The Act Number 5 2013

Original Language Title: Undang-Undang Nomor 5 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e53fe1d1092ea313231333232.html

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Back COUNTRY GAZETTE EXTRA RI No. 45 local government. Region. The establishment. Banggai Regency Of The Sea. Central Sulawesi Province. (State Gazette of the Republic of explanation for Indonesia by 2013 the number 20)

EXPLANATION for the law of the Republic of INDONESIA number 5 by 2013 on the ESTABLISHMENT of the COUNTY TAKEN FROM the SEA in the CENTRAL SULAWESI PROVINCE I.  The PUBLIC Central Sulawesi province has an area of approximately 61,841.29 km2 with a population of 2011 amounts to ± 2,721,941 the soul consists of 10 (ten) are regencies and one (1) city, the need to spur an increase in the Organization of the Government in the framework of the unitary State of the Republic of Indonesia reinforces.

Banggai Islands Regency has an area of approximately 3,214.46 km2 with a total population in 2012 amounted to approximately 183,883 inhabitants consists of 19 (nineteen) districts and 210 (two hundred ten) villages. The County has the potential that can be developed to support the improvement of the Organization of the Government.

Banggai Regency of the sea is born from the aspirations of the community and the Administration have been rolling in since 2004. Banggai Regency, forming reason of the ocean is the victim of the Act No. 51 of 1999 are ambiguous so as to cause conflict in the community and potential high horizontal conflicts in society.

Holistic development that is not optimally implemented and perceived by the public in Banggai Ocean given the range of Government control that is constrained by geographical factors. As a result of living conditions and the well-being of the majority of the people in this region are still of concern, whereas Banggai Sea has sufficient economic potential to support sustainable development, i.e. of the wealth of its natural resources, such as coal, chronit, granite, gypsum, kaolin, and quartz sand. Banggai Regency of the sea are rich in the types of sea life, including protected, one type of sea life that is protected is the crab walnut.

The position of the Banggai Regency strategic sea which can smoothen the flow of distribution of goods and services with the province of North Maluku, which will enhance the mobility of the community so that it will provide a positive impact (multiplier effect) for development in various sectors.

With an area of and the magnitude of the population as mentioned above, the implementation of development and service to the community has not yet fully affordable. These conditions need to be overcome by shortening the range of control of the Government through the creation of new autonomous regions so that public services can be improved in order to accelerate the realization of the welfare society.

Further having regard to the aspirations of the community who poured in: a. a decision of the House of representatives Banggai Islands Regency Area number: 06/PARLIAMENT/2004 of 20 July 2004 concerning Proposal Banggai Islands Regency Extraction;
b. the decision of the House of representatives Banggai Islands Regency Area number: 10/KPTS/PARLIAMENT/2006 dated 9 December 2006 about Approval of the expansion Proposal Regency of Banggai Archipelago into two Districts;
c. the decision of the House of representatives Banggai Islands Regency Area number: 08/KPTS/PARLIAMENT/2007 dated 28 May 2007 on establishment of the Banggai District approval of the Proposal;
d. Waiver of Banggai Islands Regency LEGISLATIVE Leadership on 20 March 2007 on the willingness of the budget Allocated to the Parent County BUDGETS County of the expansion during the three (3) consecutive years;
e. decision of the House of representatives District of Banggai Islands number: 05/KPTS/PARLIAMENT/2008 August 8, 2008 on the approval of the release of the Town into a New autonomous region Territory Coverage (DOB);
f. the decision of the House of representatives Banggai Islands Regency Area number: 06/KPTS/PARLIAMENT/2008 August 8, 2008 on the approval of the awarding of Grants to support the Organization of the Government of the Regency of Banggai Sea for 3 years in a row;
g. decisions of the House of representatives District of Banggai Islands number: 07/KPTS/PARLIAMENT/2008 August 8, 2008 on the approval of the financial support for the holding of the election of the head of the First Regional District of Banggai sea;
h. Decisions of representatives of Banggai Islands Regency Area number: 08/KPTS/PARLIAMENT/2008 August 8, 2008 on the approval of the surrender of the wealth of the area owned by the form of Chattels Or doesn't move, personnel, accounts receivable, Debt and documents used in the autonomous region of New Candidates;
i. decision of the House of representatives Banggai Islands Regency Area number: 09/KPTS/PARLIAMENT/2008 August 8, 2008 on the approval of the surrender of Office facilities and infrastructure used by Candidates of the new autonomous region (DOB) for organizing the Government;
j. Decisions of representatives Banggai Islands Regency Area number: 12/KPTS/PARLIAMENT/2010 may 26, 2010 about the approval of the establishment of New autonomous regions (DOB) and Banggai Regency's name Seas;
k. Decision of representatives Banggai Islands Regency Area number: 13/KPTS/PARLIAMENT/2010 may 26, 2010 on approval of the location of the capital of the New autonomous region (DOB) in Banggai Regency of Banggai Sea;
b.  The decision of the House of representatives Banggai Islands Regency Area number: 14/KPTS/PARLIAMENT/2010 may 26, 2010 about the approval of the release of the Town into a New autonomous region Territory Coverage (DOB) Banggai Regency of the sea;
d. decisions of the House of representatives Banggai Islands Regency Area number: 15/KPTS/PARLIAMENT/2010 may 26, 2010 on approval of the grant Grants to support organization of the Banggai Regency, reign of the sea for three years in a row;
n. Decision of representatives Banggai Islands Regency Area number: 16/KPTS/PARLIAMENT/2010 may 26, 2010 on approval of financial support for the holding of the election of the head of the First Regional District of Banggai sea;
o. decisions of the House of representatives District of Banggai Islands number: 17/KPTS/PARLIAMENT/2010 may 26, 2010 about the approval of the surrender of the wealth of the area owned by the form of Chattels Or doesn't move, personnel, accounts receivable, Debt and documents used in the New autonomous region Candidate (DOB) Banggai Regency of the sea;
v. decisions of the House of representatives District of Banggai Islands number: 18/KPTS/PARLIAMENT/2010 may 26, 2010 about the approval of the surrender of Office facilities and infrastructure used by Candidates of the new autonomous region (DOB) District of Banggai sea for organizing the Government;
q. the Banggai islands of Regent Decree number: 90 years 2008 August 8, 2008 on the approval of the establishment of the Banggai Regency of the sea;
r. Banggai Islands Governors Decision number: 91 Years 2008 August 8, 2008 on the approval of the release of the Town into a Sea of Banggai Area Coverage;
s. Banggai Islands Governors Decision number: 92 in 2008 August 8, 2008 on the approval of Allocating Funds ABPD Banggai Islands Regency To support the activities of the Organization of the Banggai Regency Government to his sea;
q. Decision Regent Banggai Islands number: 93 Years 2008 August 8, 2008 on the approval of the surrender of the wealth and assets of the Banggai Regency Area To the sea;
u. Decision Regent Banggai Islands number: 94 in 2008 August 8, 2008 on approval of the grant allocation of funds for the Organization of the First Elections to the Regency of Banggai sea;
v. decisions of the Banggai Islands Governors number: 133 of 2010 on May 31, 2010 about the approval of the establishment of the Banggai Regency of the sea;
d. decisions of the Banggai Islands Governors number: 134 in 2010 on May 31, 2010 on approval of the release of the Town into a Sea of Banggai Area Coverage;
x. decisions of the Banggai Islands Governors number: 135-year 2010 on May 31, 2010 on approval of the grant allocation of funds for the holding of Elections In the county taken from the sea;
y. Banggai Islands Governors Decision number: 136 in 2010 on May 31, 2010 on approval of the GRANT Funds Allocate District of Banggai Islands To support the activities of the Organization of the Banggai Regency Government to his sea;
z. Banggai Regent Decree Number: 137 Islands in 2010 on May 31, 2010 about the approval of the surrender of wealth and assets to the Regency of Banggai sea;
AA. The decision of the House of representatives of the regional province of Central Sulawesi PARLIAMENT: 15/Number/2007 of 16 April 2007 on the acceptance of the proposal of Banggai Islands Regency to 2 (two) autonomous region in Central Sulawesi province;
BB. The decision of the Chairman of the House of representatives of the regional province of Central Sulawesi's number: 23/PIMP-PARLIAMENT/2007 September 28, 2007 on Renewed financial support assistance for the formation of the county taken from the sea;
CC. Decision of the Representatives of regional central Sulawesi province number: 29/PARLIAMENT/2008 4 December 2008 on the approval of the name of the candidate for the candidate's area of Coverage, the County District, and Prospective capital of Banggai Regency of the sea;
DD. Decision of the Representatives of regional central Sulawesi province number: 30/LEGISLATIVE/2008 date of 4 December 2008 on the approval of the Grant funds to support the Organization of the Government and holding of Elections of the head of the region for the first time in Banggai sea;
EE. Decision of the Representatives of regional central Sulawesi province number: 12/PARLIAMENT/2009 dated June 1, 2008 on the approval of the release of the assets of the Province Be a means for the Government Offices and public services on the territory of Prospective Banggai Regency of the sea;
FF Central Sulawesi Governor. the decision number: 135/477/ROPEM-g. ST/2008 of 17 December 2008 on the approval of the establishment and Allocation of aid to prospective District of Banggai Central Sulawesi Province;

Gg. The decision of the Governor of Central Sulawesi's number: 137/198/RO. ADM PEM-G. ST/2009 dated May 8, 2009 on the approval of the transfer of Personnel from the province to Prospective District of Banggai Central Sulawesi Sea; and hh. Central Sulawesi Governor decision number: 135/505/RO. ADM PUM-GST/2010 dated August 9, 2010 about the approval of the establishment and Allocation of assistance to potential Sea Banggai Regency, Central Sulawesi province.

Based on this, has done a thorough and in-depth study regarding the feasibility of the establishment of the region and concludes that it needs to be formed District of Banggai sea.

Banggai Regency sea that is the expansion of the Banggai Islands Regency consists of 7 (seven) districts, namely sub district of Banggai, Banggai North, district, sub-district of Bangkurung Islands Bokan, Labobo Subdistrict, district of Banggai, Banggai sub district and South Central. Banggai Regency of the sea has an area of approximately 725.67 km2 with an overall population of approximately 63,580 souls in 2012 and consists of 66 (sixty-six) villages.

With the formation of the Regency of Banggai sea as autonomous region of Central Sulawesi province, the Government is obliged to assist and facilitate the establishment of institutional Representatives of the regional and other regions that efficiently and effectively in accordance with needs and capabilities, as well as assist and facilitate the transfer of personnel, transfer of assets and documents for the purpose of organizing local governance in order to improve public services and accelerate the attainment of community welfare in Banggai Regency of the sea.

In carrying out autonomous region, district of Banggai Sea need to conduct various economic improvement efforts, preparation of infrastructure governance, empowerment, and the improvement of human resources, as well as the management of natural resources in accordance with the legislation.
II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear.
Article 2 is quite clear.
Article 3 paragraph (1) letter a villages that fall into the scope of Sub Sea Tinakin is the village of Banggai, the village of Lampa, Kokini Village, village Lambako, village Pololoba, village Potil, Village white sand Shoal, Village Lompio, Village Bonunungan, Tano and Dodung Villages.
Letter b Village in Banggai Subdistrict coverage North is the village of Kendek, village of new Bone, Tolise Village Tubono, village Paisumosoni, Popisi Village, and the village Lokotoi.
The letter c is a village in the Sub-district coverage Bokan Kepulauan is a village Toropot, village Kokudang, village Nggasuang, village Ndindibung, village Paisubebe, village Bungin, village Kaukes, village Mbuang, village Panapat Mbuang, village Timpaus, village of Cassowary, a village, the village of Sonit Minanga, village Bolokut, village, Mandel and Keak Village.
Letter d Village in Bangkurung Subdistrict coverage is the village of Togong, village of Taduno Sago, village Lantibung, village Kanari, village Kalupapi, village Bone Bone, village Mbeleang, village Tabulang, village Sasabobok, village Luean, Lalong Bungin Village, and Dungkean Village.
The letter e of the village in the Sub-district Labobo coverage is the reason, the village Lipulalongo, village Paisulamo, village Mansalean, village Lalong, Bontosi Village, Liputalas Village, and Padingkian Village.
Letter f Village in Banggai South subdistrict of coverage is a village Tolokibit, village Bentean, village Matanga, village of Malino Padas, Palm Village, and the village of Labuan Kapelak.
The letter g Village in Banggai Central sub district coverage is Village Monsongan, village Timbong, village Adean, village Badumpayan, village Gonggong, Mominit Village, Tintingo Village, and Lalongo Village Posos.
Subsection (2) is quite clear.
Article 4 referred to Banggai Islands after the formation of the county taken from the sea was covering Kecamatan Totikung, Totikum Subdistrict, district, Sub-district, sub-district Bulagi Buko Subdistrict, South Tinangkung, Kecamatan Bulagi Selatan Subdistrict, South Totikum, the Most Central, district, sub-district of Northern Buko Bulagi Selatan Subdistrict, and Tinangkung.
Article 5 paragraph (1) is quite clear.
Paragraph (2) Attachment map coverage areas depicted on a scale of 1:100,000.

The definition of related parties consent is consent in the form of Banggai Regent signature Islands and Chairman of the House of representatives District of Banggai Islands area of coverage of the new autonomous region bordering on a map published body of Geospatial Information (BIG).
Paragraph (3) is quite clear.
Article 6 paragraph (1) is quite clear.
Paragraph (2) in the framework of the development of the county taken from the sea especially to the planning and organization of the Government, the implementation of construction and community service in the future, as well as the development of infrastructure, development and civic Government, required the existence of a unity of development planning. For that Plan Spatial Banggai Sea should be arranged in harmonious and integrated with Spatial Plan area of national, provincial, and district/city.
Article 7 is quite clear.
Article 8 is quite clear.
Article 9 inauguration of the district and the appointment of the acting Regent Banggai Sea can be done simultaneously and its implementation can be carried out in the capital city, the provincial capital, or capital city of the district.
Article 10 paragraph (1) is quite clear.
Paragraph (2) the acting Regent Banggai Sea proposed by Governor of Central Sulawesi with consideration of Regent Banggai Islands.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) is quite clear.
Subsection (6) is quite clear.
Article 11 the costs of the implementation of the election of the Regent and Vice Regent of Banggai or Sea for the first time comes from a grant Budget revenues and Expenditures District of Banggai Islands and aid Fund Budget revenue and Shopping areas of Central Sulawesi province.
Article 12 is quite clear.
Chapter 13 is quite clear.
Article 14 paragraph (1) is quite clear.
Subsection (2) is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) in order to achieve effectiveness and results to the Organization of Government, the implementation of development and civic services, use employees, land, office buildings, and equipment, as well as the public service has been in existence for this task in the implementation of the Government District of Banggai Islands within Banggai sea.

In the framework of orderly administration, necessary legal action in the form of delivery of personnel, assets, and documents the Banggai Islands Regency Government to Banggai Regency Government sea.

Regional-owned enterprises (BUMD) District of Banggai Islands based, activities, and its location in the Regency of Banggai Regency Government handed Seas Banggai Kepulauan Banggai Regency to the ruler of the sea.

In terms of Area owned enterprises (BUMD) that its operational activities include services/parent district and new Regency, the local authorities concerned do work the same.

Debts receivable that its use is utilized for District of Banggai Regency Government handed Seas Banggai Kepulauan Banggai Regency to the ruler of the sea.

With regard to the handover arrangements, created a list of inventory.
Subsection (6) is quite clear.
Paragraph (7) surrender of assets and documents done in accordance with the legislation.
Subsection (8) is quite clear.
Subsection (9) is quite clear.
Article 15 paragraph (1) is quite clear.
Subsection (2) is quite clear.
Paragraph (3) the funds transfer to be done to improve the people's welfare and to optimize public services and not used only for development and/or procurement of infrastructure in between Office, Home Office, and service vehicles.
Article 16 paragraph (1) does provide relief funds in this provision is the grant amount is based on the decision of the Regents Banggai Islands Number 135 in 2010 on May 31, 2010 and the decision of the House of representatives District of Banggai Islands number 15/KPTS/PARLIAMENT/2010 may 26, 2010, as well as for the implementation of the election of the Regent and Vice Regent Sea was first Taken in accordance with the decision of the Regents Banggai Islands Number 136 in 2010 on May 31, 2010 and the decision of the House of representatives Banggai Islands Regency Area folk number 16/KPTS/PARLIAMENT/2010 may 26, 2010.
Subsection (2) does provide relief funds in this provision is the grant amount is based on the decision of the Governor of Central Sulawesi's number 135/505/RO. ADM PUM-G. ST/2010 dated August 9, 2010 and the decision of the House of representatives of the regional province of Central Sulawesi's number 30/DPRD2008 dated December 4, 2008, as well as for the implementation of the election of the Regent and Vice Regent Sea was first Taken in accordance with the decision of the Governor of Central Sulawesi's number 135/505/RO. ADM PUM-G. ST/2010 dated August 9, 2010 and the decision of the House of representatives of the regional province of Central Sulawesi's number 30/DPRD2008 dated December 4, 2008.
Paragraph (3) is quite clear.
Subsection (4) a reduction in equalization funds appropriate reception mechanisms provided for in the regulation of the Minister of finance regarding the allocation of fund-cutting Ordinance and public funds for the parent area/province of results that do not meet the obligations of grants/funding aid to the new autonomous region.
Subsection (5) a reduction in equalization funds appropriate reception mechanisms provided for in the regulation of the Minister of finance regarding the allocation of fund-cutting Ordinance and public funds for the parent area/province of results that do not meet the obligations of grants/funding aid to the new autonomous region.
Subsection (6) is quite clear.
Paragraph (7) is quite clear.
Article 17 is clear enough.
Article 18 is quite clear.
Article 19 is quite clear.
Article 20 is quite clear.
Clause 21 is quite clear.
Section 22 is quite clear.
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