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Government Regulation Substitute Act No. 1 Of 2008

Original Language Title: Peraturan Pemerintah Pengganti Undang-undang Nomor 1 Tahun 2008

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 57, 2008 (Explanation In Addition of the Republic of Indonesia State Number 4842)

GOVERNMENT REGULATION
REPLACE THE REPUBLICAN ACT OF INDONESIA
No. 1 YEAR 2008
ABOUT
THE CHANGES TO THE LAW NUMBER 21 IN 2001
ABOUT SPECIAL AUTONOMY FOR THE PROVINCE OF PAPUA


WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that the existence of West Irian Jaya Province which was then transformed into the province of West Papua, in reality has been running governmental and development affairs as well as providing services to the community since 2003, but not yet Applied Special Autonomy under Act No. 21 of 2001 on Special Autonomy For Papua Province;
., b. That the establishment of Special Autonomy for West Papua province requires urgent legal certainty and immediately in order not to incur the accelerated development of development in particular the social, economic, and political spheres and infrastructure in the Province. West Papua;
., c. that based on consideration as referred to in letter a and letter b, need to establish the Rule of Government Replacement of the Act on Changes to the Law No. 21 Year 2001 on Special Autonomy For the Province of Papua;

.,, Given: 1. Article 22 of the Basic Law of the State of the Republic of Indonesia Year of 1945;
., 2. Law Number 21 Of 2001 On Special Autonomy For Papua Province (sheet Of State Of The Republic Of Indonesia In 2001 Number 135, Additional Sheet Of State Republic Indonesia Number 4151);
., 3. Law No. 32 of the Year 2004 on the Government of Regions (Indonesian Republic of Indonesia 2004 Number 125 and Additional Sheet of State of the Republic of Indonesia No. 4437), as amended by Act No. 8 of 2005 of the Republic of Indonesia Rule Number 3 Act 2005 on Change of Law Number 32 Year 2004 on the Government of the Regions to Act (State Sheet of the Republic of Indonesia Year 2005 Number 108 and Additional Sheet of State of Indonesia No. 4548);

DECIDED:

.,, SET: REGULATION OF THE GOVERNMENT ' S REPLACEMENT LAWS ON THE CHANGES TO THE 2001 LAW NUMBER 21 ON SPECIAL AUTONOMY FOR THE PROVINCE OF PAPUA.

Section 1
Some provisions in Act No. 21 of 2001 on Special Autonomy of the Province of Papua (State of the Republic of Indonesia in 2001 Number 135, Additional Gazette of the Republic of Indonesia Number 4151) are changed as follows:

., 1. The provisions of Article 1 of the letter are amended, so that Article 1 reads as follows:
.,,
" Article 1
In this Act referred to:
., a., a. The province of Papua is the province of Irian Jaya which later became the Province of Papua and the Province of West Papua, which was given Special Autonomy within the framework of the Republic of Indonesia.
., b. Special autonomy is a special authority recognized and granted to the province of Papua to regulate and take care of the interests of the local community according to the initiative itself based on the aspirations and rights of the Papuan people.
., c. The Central Government, subsequently called the Government, is a State of the Union of the Republic of Indonesia which is composed of the President and the Ministers;
., d. The Regional Government of Papua Province is the Governor and other devices as the Executive Board of the Province of Papua.
., e. The governor of Papua Province, subsequently called the Governor, is the Regional Head and Head of Government responsible for organizing the government in Papua Province and as a representative of the Government in the Province of Papua.
., f. The Papuan People's Representative Council, later called the DPRP, is the Regional People's Representative Council of the Province of Papua as the legislative body of the province of Papua Papua.
., g. The Papuan People's Assembly, which is then called MRP, is a cultural representation of the indigenous people of Papua, who have certain authority in order to protect the rights of the native Papuan people with respect to their customs and culture, Women's empowerment, and the carpentry of religious life as set out in this Act.
., h. The Regional emblem is the banner of greatness and cultural symbol for the splendour of the self-identity of Papuans in the form of regional flags and regional songs that are not positioned as a symbol of sovereignty.
., i. Special Regional Regulation, which is then called Perdasus, is the Regional Regulation of the Province of Papua in order to carry out certain chapters in this Act.
., j. The Provincial Rule, which is then called Perdasi, is the Regional Regulation of the Province of Papua in order to exercise authority as set forth in the laws.
., k. The District, formerly known as Subdistrict, is the working area of the District Head as a County/City area device.
., l. A village, called by another name, is a unit of legal society that has the authority to organize and take care of the interests of local people based on local origins and customs recognized in the government system. nationwide and is in the County/City area.
., m. A group of people who form a single unit consisting of various elements within the village and are chosen and recognized by the local people to advise and advise. Consideration of the Home Government.
., n. Human rights, henchmen, are called human rights, are a set of rights attached to the nature and existence of man as a creature of God, the Almighty, and is his gift that is required to be respected, held in high esteem, and protected by the human rights of the Lord. country, law, government, and any person for the honor and protection of the harkat and human dignity.
., o. Custom is a recognized custom, adhered to and institutionable, as well as being maintained by the local indigenous peoples.
., p. Indigenous people are indigenous people of Papua living within the region and are bound and subject to a particular custom with a high sense of solidarity among its members.
., q. The Customary Law is an unwritten rule or norm that lives in the indigenous laws of law, regulates, binding and defended, and has sanctions.
., r. The Customary Law Society is a native Papuan citizen who has since his birth lived in a particular region and is bound and subject to certain customary laws with a high sense of solidarity among its members.
., s. The rights of the Ulayat are the right of the communion that is held by a particular legal society over a particular region that is the living environment of its citizens, which includes the right to make use of the land, the forest, and the water and its contents according to the rules of the law.
., t. Papuan Aboriginals are a Melanesian race family consisting of native tribes in the province of Papua and/or persons who are accepted and recognized as native Papuans by the indigenous people of Papua.
., u. The inhabitants of the province of Papua, who are subsequently called residents, are all persons who, according to the terms, are registered and reside in the Papua province. "

., 2. The provisions of Article 7 of the paragraph (1) of the letters a and the letter l are removed, so that Article 7 reads as follows:
.,,
" Article 7
(1) The DPRP has the task and the authority:
., a., a. removed;
., b. proposes the appointment of the Governor and the Deputy Governor elected to the President of the Republic of Indonesia;
.,, c. proposed dismissal of the Governor and/or Deputy Governor to the President of the Republic of Indonesia;
., d. assemble and establish the policy direction of regional governance and regional development programs and its performance benchmarks together with the Governor;
., e. discuss and establish the Regional Revenue and Shopping Budget together with the Governor;
f. discussing the design of Perdasus and the Pertie together with the Governor;
G. establish Perdasus and Perdasi;
., h. with the Governor compiling and establishing the Basic Pattern of the Development of the Province of Papua with guidelines on the National Development Program and regard for the specificity of the Province of Papua;
., i. provide an opinion and consideration to the Regional Government of Papua Province on the international treaty plan which concerns the interests of the area;
J. carrying out surveillance of:
.,
.,, 1) the execution of Perdasus, Perdation, Governor ' s Decision and other Regional Government policies;
., 2) the implementation of the governance of government affairs which became the Regional authority of the Province of Papua;
3) implementation of the Regional Revenue and Shopping Budget;
4) implementation of international cooperation in Papua Province.
., k. Paying attention to and channeling aspiration, receiving complaints and complaints of the residents of the province of Papua; and
I. deleted.
.,, (2) The execution of duty and authority as referred to in paragraph (1) is governed in the DPRP Act of Order Ordinance in accordance with the laws. "

Section II
The Rule of Government Substitutes Act goes into effect on the promulgated date.

In order for everyone to know, order the Government Regulation inviters of this Act with its placement in the State Sheet of the Republic of Indonesia.

.,, Set in Jakarta
on April 16, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on April 16, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

ANDI MATTALATTA


ADDITIONAL
STATE SHEET RI

No. 4842 (Explanation Of State Sheet 2008 Number 57)

EXPLANATION
Above
GOVERNMENT REGULATION
REPLACE THE REPUBLICAN ACT OF INDONESIA
No. 1 YEAR 2008
ABOUT
THE CHANGES TO THE LAW NUMBER 21 IN 2001
ABOUT SPECIAL AUTONOMY FOR THE PROVINCE OF PAPUA

I. UMUM

.,, Papua province is Irian Jaya Province which later became the Province of Papua and the Province of West Papua in the framework of the State of the Republic of Indonesia, but in West Papua Province it has not yet enforced Special Autonomy under the Act of No. 21 In 2001 on Special Autonomy For Papua Province.
., the existence of West Irian Jaya Province which was then transformed into West Papua Province, in reality has been running governmental and development affairs as well as providing services to the community since 2003, but has not yet been enacted Special Autonomy under Law Number 21 of 2001 on Special Autonomy For Papua Province.
.,, the Empowerment of Special Autonomy for West Papua Province requires urgent legal certainty and immediately in order not to incur the accelerated development of development in particular the social, economic, and political spheres and infrastructure in the Province West Papua.
.,, the Region of Papua Province at this time includes Jayapura County, Merauke Regency, Biak Numfor County, Mimika County, Jayawijaya Regency, Puncak Jaya Regency, Paniai Regency, Nabire County, Yapen Waropen County, Jayapura City, Waropen County, Supiori County, Star Mountain County, Yahukimo Regency, Boven Digul Regency, Tolikara County, Keerom County, Asmat County, Mappi County, Sarmi County, Menamo Greater Regency, Central Memberamo Regency, Yalimo County, Lanny Jaya Regency, Nduga Regency, Peak County, And Dogiyai County.
.,, the Region of West Papua Province at this time includes the Manokwari County, Wondama Bay County, Bintuni Bay County, Fak-Fak County, Kaimana Regency, Sorong County, Raja Ampat County, South Sorong County, and Sorong City.
.,, in relation to that as well as in order to optimize the implementation and effectiveness of government in the Province of West Papua, then Act No. 21 of 2001 on Special Autonomy For Papua Province needs to be enforced as well for Province of West Papua, as the basis for the implementation of Special Autonomy Law in West Papua Province.
.,, based on the above consideration then in accordance with the authority as referred to in Article 22 of the paragraph (1) of the Constitution of the Republic of Indonesia in 1945, the President argues that the terms of the matter are still the force of the force. are met to establish the Rule of Government Replacement of the Act on Changes to the Law Number 21 Year 2001 on Special Autonomy For Papua Province.

II. SECTION BY SECTION

Section I
.,, pretty clear.

Section II
.,, pretty clear.