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Local Regulations No. 15 Of 2009 Year 2009

Original Language Title: Peraturan Daerah Nomor 15 TAHUN 2009 Tahun 2009

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SHEET CITY OF SAMARINDA

15 YEAR 2009

REGULATION OF THE CITY AREA OF SAMARINDA

NUMBER 15 IN 2009

T E N T A N G

LEVY PERMIT

IN SAMARINDA CITY AREA

WITH THE ALMIGHTY GOD GRACE,

MAYOR SAMARINDA,

TIED

:

a. that in order to grow public awareness of the importance of Basic Health in general to the wider community, there is need to be coaching on health care that includes health care in the fields of Pharmacy, Medicine. Alternative and Optikal;

b. that the establishment of an orderly law is one of the efforts of the Government of Samarinda to increase the degree of health and well-being of the public to support the dynamisation of society against development in the area;

c. that based on Considerations as referred to in the letter a and the b letter above, need to form

2

Given

:

The Regional Regulation on the Smuggling Levy of Health Services In Samarinda City Region.

1. Law No. 27 of 1959 on the Decree of Emergency Law Number 3 of 1959 (sheet of State of the Republic of Iindonesia Year 1953 Number 9, Additional Gazette of the Republic of Indonesia No. 352) on the Establishment of a Level II Region in the United States. Borneo as an Act (Gazette of the Republic of Indonesia in 1959 No. 72, Additional Gazette of the Republic of Indonesia Number 1820);

2. Law No. 23 of 1992 on Health (State Gazette of the Republic of Indonesia in 1992 Number 100, Additional Gazette of the Republic of Indonesia Number 3495);

3. Law No. 5 Year 1997 on Psychotropic (Sheet Country Indonesia In 1997 Number 10, Additional Gazette Republic of Indonesia Number 3671);

4. Law Number 22 Year 1997 On Narcotics (sheet Of State Of The Republic Of Indonesia In 1997 Number 67, Additional Gazette Of The Republic Of Indonesia Number 3698);

5. Law No. 8 of 1999 on Consumer Protection (State Sheet of Indonesia in 1999 No. 42, Additional Gazette of the Republic of Indonesia No. 3821);

6. The Law No. 10 Year 2004 on the Establishment of the Legislation Invitation (sheet State of the Republic of Indonesia in 2004 No. 53 additional sheet of the Republic of Indonesia Number 4389);

7. Law No. 29 of 2004 on the Practice of Medicine (of the Republic of the Republic of Indonesia of the Year

3

2004 Number 116; Additional Sheet Republic Of Indonesia Number 4431);

8. Law No. 32 of the Year 2004 on Local Government (2004 State Gazette number 125; State sheet number 4437) as amended by Law No. 8 of 2005 on Redemption of Government Regulation (Cp). Invite-Invite Number 3 Year 2005 on Changes to the 2004 Act No. 32 of the Local Government (State Gazette 2005 Number 38; Additional Gazette number 4493) into Act (State Sheet of 2005 Number 105; Additional Sheet Country Number 4548) and reconverted for the second time with Law Number 12 Of 2008 (State Gazette 2008 Number 59; Additional State Sheet Number 4844);

9. Law No. 33 of 2004 on the Financial Balance between the Central Government and the Local Government (State Gazette Indonesia Year 2004 Number 126, Additional Gazette of the Republic of Indonesia Number 4438);

10. Law No. 28 Year 2009 on Regional Taxes and Levy Area (sheet Of State Of The Republic Of Indonesia In 2009 Number 130, Additional Sheet Of State Of Indonesia Republic Number 5049);

11. Government Regulation No. 25 of 1980 on Change and Additional Government Regulation No. 26 of 1965 (State Gazette of the Republic of Indonesia in 1980 Number 40, Additional Gazette of the Republic of Indonesia Number 3169);

12. Government Regulation Number 7 Of 1987 On The Surrender Of A Part Of Government Affairs In The Field Of Health To The Local Government (sheet Of State

4

The Republic Of Indonesia In 1987 Number 9, The Additional Sheet Of The Republic Of Indonesia Number 3347);

13. Government Regulation No. 41 of 1990 on the Bakti Period and Permission Employment Apoteker (State Gazette of the Republic of Indonesia in 1990 Number 55, Additional Gazette of the Republic of Indonesia Number 3422);

14. Government Regulation Number 32 of 1996 on Health Power (State Sheet Of 1996 Number 49 Additional Sheet Country Number 3637);

15. Government Regulation No. 72 Year 1998 on Pharmacy Supplies and Health Tools (Additional Gazette State Number 3781);

16. Government Regulation No. 66 of 2001 on Regional Retribution (Indonesian Republic Gazette 2001 Number 119, Additional Gazette Republic Indonesia Number 4139);

17. Government Regulation No. 38 of 2007 on the Division of Affairs between the Government of the Province and the Government of District/City (State of the Republic of Indonesia in 2007 No. 82, additional Gazette of the Republic of Indonesia Number 4737);

18. Decision of the Minister of Health of the Republic of Indonesia No. 167 /Kab/B. VII/1972, 1993 on Retail Retail Licence and General Directorate General POM Number 02469 /A/VI/1983 dated June 25, 1983 on drugs that could be sold by the Licensed Drug Store ;

19. Regulation of the Minister of Health of the Republic of Indonesia Number 037 /Birhub/1973 about the Vajib List of Shinse/Tabib;

20. Regulation of the Minister of Health of the Republic of Indonesia Number 339 /Menkes/PER/V/1989 about the Work of the Dentistry.

5

21. Regulations of the Minister of Health of the Republic of Indonesia Number 184 /Menkes////II/1995 about the Improvement Of the Implementation of the Duties And Permission of the Apoteker;

22. Regulation of the Minister of Health of the Republic of Indonesia Number 1332/Menkes/SK/X/2002 on the implementation of Traditional Medicine;

23. Decision of the Minister of Health of the Republic of Indonesia No. 436 of the Year 1993 on the Act of Medik Service Standards in the Hospital;

24. The decision of the Minister of Health of the Republic of Indonesia No. 735 /Menkes/SK/VII/1993 on the Real Cession of Government Affairs in the field of Health to the Government of Propinsi in Level I and Government of the Regional Region of Regions II;

25. Decision of the Minister of Health of the Republic of Indonesia No. 922 on the technical guidelines of the Government of Health Affairs division between the Government, Local Government of the Province and the District/City Local Government;

26. Joint Decision of the Minister of Health and Minister of the Interior of the Republic of Indonesia Number 934 /Menkes/SKB/II/1996 and Number 17 of 1996 on the Guidelines for the Implementation of the Health Care Act on the Public Health Center;

27. Decision of the Minister of Health of the Republic of Indonesia No. 1107 of 2000 on Minimal Authority of Health required for County/City area;

28. The decision of the Minister of the Interior and Regional Autonomy of the Republic of Indonesia Number 50 of 2000 dated 17 November 2000 on the Organization of Health Services and the City;

6

29. Decision of the Minister of Health of the Republic of Indonesia No. 573 /Menkes/SK/VI/2008 on the Standards Professorship of the Apoteker Assistant;

30. Decision of the Minister of Health of the Republic of Indonesia No. 04 /Menkes/SK/I/2001 on the Private Health Laboratory;

31. Decision of the Minister of Health of the Republic of Indonesia Number 900 /Menkes/SK/VII/2002 on the Registrations and Practice of Bidan;

32. The decision of the Minister of Health of the Republic of Indonesia No. 1332/Kepmenkes/SK/X/2002 on the Apotheque; Jo. Regulations of the Minister of Health of the Republic of Indonesia No. 922/Menkes/Per/X/1996 dated October 23, 1993 on the Terms and Conditions of the Apothetical Licensing;

33. The decision of the Minister of Health of the Republic of Indonesia No. 1424 /Menkes/SK/XI/2002 on the Optimism of an Optikal; Jo. Regulations of the Minister of Health of the Republic of Indonesia No. 113 /Menkes/Per/IV/1979, regarding the Governing of the Optikal;

34. The decision of the Minister of Health of the Republic of IndonesiaNumber 1076 /Menkes/SK/VII/2003 on the Traditional Treatment of Treatment;

35. Decision of the Minister of Health of the Republic of Indonesia Number 1627 /Menkes/SK/IX/2004 on the Standards of Pharmacy Service in the Apotheque;

36. Decision of the Minister of Health of the Republic of Indonesia Number 369 /Menkes/SK/III/2007 on the Standard Professorship Bidan;

37. Decision of the Minister of Health of the Republic of Indonesia No. 512/MENKE/PER/IV/2007 on Pratic Permit and the Implementation Of Pratic medicine;

7

38. The decision of the Minister of Health of the Republic of Indonesia Number 121 /Menkes/SK/II/2008 on the Union of Herbal Medical Standards;

39. Decision of the Minister of Health of the Republic of Indonesia No. 269 /MENKE/PER/III/2008 on medical record;

40. The decision of the Minister of Health of the Republic of Indonesia No. 571 /MENKEWS/SK/VI/2008 on the Standard Occupational Profession Therapist;

41. The decision of Dirjen Binkesmas Depkes Republic of Indonesia No. 664 /Binkesmas/DJ/V/1987 on the Implementation Of Basic Health Efforts;

42. Samarinda City Rule Number 12 Year 2000 on Permission Disorders;

With The Joint Agreement

THE PEOPLE REPRESENTATIVE COUNCIL OF THE CITY OF SAMARINDA

AND

MAYOR SAMARINDA

DECIDED:

SET SAMARINDA ' S MUNICIPAL REGULATIONS ON THE PERMISSION OF THE HEALTH MINISTRY

8

BAB I

provisions of UMUM

Article 1

In this Region Regulation is referred to: 1. Area is the City of Samarinda;

2. Local Government is the Governing Affairs of Government by the Local Government and the DPRD menutrut the autonomy and duties of the host with the principle of autonomy within the citem and the principle of the State of the Republic of Indonesia as a result of the rule of the State of Indonesia. referred to in the State of the Republic of Indonesia Act 1945;

3. Local Government is the Mayor and Regional Device as an organizer of the Regional Governance;

4. The next autonomous region is called the Region is a unit of legal society that has a certain area limits authorized to regulate and take care of the interests of the local community according to the initiative itself based on the aspirations of the people in bonds. United States of the Republic of Indonesia;

5. The Regional People's Representative Council (DPRD) is the Regional People's Representative Council as the organizer of the Regional Government;

6. Mayor is the Mayor of Samarinda;

7. The Deputy Mayor is the Deputy Mayor of Samarinda;

8. Additional revenue, financial management and Regional Assets ( DPPKAD ) is the Revenue Service, Financial Management and Regional Assets of the City of Samarinda;

9. Health Service is the City Health Service of Samarinda;

10. The Head of the Service is the Head of the City Health Service of Samarinda;

11. Agency is a form of enterprise entity that includes limited individuals, individual commanders, other individuals, business entities

9

belongs to a country or region with any name and shape, fellowship, sorority, firm, confederation, cooperative, foundation or organization of a kind, institution, pension, fixed-form form as well as any other entity;

12. Officials is an employee who is given a specific assignment in the area of Regional Retribution in accordance with applicable laws;

13. Permission is a health care hosting permit;

14. Health Service is a series of activities to a person in the framework of observation, diagnosis, treatment, treatment, action and counseling;

15. Private Health Services in the field of medik is an integral part and a network of medik services organized by individuals, groups or foundations that include primarily healing (curative) efforts and recovery (rehabilitation);

16. Basic Medic Service is the medik service of individuals or families in a society exercised by the health care of a General Doctor or Dentist;

17. Specific Medic Service is the medial service of individuals or families in the society exercised by a Specialist Doctor or Specialist Dentistry or a Specialist Doctor group;

18. Healthcare is any person who is devoted to health as well as having knowledge and or skills through education in health care that for certain types requires the authority to make an effort health;

19. Health Means is a place used to host health efforts;

20. Alternative/Traditional Medicine is a non conventional treatment service activity that includes promotional, preventive, curative and rehabilitative efforts;

21. Social Functions is to reflect the efforts of the medik service by considering the rewards of services that the public can reach and provide a portion of the outpatient care facility for people

10

which is less or cannot be able to pay in accordance with the applicable laws;

22. General Hospital is the venue for basic and specialistic medial services, medik support services, installation services and outpatient services and outpatient;

23. Special Hospital is a place of service that organizes certain specialistic medik services, medical support services, installation services and care services outpatient and outpatient;

24. The Maternity Home is the site of hosting obstetrics for pregnant, maternity and physical nifas, including the service of the Family Planning and the care of newbores;

25. Maternity Hospital is the home of a monastic service for pregnant, maternity and pathological and pathological nifas, including Family Planning and the care of newbores;

26. Drug Store is a private person or a Legal Body that has a permit to store limited free drugs (list W) for sale in particular retail;

27. Pharmacy is a place of pharmacist work and the distribution of pharmaceutical supplies to the Society;

28. Pest Control is a person or Agency that sells, circulate a pesticide;

29. Individual Practice is the holding of the medic service by a health force;

30. Group practice is the joint medical care host by the health force;

31. Next Pratik Permission Letter is called SIP there is a written proof of authoring the authority to run the work according to its expertise in the hosting of health services;

11

32. SIK ' s next working permit is a written proof given to the health care power to do the job of hosting a health service;

33. The Mother and Child Welfare Hall (BKIA) is to provide basic medik services to pregnant women, babies, pre-school children and Family Planning;

34. Treatment Hall/Clinic is the place to provide a basic medik service outpatient;

35. Examination is a series of activities to seek, collect and manage data and or other captions in order of supervision of the compliance compliance obligations of the area under the laws of the area levy;

36. The investigation of the Criminal Act in the area of the Regional Retribution is a series of measures carried out by the Civil Service Investigators, who are then called investigators, to search and collect evidence that with the evidence makes light of the follow-up. criminal in the area of Regional Retribution that occurred as well as finding the suspect;

37. Treasury Area is the Kas of the Samarinda City Area;

38. Health Recommendation which is later abbreviated Recommendation is the awarding of the health administration papers.

BAB II

INTENT AND PURPOSE

Section 2

The coaching, setting and supervision of the hosting of private health care, pharmacy, dentists, alternatife and optical medicine are intended as an attempt to improve the role as well as the private side

12

evenly, reachable and acceptable to the public in accordance with the national health system.

Article 3

The purpose of coaching, setting and supervision of the hosting of services Private health, pharmaceuticals, dentists, alternative and optical medicine, as referred to section 2 in the Regulation of the Regions in order to have the value of benefit, and provide a sense of security for the service users.

BAB III

HEALTH SERVICE

Article 4

Health services have fields consisting of

a medik field b medik field

Article 5

(1) The medical field health service consists of:

a. The Basic Medic Service is a public medical service that is exercised by the health care of the general physician and the dentist or the general physician group and the dentist group.

b. A specialist medic service is a medical service to individuals and families in a society that is exercised by the health care of a specialist physician and a specialist dental physician or a specialist physician group and specialist dentist group.

13

(2) Basic medics type of Service as referred to in paragraph (1) the letter includes:

a. Nurse Practice

b. Nurse group practice

c. The practice of dental nurses

d. The practice of Bidan

e. The practice of group bidan

f. Oppressive refractionist practice

g. The Physiotherfire Practice

h. Assistant pharmacist practice

i. Apothecary practice

j. Radiographer practice

k. General physician practice

l. The dentist's practice

m. General physician group practice

n. The practice of the dentist ' s group

o. Treatment hall

p. Mother and son health hall (BKIA)

q. Copied kelinic

r. Other basic medical services types justified by higher laws

(3) specialist medik services as referred to in the paragraph

(1) letter b include:

a. The pratic individual doctor's b. The pratic individual dentists are a c. A pratic group of specialist d doctors. Pratik group dentists specialist e. Public Hospital

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f. Other types of specialist medik services justified by higher laws

Article 6

(1) Medic support is all means or activities that support the medik service

(2) Type The Medic Field Health Care Service as referred to in paragraph (1) consists of:

a. Clinic B Lab. Public Health Laboratory c. Pharmacy d. The drugstore. Optikal f. Pest Control g. Health care and household health care store h. Other types of medik field health care that are

justified by higher legislation

BAB IV

NAME, OBJECT AND SUBJECT LEVY

Article 7

With the name of the levy for the holding of private health services, pharmaceuticals, dentists, alternative and optical medicine

Article 8

Object Retribution is the granting of permits to perform medic service practices including:

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1. Drugstore

2. Apothetics

3. Compulsory List of Traditional/Bib/Alternative Medicine

4. Complementary treatment practice-alternative

5. Doctor Practice

6. Practice Doctor Gigi

7. Specialist Doctor Practice

8. Specialist Dental Doctor Practice

9. Joint Practice of Doctors, Dentists and Specialist Doctors

10. Practice Bidan

11. Assistant Apoteker's Practice

12. Treatment Hall/Clinic

13. Mother and Child Health Hall

14. Clinic Lab

15. Radiology Laboratory

16. Medical Check Up

17. Medik Rehabilitation Clinic

18. Physiotherapy Clinic

19. Optikal

20. Maternity Home

21. Corpse delivery recommendation

22. The gear technique

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Article 9

The Perizinan Subject is a person or legal entity that obtained a permit or a mandatory list to host private medical, pharmaceutical, alternative and optical medicine services.

BAB V

PERIZitis

Article 10

(1) Any health force consisting of Nurse, Dentist, Bidan, Fisiotherapis, Doctor, Dentist, Specialist Doctor, Specialist Dentistry, Apoteker, Assistant Apoteker, Pharmaceutical Analyst, Refractionist Optsien and Radiographer who hosting a health service, Wajib has the Permission of the Mayor or an appointed Officer;

(2) A person or group of persons or bodies that organizes the health facilities of the Mandatory Service have the permission of the Mayor or Acting Officer appointed;

(3) Permission valid for 5 (five) years except for alternative treatment, the drug store applies 3 (three) years once;

(4) Permission as specified in paragraph 1 and 2 is provided after meeting the requirements that include the terms Administrative and technical terms.

Section 11

Technical requirements for Each type of Service Levy Levy, Pharmacy, Alternative Medicine and Optikal is further set up by the Mayor Regulation

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Article 12

Tata manner of requests for permission as referred to in chapter V of Section 10 of this Section Regulation, will be further set up with the Mayor's Regulation Samarinda

BAB VI

THE WAY MEASURING SERVICE USAGE LEVEL

Article 13

The service usage level is measured based on the type classification and the type of health services provided.

BAB VII

STRUCTURE AND MAGNITUDE TARIF

Article 14

(1) The tariff structure is classed by classification of business types and types of private health care.

(2) The structure and magnitude of the tariff as referred to paragraph 1 (one) above are set as follows:

a. General Doctors ' practice ......

b. Specialist physician practice ...

c. The dental practice of dentists .........

d. Specialist Dental Physician practice

e. Individual Bidan practices ....

Rp. 250,000,-

Rp. 350,000,-

Rp. 250,000,-

Rp. 350,000,-

Rp. 150,000,-

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f. Assistant Apoteker Practice ...

g. Prapratic Apoteker ... ....

h. The Medicine Hall/Clinic ...

i. Mother and Child Health Hall ......

j. The maternity home is a copy of ...

k. Maternity Hospital ...

l. The pharmacy ...

m. The drugstore ...

n. Your Jamu stall ..........

o. Optikal. ...

p. Alternative/Traditional Treatment ......

q. Registration and Nurse Practice .........

r. Dental registration and registration permit ...

s. Registration and Physiotherapist Practice Permit ...

t. An Optisien Refractionist Service registration and permit.

u. Certificates of Body Delivery License and

v. examination of the diploma from DKK Samarinda

w. pratic of dental technics

Rp. 150,000,-

Rp. 250,000,-

Rp. 500,000,-

Rp. 500,000,-

Rp. 500,000,-

Rp. 1 million,-

Rp. 700,000,-

Rp. 300,000,-

Rp. 200,000,-

Rp. 600,000,-

Rp. 200,000,-

Rp. 250,000,-

Rp. 250,000,-

Rp. 250,000,-

Rp. 250,000,-

Rp 500,000,-

Rp 250,000,-

Rp. 250,000,-

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BAB VIII

COACHING AND SUPERVISION

Section 15

(1) The coaching and supervision of the implementation of this area Regulation shall be the authority of the mayor or the designated Officer

(2) Coaching and The surveillance as a paragraph (1) should be required to provide and place personnel and or equipment both manually and with a computerized system

(3) Coaching and supervision as specified in paragraph (2) is performed. periodically by forming the team, the costs arising in the coaching activities and supervision of being charged or becoming a City Government liability

(4) The Mayor or Acting Officer in conducting Coaching and Oversight may coordinate with the organization of the profession and or other agencies

Article 16

Coaching and Oversight on the alignment of health care other than those set up in the Regulation of the Regions will be further set up with the Mayor Regulation

20

BAB IX

SANCTION ADMINISTRATION

revocation of permissions

Article 17

Permission can be revoked, because one of the following things:

(a) Conduct violations and or felon relating to the Hosting of Health Services, as referred to in Chapter III of Section 4.5, 6 and 8 of these Regional Regulations.

(b) Not running its efforts for 2 (two) years consecutive

(c) Special hosting of health services in section 8 figures 11 and 16 which employ healthcare does not have SIK and SIP in accordance with applicable Laws

Article 18

(1) The revocation of the permit as referred to in section 17 is exercised most Thirty (thirty) days of work after being given a written warning of 3 (three) times

(2) The written warning or revocation of the permit is exercised by the Mayor or the designated official.

The cancellation of the permit

Section 19

Permission is declared null if:

a. The businessman has decided not to forward his business or his efforts to disperse

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b. The holder of the death of the world

c. It was moved by a permit holder without a written permission from the Mayor or the designated official

d. On the right to the business place or the type of attempt to remove

BAB X

INQUIRY

Article 18

In addition to the general investigator, the investigation of the criminal act as referred to in Chapter III of Article 4, 5, 6 And 8 of these Regional Regulations are carried out by civil servants (PPNS) in the environment of the Government of the City of Samarinda

Article 19

In carrying out the assignment of the investigation, Investigators of the civil servants as intended. in section 23 authorized:

a. Receive, search, collect and research reports or reports with respect to the funds

b. Research, search and collect information about personal or body persons about the correctness of actions that are committed in connection with the criminal act

c. Request caption and evidence from a private person or body in connection with a criminal offence

d. Check for books, records and other documents with regard to criminal acts

e. Conducting a search warrant for bookkeeping, logging, and other documents and confiscation of the evidence

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f. Requesting expert power assistance in order to perform the investigation task of the fund

g. Making a stop, forbidding a person to leave the room or place at the time of the examination is underway and check the identity of the person or document brought in as referred to in the letter (e);

h. Taking fingerprints and photographing someone with respect to the criminal act

i. Calling people to be heard of his description and being examined as a suspect or witness

j. Conducting a termination of the investigation after receiving instructions from the police officer of the Republic of Indonesia, that there is not enough evidence or the event is not a result of the fund and subsequent through the Investigator of the Police of the Republic of Indonesia is telling the truth. it is to the public prosecutor, the suspect or his family

k. Perform other actions that need to be accounted for.

BAB XI

CRIMINAL provisions

Section 20

(1) The violation of the file Under the provisions of Section III of Section III, Section 4, 5, 6 and 8 of the Regulation of this area, are threatened with imprisonment for the longest 6 (six) months or a fine of the most Rp 50,000,000,-(fifty million rupiah).

(2) Criminal Tindak as referred to in paragraph (1) is a violation

(3) Denda as referred to in paragraph (1) entry to the area coffers

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BAB XII

provisions TRANSITION

Article 21

(1) All permissions obtained under the existing regulations prior to the expiration of this Act remain in effect until the end of the term. Permissions

(2) Special apothetical permissions acquired before the specified local regulations are required to submit a new permit for the longest 1 (one) year since the rule of this area applies

(3) with the enactment of this Section Regulation, then Area Rule 32 Of 2003 (section Area Number 32 Of 2003 Series B Number 22) As Well As The provisions of the Law to the extent set the same thing above are unplugged and do not apply.

BAB XIII

provisions CLOSURE

Article 22

Things are not yet set in This area's regulations as long as the technical implementation will be set up later with the Mayor's rules.

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Article 23

The rules of this area begin to take effect on the date of promulgations

For each person to know it, ordering the invitation of this Regional Regulation with its placement in the section of the section.

Specified in Samarinda on September 25, 2009 MAYOR OF SAMARINDA,

H. ACHMAD AMIN

UNDRASED in Samarinda on September 25, 2009

SECRETARY OF THE CITY AREA OF SAMARINDA,

HM FADLY ILLA

The Madya Main Pembina Nip. 19530620198212 1 002

LEAF AREA OF THE CITY OF SAMARINDA 2009 NUMBER 15 26