Regulation Of The Minister Of Public Works Number 01/prt/m/2013 2013

Original Language Title: Peraturan Menteri Pekerjaan Umum Nomor 01/PRT/M/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c510118d050bde4313233323332.html

bn370-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 370, 2013 the MINISTRY of public works. Draft Local Regulations. Spatial Plans. Approval. Pelimpahan Authority.

REGULATION of the MINISTER of PUBLIC WORKS of the REPUBLIC of INDONESIA number 01/PRT/M/2013 ABOUT PELIMPAHAN the AUTHORITY GRANTING the APPROVAL of the SUBSTANCE in the DETERMINATION of the DRAFT LOCAL REGULATIONS ABOUT DETAILED SPATIAL PLAN of KABUPATEN/KOTA with the GRACE of GOD ALMIGHTY MINISTER of PUBLIC WORKS of the REPUBLIC of INDONESIA, Considering: a. that under section 58 subsection (2), article 62 paragraph (2), article 68, paragraph (2) and article 76 paragraph (2) Government Regulation No. 15 of 2010 about the Organization of Spatial the substance of the agreement, delivery of the detailed spatial plan of the County/city can be didekonsentrasikan to the Governor;
b. that in order the implementation of dekonsentrasi as mentioned in the letter a necessary legal basis for granting the approval authority pelimpahan the substance of detailed spatial plan of kabupaten/kota from the Minister to the Governor;
c. that based on considerations as referred to in letter a and letter b, need to set Rules about Pelimpahan Minister of public works Authority Granting approval of the substance in the determination of Draft local regulations about Detailed Spatial Plan of the district/city;
Remember: 1. Government Regulation Number 3 of 2010 about organizing the Spatial (Gazette of the Republic of Indonesia Number 21 of 2010, an additional Sheet of the Republic of Indonesia Number 5103);
2. Government Regulation number 19 of 2010 regarding the procedures for the implementation of Tasks and authorities as well as the financial position of the Governor as the representative of the Government in the territory of the province (State Gazette of the Republic of Indonesia number 25 in 2010, an additional Sheet of the Republic of Indonesia Number 5107) as amended by regulation of the Government of the number 23 in 2011 (the State Gazette of the Republic of Indonesia Number 44 in 2011, an additional Sheet of the Republic of Indonesia Number 5209);
3. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended several times, the last presidential regulation Number 91 in 2011 (the State Gazette Rapublik Indonesia in 2011 Number 141);
4. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as amended several times, the last presidential regulation Number 92 in 2011;
5. Presidential Decree Number 83/P in 2009;
6. Regulation of the Minister of public works number 11/PRT/M/2009 on the approval of the substance in the determination of the draft Regulations of the regional Spatial Plan of the province and the Spatial Plan area of Kabupaten/Kota, along with Details of the plan;
7. Regulation of the Minister of public works number 08/PRT/M/2010 about the Organization and the Work of the Ministry of public works;
8. Regulation of the Minister of public works no. 15/PRT/M/2011 about the guidelines of the implementation of the activities of the Ministry of the work UmumYang Is the authority of the Government and is implemented through the Dekonsentrasi and Pembantuan;
Decide: define: REGULATION of the MINISTER of PUBLIC WORKS of PELIMPAHAN the AUTHORITY GRANTING the APPROVAL of the SUBSTANCE in the DETERMINATION of the DRAFT LOCAL REGULATIONS ABOUT DETAILED SPATIAL PLAN of KABUPATEN/KOTA.
CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister, which is: 1. Dekonsentrasi is pelimpahan the authority of the Government by the Government to the Governor as the representative of the Government and/or to the vertical institutions in certain regions.
2. Dekonsentrasi Activity is an activity of granting approval of the substance of draft local regulations about detailed spatial plan of kabupaten/kota by the Governor after obtaining the authority of the Minister of pelimpahan.
3. Approval of the substance is the approval given by the Minister stating that the draft technical regulation of the charge material areas of the plan of spatial locality refers to Act No. 26 of 2007 about Spatial Plan, Spatial National Territory as well as a national policy, and the detailed spatial plan of the province and kabupaten/kota was referring to General spatial plan, with the aim to ensure the suitability of the charge applicable local , either with the provisions of laws and regulations as well as with the guidelines of the field of structuring space.
4. The plan of Spatial Territory hereinafter abbreviated RTRW is the result of spatial planning on the region which is a geographical unity with all related elements and system limits are determined based on administrative aspects.
5. Detailed plan next Ruangyang RRTR abbreviated Nomenclature is the result of spatial planning in the regions is the geographical unity with all related elements and system limits are determined based on the functional aspect and compiled based on strategic value of region and/or area of activity as the spatial plan of the operasionalisasi region.
6. Detailed Spatial Plans are plans detailed spatial to spatial plans of counties/cities equipped with regulation of zoning district/city.
7. Material Technical Payload is the content of the draft local regulations about detailed spatial plans are in accordance with the technical guidelines for the preparation of detailed spatial plan of kabupaten/kota.
8. Budget income and Expenditure the State's next BUDGET is abbreviated annual financial plan approved by the State House of representatives, and is set by statute.
9. Dana Dekonsentrasi is the funding comes from the STATE BUDGET that is exercised by the Governor as the representative of a Government that includes all of the receipts and expenditure in the framework of the implementation of the dekonsentrasi, does not include the funds allocated to the vertical center of the agencies in the area.
10. Work Unit Device Dekonsentrasi Region hereinafter referred SEGWAY Dekon is a technical institution in the Organization/local government provincial Government Affairs wing field spatial executor of activities in the field of spatial dekonsentrasi areas of the province.
11. The Central Government that the Government is hereinafter referred to as 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.
12. the Minister is the Minister of public works of the Republic of Indonesia.
13. the Director-General of the Directorate hereafter is Director General of Spatial.
The second part of the goal and purpose of article 2 (1) of the regulation the Minister is intended as a basis for the implementation of the pelimpahan Government authority to the Governor as the representative of the Government in the region to implement the grant approval of the substance in the determination of draft local regulations about RRTR kabupaten/kota.
(2) the Ministerial Regulation aims in order to pelimpahan the authority granting the approval of the substance in the determination of the draft local regulations about RRTR kabupaten/kota and dekonsentrasi activities can be carried out in accordance with the provisions of the legislation so that the resulting RRTR kabupaten/kota and kabupaten/kota padaRTRW refers.
The third part of article 3 Scope the scope of the authority delegated to the Governor include: a. grant of approval of the substance in the determination of the draft local regulations about detailed spatial plan of the district/city; and b.  approval of the draft regulation the determination of the substance in the areas of spatial plan strategic area district/city.
Article 4 the scope of the regulation of the Minister include: a. the criteria pelimpahankewenangan;

b. procedure pelimpahankewenangan;

c. implementation of the activities of the dekonsentrasi;

d. funding activity dekonsentrasi;

e. reporting and inspection of the implementation of the activities of the dekonsentrasi;

f. pelimpahan recall authority; and g.  construction and supervision of the implementation of the activities of the dekonsentrasi.

CHAPTER II the CRITERIA PELIMPAHAN AUTHORITY article 5 (1) the criteria pelimpahan the authority referred to in article 4 of the letter a is a requirement that must be met by the province as the basis for the granting of the approval authority of the pelimpahan substance in the determination of draft local regulations about RRTR kabupaten/kota from the Minister to the Governor.
(2) the criteria to be met by the province referred to in subsection (1) include the following: a. have set local regulations about RTRW province;
b. at least 50% (fifty percent) of the total number of districts/cities in the province have had local regulations about RTRWkabupaten/city;
c. have the fewest units Echelon III organized a technical Affairs of Government in the field of spatial;
d. have a coordinating body of spatial areas of the province that has been an effective and operational as cross-cutting coordination in the field of spatial; and e.  have sufficient human resources, competent, and responsive in the field of spatial, especially at the technical Office of Government Affairs wing spatial field that becomes the implementing Ministry technical secretariat administering the substance RRTR kabupaten/kota.
Article 6 (1) in order to pelimpahan the authority referred to in article 3, the Ministry of public works through the Directorate General for Spatial assessment of the fulfillment of the criteria of conduct referred to in article 5 paragraph (2).
(2) the fulfillment of the criteria referred to in subsection (1) is a prerequisite of approval granting authority pelimpahan substance in the determination of draft local regulations about RRTR kabupaten/kota.
CHAPTER III PROCEDURE PELIMPAHANKEWENANGAN Part One General article 7

(1) pelimpahankewenangan Procedure referred to in article 4 letter bmerupakan phases in pelimpahan RRTR substance approval authority kabupaten/kota.
(2) pelimpahan Procedures the authority referred to in subsection (1) include the following: a. notification of plan pelimpahan authority;

b. pelimpahan and petition authorities willingness;

c. penilaianpemenuhan pelimpahan authority criteria; and d.  implementation of the pelimpahan authority.
The second part of the notice of the plan Pelimpahan the authority of article 8 in order to pelimpahan the authority referred to in article 3, the Minister delivered a notice to the Governor regarding the implementation of the plan of activities for the next fiscal year dekonsentrasi at least the second week of June or after he launched a while.

The third part of the willingness and petition the Pelimpahan authorities of article 9 (1) on the basis of the notification referred to in article 8, the Governor gave a written answer which contains a statement of willingness to carry out the activities of the dekonsentrasi to the Minister through the Department no later than July of the current year.
(2) a statement of willingness as referred to in subsection (1) is accompanied by a description of the fulfillment of the criteria referred to in article 5 paragraph (2).
(3) in the event that the Governor did not give the answers referred to in subsection (2), the Governor considered not willing to carry out the activities of the dekonsentrasi.
Article 10 other than on the basis of the notification referred to in article 8, the Governor of dekonsentrasi activities can apply in writing to the Secretary through Directorate no later than July of the current year.

The fourth part of the assessment of the fulfillment of the criteria Pelimpahan the authority of article 11 (1) based on written answers referred to in article 9 paragraph (1) or solicitation activities dekonsentrasi as referred to in article 10, the Minister through the Department assess the fulfillment of the criteria pelimpahan authority.
(2) assessment of the fulfillment of the criteria referred to in subsection (1) results in the provision regarding the province who have meet or do not meet the criteria of pelimpahan authority.
Part five Implementation Pelimpahan the authority of article 12 (1) in terms of the assessment of the fulfillment of the criteria pelimpahan the authority referred to in article 11 paragraph (2) of the Ordinance that the province produces rated have meet the criteria pelimpahan the authority, the Minister set the Minister's decision about granting approval authority pelimpahan the substance of draft rule daerahtentang RRTR kabupaten/kota.
(2) a decision of the Minister referred to in subsection (2) are set at least the first week of December or after establishment of the President's rule about the details of the budget of the Central Government.
Article 13 (1) in terms of the assessment of the fulfillment of the criteria pelimpahan the authority referred to in article 11 paragraph (2) of the Ordinance that the province produces assessed do not meet the criteria of pelimpahan authority, the Minister delivered the notification letter to the Governor of the subject does not satisfy the criteria of pelimpahan authority.
(2) the notice referred to in subsection (1) is accompanied by the directives related to the refinement in order fulfillment of criteria of pelimpahan authority.
Chapter V IMPLEMENTATION ACTIVITIES DEKONSENTRASI of article 14 (1) the implementation of the activities of the dekonsentrasi referred to in article 4 letter c is done after the pelimpahan the authority of the Secretary to the Governor.
(2) Pelimpahan authority as referred to in paragraph (1) established by decision of the Minister referred to in article 12 paragraph (1).
Article 15 (1) of the planning and programming of activities implemented by the Minister of dekonsentrasi melaluiDirjen as a responsible program.
(2) any change of plans and programs of activities proposed by the Governor of dekonsentrasi can be carried out after obtaining the written consent of the Director.
(3) the written consent referred to in subsection (2) is given by considering the proposals of the Governor are accompanied by an explanation.
(4) the mechanisms of planning, programming, and budgeting is implemented in accordance with the provisions of the legislation.
Article 16 in the implementation of the activities of dekonsentrasi, the Governor of: a. set the SEGWAY Dekon as executor of activity dekonsentrasi;
b. coordinate the implementation of the activities of the dekonsentrasi in the framework of development of the region/region alignment and cross-sector development; and c.  evaluate the material charge technical draft local regulations about RRTR kabupaten/kota.
Article 17 Evaluation material technical charges as stipulated in article c 16huruf do in order granting approval of the substance of the draft local regulations about RRTR kabupaten/kota.

Article 18 in the implementation of the activities referred to in Article dekonsentrasi 16huruf c, the Governor can: a. consultation to Ministry/lembagaterkait in order to evaluate the technical materials of the draft local regulations about RRTR district/city; and/or b.  invite the Government of district/municipality related to discuss problems that need to be resolved in the framework of the grant agreement of substance in the determination of draft local regulations about RRTR kabupaten/kota.
Article 19 implementation of the activities of the dekonsentrasi substance in the determination of approval of the draft local regulations about RRTR kabupaten/kota must comply with the provisions of the legislation, including spatial field norm/standard spatial field.

CHAPTER VI FUNDING ACTIVITY DEKONSENTRASI activity dekonsentrasi article 20 Funding sourced from dekonsentrasi Fund Budget revenue and Expenditure of the State Ministry of public works.

Article 21 (1) dekonsentrasi management of the Fund as stipulated in article 20 do olehSKPD Dekon.
(2) Fund management dekonsentrasi as referred to in subsection (1) is held separately from the income and Expenditure Budget of the region.
(3) Fund management dekonsentrasi as referred to in subsection (1) is set in accordance with the provisions of the legislation.
CHAPTER VII IMPLEMENTATION OF INSPECTION ACTIVITIES and REPORTING DEKONSENTRASI Reporting is considered part of the section 22 (1) in the implementation of the activities of dekonsentrasi, the Governor delivered a report on the implementation of the dekonsentrasi activity to the Minister.
(2) the report of the implementation of the activities of the dekonsentrasi referred to in subsection (1) include the following: a. managerial reports;

b. accountability reports; and c. technical reports.
(3) managerial Reports as referred to in paragraph (2) letter a consists of: a. the realization of absorption of funds;

b. achievement of target output;

c. obstacles encountered; and d. the follow-up suggestions.
(4) Accountability Report as referred to in paragraph (2) letter b composed of financial reports and report items based on the Accounting Standards system in Indonesia.
(5) the Technical Report referred to in paragraph (2) Letter c consists of: a. a report execution;

b. report on logging, monitoring, and evaluation; and c. report implementation of socialization.
Article 23 (1) of the report referred to in Article 10 paragraph (2) presented by the head of the SEGWAY Dekon executor dekonsentrasi activities on behalf of the Governor to the Secretary through Directorate quarterly and end of the financial year.
(2) the head of a SEGWAY Dekon as referred to in paragraph (1), submit a report of the implementation of the activities of the dekonsentrasi with the following procedures: a. head SEGWAY Dekon report implementation of activities dekonsentrasi to the Governor; and b.  the head of the SEGWAY Dekon on behalf of Governor delivered a report on the implementation of the activities of the dekonsentrasi to the Minister through the Directorate.
Article 24 the form and content of the report of the implementation of the activities of the dekonsentrasi referred to in section 22 is governed in accordance with the provisions of the legislation.

The second part of the examination of article 25 (1) Examinations of the implementation activities carried out by the internal examiner dekonsentrasi the Ministry of public works and/or external examiner of the Government.
(2) the internal Inspectors as in subsection (1) that the General Inspectorate of the Ministry of public works.
(3) external Examiners as in subsection (1) that the Agency of the Republic of Indonesia Financial Examiners.
Article 26 of the General Inspectorate of the Ministry of public works as stipulated in article 25 paragraph (2) may delegate to and/or cooperate with parties in other inspectors in accordance with the provisions of legislation.

CHAPTER IX RECALL PELIMPAHAN AUTHORITY of article 27 (1) the recall of pelimpahan authority as stipulated in article 14 is carried out if: a. the Affairs of Government assigned are not acted upon due to changes in government policy;

b. implementation of Government Affairs assigned does not comply with the provisions of the legislation;

c. the Governor proposed the authority that has been delegated withdrawn; and d. the Governor cannot exercise the delegated authority.
(2) the recall of pelimpahan the powers referred to in subsection (1) is designated by the Minister.
(3) determination of pelimpahan recall authority as in paragraph (2) is submitted to the Minister of the organizing Affairs of government finance and Government Affairs field which hosts national development planning.
(4) determination of pelimpahan recall authority as referred to in paragraph (2) may be used as a basis for blocking the budget document and the cessation of disbursement by the Minister dekonsentrasi who organized a government financial affairs.

Article 28 in terms of the presence of pelimpahan recall authority referred to in article 27, the procedure of granting approval of the substance of the draft local regulations about RRTR implemented in accordance with the provisions of the Ministerial Regulation number 11/PRT/M/2009 on guidelines for the approval of the substance in the determination of the draft Regulations of the regional Spatial Plan of the province and the Spatial Plan area of Kabupaten/Kota with Plan Details.

CHAPTER X COACHING and SUPERVISION Article 29 within the framework of the implementation of the activities of dekonsentrasi, the Director General on behalf of the Minister of doing: a. the construction of executor to Governor dekonsentrasi activities; and b. the supervision against the implementation of the activities of the dekonsentrasi.

Article 30 (1) of the construction as stipulated in article 29huruf a was implemented in order to improve the performance of the Governor in the exercise of the activities of the dekonsentrasi.
(2) the construction referred to in subsection (1) is carried out through: a. dissemination of legislation and guidelines on spatial field associated with the preparation and evaluation of the draft local regulations about RRTR district/city;
b. the grant guidance, supervision, and consultation the preparation and evaluation of technical material and draft local regulations about RRTR district/city; and c.  education and training in the preparation and evaluation of the draft local regulations about RRTR kabupaten/kota.
(3) Construction as referred to in paragraph (2) was carried out in accordance with the provisions of the legislation.
Article 31 within the framework of the implementation of the activities of dekonsentrasi, the Governor of melakukanpembinaan to the area of kabupaten/kota that carries out preparation of RRTR kabupaten/kota.

Article 32 (1) of the construction as stipulated in article 31dilaksanakan in order to improve the performance of local government districts/cities in the preparation of the draft local regulations about RRTR kabupaten/kota.
(2) the construction referred to in subsection (1) is carried out through: a. dissemination of legislation and guidelines on spatial field associated with the preparation of the draft local regulations about RRTR district/city;
b. the grant guidance, supervision, and consultation for the preparation of technical material and draft local regulations about RRTR district/city;
c. education and training on the preparation of the draft local regulations about RRTR kabupaten/kota. (3) Construction as referred to in paragraph (2) was carried out in accordance with the provisions of the legislation.
Article 33 (1) the supervision referred to in Article 29 the letter b is done in order to ensure the implementation of the activities of the dekonsentrasi in accordance with the purposes of the grant of dekonsentrasi activities.
(2) in the framework of the implementation of the activities of dekonsentrasi, the Governor of doing surveillance to areas of kabupaten/kota that carries out preparation of RRTR kabupaten/kota.
(3) Supervision as referred to in paragraph (1) and paragraph (2) is done through monitoring and evaluation in accordance with the provisions of the legislation.
Article 34 supervision in order against the implementation of the activities of the dekonsentrasi referred to in Article 29 the Director may assign the letter b technical guide.

CHAPTER XI PROVISIONS COVER Pasal35 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on February 15, 2013 the INDONESIAN MINISTER for PUBLIC WORKS, DJOKO KIRMANTO Enacted in Jakarta on March 6, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();