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Back NEWS REPUBLIC of INDONESIA No. 110, 2013 TOURISM MINISTRY and CREATIVE ECONOMY. Legislation. The establishment. The Ordinance.
REGULATION of the MINISTER of TOURISM and the CREATIVE ECONOMY of the REPUBLIC of INDONESIA NUMBER pm. 01/HK. 201/MPEK/2013 of the FORMATION of PERATURANPERUNDANG-INVITATION at the ENVIRONMENT MINISTRY of TOURISM and CREATIVE ECONOMY with the GRACE of GOD ALMIGHTY PARIWISATADAN CREATIVE ECONOMY MINISTER of the REPUBLIC of INDONESIA, Considering: a. that has been established by Act No. 12 year 2011 about the formation of Legislation, then the regulation of the Minister of culture and tourism Numbers. 32 PM HK/201/MKP/07 about the Ordinances Remain (TTP) Drafting of legislation on the Environment of the Ministry of culture and tourism needs to be adjusted;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of tourism and Creative Economy about the procedures for the establishment of Regulations on the Environment Ministry of tourism and the Creative Economy;
Remember: 1. Act No. 14 of 2008 about the openness of public information (State Gazette of the Republic of Indonesia Number 61 in 2008, an additional Sheet of the Republic of Indonesia Number 4846);
2. The laws of UndangNomor 12 in 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);
3. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended last presidential regulation Number 76 in 2011;
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 last presidential regulation Number 92 in 2011;
5. Regulation of the Minister of tourism and Creative Economy Number am. 07/001/HK MPEK/2012 about the Organization and the work of the Ministry of tourism and the Creative Economy;
Decide: define: REGULATION of the MINISTER of TOURISM and CREATIVE ECONOMY ABOUT the FORMATION of Legislation in the ENVIRONMENT and TOURISM MINISTRY'S CREATIVE ECONOMY.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. The establishment of Legislation was the creation of legislation that covers the stages of planning, drafting, discussion, endorsement or assignment, and enactment.
2. Regulations are regulations written that contains a binding legal norms in General and established or designated by the institution of the State or the competent authority via procedures specified in the legislation.
3. The Act is Legislation which was formed by the House of representatives with the mutual agreement of the President.
4. Government regulations are Regulations established by the President to enforce the law properly.
5. Regulations of the President was established by the Legislation of the President of the command to run higher Legislation or in organizing a Government.
6. Ministerial Regulation is the rule set by Ministers to run the command higher legislation or in order to organise the affairs in the field of tourism and creative economy.
7. Regulatory Program Ministry of tourism and the Creative Economy that hereafter Proreg Ministry program planning instrument is the formation of legislation in the Ministry of tourism and Creative Economy compiled programmatically, integrated, and sistematisberdasarkan the urgency and priority of its formation.
8. Coordination is efforts co-operation between Ministries with government agencies/units of work in the implementation of the preparation of legislation in the Environment Ministry.
9. Dissemination activities is to convey information to the public regarding Proreg Ministry, draft legislation, Draft Regulations, the draft regulations of the Government of the President, and the draft ministerial regulation is being drafted, discussed, and which has been enacted so that the public can provide input or response to the legislation or to understand the legislation that has been enacted.
10. Enactment is the placement of the regulations in the Gazette of the Republic of Indonesia, an additional Sheet of the Republic of Indonesia, the Republic of Indonesia, News or Additional Republic Indonesia.
11. The Ministry of tourism and Creative Economy are hereinafter referred to as the Ministry is the Ministry which conducts the Affairs of Government in the field of tourism and creative economy.
12. Minister of tourism and Creative Economy which is hereinafter referred to as the Minister was the Minister who organized a Government Affairs in the field of tourism and creative economy.
13. the Secretary-General of the Ministry of tourism and Creative Economy which is hereinafter referred to as General Secretary is the official Echelon I who had the task of implementing the coordination of implementation, coaching, and the granting of administrative support to the entire organizational unit in the Ministry of environment.
14. the Proposers are Ministers and/ataupejabat-level Echelon that submits the proposal for drafting the legislation.
Article 2 the scope of the Ordinance PembentukanPeraturan Legislation include the following: a. the planning legislation;
b. the preparation and discussion of the legislation; and c. penyebarluasanperaturan legislation.
Article 3 establishment of Ordinances and regulations aiming at: a. in order to product legislation in the Ministry of environment in accordance with the provisions of the legislation;
b. manifest uniformity in Ordinance drafting legislation;
c. realize harmonization, rounding, the establishment of the material, and coordination in the preparation of legislation;
d. speed up the process of determination of legislation; and e. dissemination of legislation.
Article 4 type of legislation that is set out in the regulations of the Minister include: a. law;
b. Government Regulation;
c. Regulation of the President; and d. the Ministerial Regulation.
CHAPTER II PLANNING and regulations article 5 (1) Planning Regulations carried out in ministries Proreg coordinated by the Secretary General.
(2) to compile the Proreg Ministry referred to in subsection (1) must be based on: a. the command law;
b. strategic plan of the Ministry; and c. the aspirations and needs of the legal community.
(3) Ministry Proreg as mentioned on paragraph (1) was compiled based on input from the Proposers.
Article 6 (1) fixed by the Ministry's Secretary-General Proreg for a period of 1 (one) year.
(2) if the legislation that has been entered in Proreg Ministry cannot be completed within a period of 1 (one) year, such legislation a priority Proreg Ministry next year.
(3) in certain circumstances that are deemed urgent, Proposers may submit draft legislation in one Ministry accompanied proreg reason to the Secretary-general.
(4) the Secretary-General consider urgent reasons and revamp Proreg Ministry by incorporating the draft legislation referred to in subsection (3) into Proreg Ministry.
(5) in the event that the Secretary-General rejected the draft legislation referred to in paragraph (3), the Minister decided continuing the draft legislation in Proreg Ministry set forth by General Secretary the following year or another year after getting the consideration of legal and Personnel Bureau.
Article 7 in the pengoordinasian material charges and regulations that have been established in the Ministry of Proreg, head of law firm and Employment may form working groups.
CHAPTER III the PREPARATION and DISCUSSION of the Legislation section of the Union law article 8 (1) Proposers menyusunrancangan law suit Proreg Ministry.
(2) Upon Proreg Ministry, proposers should be compiled: a. Academic Manuscript about the material charge which will be poured in the Bill; and b. draft legislation, based on the academic Manuscript as stated on the letter a. of article 9 (1) in menyusunRancangan of the Act, the Minister appoints the Secretary-General as Coordinator.
(2) the preparation of draft legislation that is coordinated by the Secretary-general were implemented by the head of the law firm Staffing and compliance with the provisions of legislation.
The second part of government regulation or presidential regulation article 10 (1) of the draft Government Regulation Pengusulmenyusun atauRancangan President in accordance with Rule Proreg Ministry.
(2) BerdasarkanProreg Ministry, Proposers should be compiled: a. technical studies about the material charge which will be poured in the draft government regulation or RancanganPeraturan President; and b. the draft government regulation or technical studies based on President RancanganPeraturan as stated on the letter a.
(3) the preparation of Draft Government regulations or Presidential RancanganPeraturan as referred to in subsection (1) involves a unit of work consists of dealing with law.
Article 11 (1) based on Proreg Ministry as stipulated in article 5 clause (1), consists of proposing government regulation or RancanganPeraturan the President to the Secretary-General with a copy of the head of the law firm and Personnel for further processing.
(2) the staffing law firm and did a study of the substance of the draft regulations of the Government or President RancanganPeraturan submitted by Proposers and draw up the draft fixes no later than 15 (fifteen) working days.
(3) in drawing up the perbaikanRancangan Presidential atauRancanganPeraturan Government regulations as referred to in paragraph (2), the law firm Staffing and coordinating with related work units and Proposers.
(4) the draft results of the coordination referred to in paragraph (3) submitted by the Secretary-General to the Minister for approval.
Article 12 (1) when the draft government regulation or RancanganPeraturan Presidenyang presented to the Minister has been approved for further processing, the head of the law firm Staffing and preparing a letter from the Minister to the President about the plea agreement preparation of Draft Government regulations or the draft presidential regulation.
(2) after obtaining the consent of the President, the Minister formed the Committee for antarkementerian to do the discussion of the draft government regulation or the draft presidential regulation.
(3) the membership Committee antarkementerian as referred to in paragraph (2), chaired by the Secretary-General with members consisting of the elements of the Ministry coordinator, ministries/government agencies nonkementerian related to the substance of the draft government regulation or RancanganPeraturan the President.
(4) the Committee antarkementerian do Government regulations or Draft discussion of the draft presidential regulation which is coordinated by the head of the law firm and Staffing as the Secretary of the Committee antarkementerian.
Article 13 of the draft regulations of the Government of atauRancanganPeraturan President of the results of the deal on the deliberations of the antarkementerian referred to in article 12 paragraph (4), presented by the Minister to the Minister of law and human rights to do pengharmonisasian, rounding, and establishment of the conception of the draft Government Regulation atauRancanganPeraturan President.
Article 14 (1) the results of the process of pengharmonisasian, rounding, and establishment of the conception of the design can be: a. return to the Minister to be repaired; or.
b. approval for further processing.
(2) in the case of draft Legislation or Draft Regulations the President has got the approval referred to in subsection (1) letter b, the Minister of law and human rights to convey the draft to the Minister for further processing.
(3) the Minister delivered a letter of application for the fixing of the draft government regulation or the draft presidential regulation to the President with the effluent: a. Vice President;
b. Coordinating Minister for the economy;
c. State Secretary, for the regulation of the Government;
d. the Secretary of the Cabinet, to the regulations of the President;
e. Minister of law and human rights; and f. Working Unit President, head of the supervision and control of Construction (UKP-PPP).
(4) the process of drafting a government regulation RancanganPeraturan or RancanganPeraturan of the President as stated in Attachment Iyang is part an integral part of the regulation of the Minister.
Article 15 (1) of the Regulation or regulations of the President who was appointed by the President, enacted in the State Gazette of Republic of Indonesia.
(2) the enactment of the Ordinance referred to in subsection (1) is carried out in accordance with the laws and regulations concerning attestation, the enactment of legislation, and deployment.
The third section of the Ministerial Regulation article 16 (1) in accordance with the Minister's draft Pengusulmenyusun Proreg Ministry.
(2) Upon Proreg Ministry, Proposers should be compiled: a. technical studies about the material charge which will be poured in the draft Ministerial Regulation; and b. the draft Ministerial Regulation based on technical studies referred to in subparagraph a.
(3) the preparation of a draft Ministerial Regulation as referred to in subsection (1) involves a unit of work consists of dealing with law.
Article 17 (1) BerdasarkanProreg the Ministry referred to in article 5 paragraph (1), Proposers proposing Regulations Minister told Secretary General with copy of the head of the law firm and Employment accompanied by a sheet control in accordance with the attached format.
(2) the staffing law firm and did a study of the substance of the draft Regulations of Ministers submitted by Proposers and draw up the draft fixes no later than 15 (fifteen) working days.
(3) the draft outcome improvements as mentioned in subsection (3), discussed further by the law firm and Staffing by involving: a. Proposers;
b. related work unit; and c. other agencies as needed.
Article 18 (1) the results of the discussion referred to in Section 17 is poured in the form of final draft.
(2) the final Draft as mentioned in subsection (1) requested approval on each sheet paraf to Proposers within 7 (seven) working days.
(3) after receiving approval from the Proposers paraf, the final draft of the requested approval from paraf Secretary-general on each sheet.
Article 19 (1) final Draft Regulations of Ministers who have been diparaf, olehSekjen to the Minister is submitted as many as three (3) naskahasli for a period of at least 7 (seven) working days.
(2) the final draft of the regulation of the Minister referred to in subsection (1) is designated by the Minister for a period of at least fourteen (14) working days since the drafts submitted to the Minister.
Article 20 (1) the regulation of the Minister who has been designated as referred to in article 19ayat (2) enacted in the news of the Republic of Indonesia through the Ministry of Justice and human rights.
(2) the regulation of the Minister which had been enacted in the State referred to in paragraph (1) a copy made and signed by the head of the law firm and Staffing.
Article 21 (1) the preparation of the Ministerial Regulation as referred to in article 16 to with article 19 are conducted based on the arrangement of flow regulation of the Minister as listed in annex II which are part an integral part of the regulation of the Minister.
(2) Pengundangandalam state news as referred to in article 20 paragraph (1) is performed based on the process of enactment as listed in Annex III which is an integral part of part of the regulation of the Minister.
CHAPTER IV COMMUNITY AS WELL AS the ROLE of section 22 (1) to improve the material charge legislation, law firm and Employment can involve communities, associations and academics through workshop/workshop/public test, or ask for input from the Work Unit (SKPD) area of Devices in the field of tourism and creative economy.
(2) to facilitate the participation of the community in refining the material charges and regulations referred to in subsection (1), the draft legislation was being drafted/reviewed should be accessible on the website of the Ministry.
Chapter V DISSEMINATION Article 23 (1) any legislation that has been enacted, mandatory shared.
(2) Dissemination as referred to in paragraph (1) may be made through socialization, circulars, and/or inclusion on the website of the Ministry.
CHAPTER VI miscellaneous PROVISIONS Article 24 the preparation and discussion of the memorandum of understanding, Agreement, the decision of the Minister and the Minister of Instruction based on the procedure as listed in chapter IIIBagian Third Ministerial Regulation.
CHAPTER VII PROVISIONS COVER Article 25 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of culture and tourism, the number of am 32/HK. 201/MKP/07 about the Ordinances Remain (TTP) Drafting of legislation on the Environment of the Ministry of culture and tourism was revoked and declared inapplicable.
Article 26 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 16 January 2013, MINISTER of TOURISM and the CREATIVE ECONOMY of the REPUBLIC of INDONESIA, MARI ELKA PANGESTU Enacted in Jakarta on January 21, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn110-2013 fnFooter ();
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