest 5 (five) years since the inauguration of the Middle Buton Regency. Article 6 (1) with the formation of the Middle Buton Regency, as stipulated in article 2, the Middle Buton Regency Government sets the Spatial Plan of the region of the Middle Buton Regency in accordance with legislation. (2) the determination of the Spatial Plan of the region of the Middle Buton Regency as referred to in subsection (1) is carried out in accordance with the plan of National Territory Spatial and Spatial Plan of the province of South East Sulawesi as well as paying attention to the Spatial Plan of the districts/cities in the vicinity. Part four article 7 Capital the capital of the County is located in Central Buton Labungkari Sub Lakudo. CHAPTER III article 8 LOCAL GOVERNANCE AFFAIR Affairs of local governance that became the Middle Buton Regency of authority encompassing Affairs as provided for in the legislation. CHAPTER IV the GOVERNMENT of the REGION is considered part of the inauguration of the New autonomous region and the appointment of the acting head of Region article 9 inauguration of the Middle Buton Regency and the appointment of the acting Regent of the Middle Buton is done by the Home Secretary on behalf of the President at least 9 (nine) months after the Act is enacted. www.djpp.kemenkumham.go.id


2014, no. 172 7 local governments of the second part of article 10 (1) to lead the Organization of the Government in Central Buton Regency, selected and validated the Regent and Vice Regent of/or in accordance with the legislation that implemented the fastest 2 (two) years since it was inaugurated the Middle Buton Regency. (2) before the Regent and Vice Regent of the definitive as referred to in paragraph (1) was elected as the Chairman of the Organization of the regional government, the Minister of the Interior on behalf of the President appoints the acting Regent of the civil servant based on the proposal of the Governor of Southeast Sulawesi with the longest term of 1 (one) year. (3) 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. (4) the Minister of internal affairs can appoint the Governor of Southeast Sulawesi to appoint the acting Regent of the Middle Buton. (5) the Minister of the Interior on behalf of the President can lift the back Acting Regent for 1 (one) time the next longest term of 1 (one) year or replace it with another acting in accordance with the legislation. (6) the Governor of Southeast Sulawesi do coaching, supervision, evaluation, facilitation and performance against the acting Regent of the Middle Buton in local governance, the establishment of the organizational structure and charging the device area, charging the membership of the House of representatives districts, Areas and facilitating the election of the Regent and Vice Regent of/or in accordance with legislation. Article 11 first-time Financing the implementation of the election of the Regent and Vice Regent of/or the Middle Buton as stipulated in article 10 paragraph (1) is charged to the budget of income and Expenditure Budget and Buton Regency Area income and shopping districts in Southeast Sulawesi province. 2014 www.djpp.kemenkumham.go.id, no. 172 8 article 12 (1) to hold the Middle Buton Regency Government formed regional secretariat which include device areas, the Secretariat of the House of 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 Regent of the Middle Buton at least 6 (six) months from the date of the inauguration. The third part of the regional House of representatives Article 13 (1) of the regional House of representatives Middle Buton Regency was formed through the results of the elections of 2014. (2) the amount and charging procedures for membership of the House of representatives of the Middle Buton Regency Area referred to in subsection (1), in accordance with the legislation. (3) the determination of the membership of the House of representatives of the Middle Buton Regency Area as referred to in paragraph (1) and paragraph (2) do Buton Regency Electoral Commission in accordance with the legislation. (4) the oaths/members of appointment of representatives of the Middle Buton Regency Area is carried out at least four (4) months after the oath/promise of members of the House of representatives District Buton. Chapter V the PERSONNEL, assets, and clause 14 (1) shared the acting Regent Regent Buton Middle Buton organize and carry out the transfer of personnel, assets, as well as the submission of documents to the Middle Buton Regency Government in accordance with the agreement of the House of representatives District Buton and Regent Buton. (2) the transfer of the personnel referred to in paragraph (1) is carried out at least 6 (six) months from the appointment of the acting Regent of the Middle Buton. 2014 www.djpp.kemenkumham.go.id, no. 172 9 (3) delivery of assets and the documents referred to in subsection (1) done at least 3 (three) years since the inauguration of the acting Regent of the Middle Buton. (4) Personnel as referred to in paragraph (1) and paragraph (2) covers the civil servants because the task and ability required by the Middle Buton Regency. (5) the Governor of Southeast Sulawesi, co-ordinate and facilitate the transfer of personnel, assets, and submission of documents to the Middle Buton Regency. (6) the salary and fringe benefits of civil servants as referred to in paragraph (4), as long as he is not yet a budget income and Expenditure the Middle Buton Regency Area, 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) the assets and documents referred to in subsection (1) and subsection (3) includes the following: a. the goods belong to the Buton Regency moves and does not move and/or controlled or utilized by the Middle Buton Regency Government in Central Buton Regency area; b. the County-owned enterprises Buton that position, activities, and its location in the Regency of Buton Middle; c. the Buton Regency debts of its usefulness to the Middle Buton Regency became the responsibility of the Middle Buton Regency; and d. the archive documents and because of its nature required by the Middle Buton Regency. (8) in respect of the provisions referred to in subsection (3) and subsection (7) is not implemented or not yet completed by the Regent of Buton, Southeast Sulawesi Governor as the representative of the Government must get it done within at least 1 (one) year. (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 Southeast Sulawesi to the Minister of the Interior. 2014 www.djpp.kemenkumham.go.id, no. 172 10 CHAPTER VI EQUALIZATION FUND, the allocation of REVENUES, grants, and ASSISTANCE FUNDS Article 15 (1) of the Middle Buton Regency is entitled to the allocation of equalization funds and other funds transfer in accordance with the legislation. (2) in the Equalization Fund referred to in subsection (1), the Government allocates funds a special allocation of infrastructure in accordance with government regulations. (3) the balance of Funds as referred to in paragraph (1) in the form of a transfer of funds to be allocated in accordance with the financial capabilities of the State in accordance with the legislation. Article 16 (1) in accordance kesanggupannya Buton Regency Government gives grants in the form of money to support the activities of the Organization of the Middle Buton Regency Government of Rp RP 5 billion (five billion dollars) for the first year and Rp RP 2.500.000.000 (two billion five hundred million rupiah) for the second year as well as for the implementation of the election of the Regent and Vice Regent of Buton or the middle of the first Rp RP 3,000,000,000 (three billion dollars). (2) the Government of the province of South East Sulawesi provide relief fund to support the activities of the Organization of the Middle Buton Regency Government of Rp RP 4.000.000.000 (four billion dollars) each year for the past two (2) consecutive years as well as for the implementation of the election of the Regent and Vice Regent of Buton or the middle of the first Rp RP 2.000.000.000,-(two billion dollars). (3) the awarding of the grant referred to in subsection (1) and the grant of aid as referred to in paragraph (2) was started since the inauguration of the acting Regent of the Middle Buton. (4) In the Regency of Buton does not meet kesanggupannya in accordance with the grant referred to in subsection (1), the Government reduced the balance of funds from the district admissions Buton to give to the Middle Buton Regency Government. (5) In Southeast Sulawesi province do not meet the kesanggupannya provide assistance in accordance with the funds referred to in subsection (2), the Government reduced the equalization funds receipt www.djpp.kemenkumham.go.id 2014, no. 172 Southeast Sulawesi province from 11 to give to the Middle Buton Regency Government. (6) the acting Regent of the Middle Buton delivered a report on accountability for the realization of the use of the grant referred to in subsection (1) to the Regent Buton. (7) the acting Regent of the Middle Buton delivered a report on 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 Southeast Sulawesi. Article 17 the acting Regent of the Middle Buton obligated the administering regional finance perform in accordance with the legislation. CHAPTER VII CONSTRUCTION of Article 18 (1) in order to streamline the Organization of local governance, the Government and the Government of the province of South East Sulawesi do coaching and facilitation in particular towards the Middle Buton Regency within 3 (three) years since it was inaugurated. (2) the Government together with the Governor of Southeast Sulawesi do evaluation of the Middle Buton Regency Government holding of appropriate legislation. (3) the results of the evaluation as referred to in paragraph (2) be used as a reference for further policy by the Government and/or the Governor of Southeast Sulawesi, in accordance with the legislation. CHAPTER VIII TRANSITIONAL PROVISIONS article 19 (1) before the formation of the House of representatives of the Middle Buton Regency Area based on the results of the elections of 2014, the acting Regent of the Middle Buton drafting Regulations Regent about the budget income and Expenditure the Middle Buton Regency Area for the next fiscal year. (2) the draft Regulation of the Middle Buton Regent referred to in subsection (1) is conducted after confirmed by the Governor of Southeast Sulawesi. www.djpp.kemenkumham.go.id


2014, no. 172 12 (3) the process of endorsement and assignment of the Middle Buton Regent Rules as referred to in paragraph (2) was carried out in accordance with the legislation. Article 20 Before the Middle Buton Regent together with Representatives of regional Central Buton Regency setting local regulations, and Regent Central Buton set rules as Regent of the implementation of this Act, all local regulations and rules the Regents Buton along does not conflict with this Act continue to apply in the Regency of Buton. CHAPTER IX CONCLUDING PROVISIONS Article 21 at the time of the enactment of this Act, all the provisions in the regulations relating to Middle Buton Regency should be adapted to this Act. 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. Ratified in Jakarta on 23 July 2014, the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on July 23, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id 2014, no. 172 of 13 ATTACHMENT law of the Republic of INDONESIA number 15 by 2014 ABOUT FORMATION of the MIDDLE BUTON REGENCY in the PROVINCE of SOUTH EAST SULAWESI PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO www.djpp.kemenkumham.go.id