Regulatory Region Number Number 8 In 2008 In 2008

Original Language Title: Peraturan Daerah Nomor NOMOR 8 TAHUN 2008 Tahun 2008

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kalsel8-2008 REGULATORY REGIONS of SOUTH KALIMANTAN PROVINCE number 8 in 2008 ABOUT the MANAGEMENT of ANTIQUITIES, HISTORICAL, TRADITIONAL VALUES and PERMUSEUMAN with the GRACE of GOD ALMIGHTY SOUTH KALIMANTAN GOVERNOR, Considering: a. that in South Kalimantan region there are relic antiquities, historical and traditional values are diverse, reflecting the character of the community of South Kalimantan; b. that the museum as storage of cultural relics that are useful for education and tourism; c. that in accordance with the authority of the provinces as autonomous regions, provinces have the authority in the management of the archaeological, historical, traditional values and permuseuman; d. that based on considerations as referred to in letter a, letter b and c need to form the letters PeraturanDaerah on managing the Antiquities, Historical, traditional values and Permuseuman; Remember: 1. Act No. 25 of 1956 Jo. Act No. 21 of 1958 concerning the determination of the Emergency Law number 10 1957, among others, regarding the formation of Autonomous Regional level I of South Kalimantan (Gazette Republic of Indonesia Number 65 in 1956, an additional Sheet of the Republic of Indonesia Number 1106); 2. Law No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); 3. Act No. 9 of 1990 about Tourism (State Gazette of the Republic of Indonesia Number 78 in 1990, an additional Sheet of the Republic of Indonesia Number 3427); 4. Act No. 5 of 1992 about the Objects of cultural heritage (the State Gazette of the Republic of Indonesia Number 27 in 1992, an additional Sheet of the Republic of Indonesia Number 3470); 5. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 6 Law Number 32 of 2004 concerning Regional Government www.djpp.depkumham.go.id (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 7. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725); 8. Government Regulation No. 10 of 1993 on the implementation of Act No. 5 of 1992 about the Objects of cultural heritage (the State Gazette of the Republic of Indonesia No. 14 of 1993, an additional Sheet of the Republic of Indonesia Number 3516); 9. Government Regulation number 19 in 1995 about the Maintenance and utilization of cultural heritage Objects at the Museum (State Gazette of the Republic of Indonesia Number 35 in 1995, an additional Sheet of the Republic of Indonesia Number 3599); 10. Government Regulation Number 79 in 2005 about Coaching Guidelines and oversight organization of local governments (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 11. Government Regulation Number 38 in 2007 about PembagianUrusan of government administration, local governance and local governance Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 12. the presidential Regulation No. 1 of 2007 about the Endorsement, the Enactment of legislation, and deployment; 13. the regulations of level I of South Kalimantan Region number 02 1987 about Investigator civil servants in local government Environment level I of South Kalimantan (Kalimantan Selatan Province Region Gazette 1987 No. 5); 14. Local regulations of South Kalimantan province number 5 in 2008 about the Affairs of Government Authority Into the provincial Government of South Kalimantan (Kalimantan Selatan Area Slabs in 2008 No. 5); Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL PROVINCE of SOUTH KALIMANTAN and SOUTH KALIMANTAN GOVERNOR decide: www.djpp.depkumham.go.id Setting: LOCAL REGULATIONS on MANAGING the ANTIQUITIES, HISTORICAL, TRADITIONAL VALUES and PERMUSEUMAN. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is the province of South Kalimantan. 2. Local Government is the Governor and the region as organizer of local governance. 3. The Governor is the Governor of the province of South Kalimantan. 4. the Department is Department of culture and tourism of South Kalimantan province. 5. Management of Antiquities, Kesejarahaan, traditional values and a Permuseuman hereinafter referred to as the management is a series of events that include pangkajian, protection, preservation, development and utilization in the field of Antiquities, historical, traditional values and the true Permuseuman is an object of cultural heritage (BCG). 6. Antiquities is all cultural relics society past Prehistoric style. Hindu-Buddhism, Islam or colonial. 7. Objects of cultural heritage are: a. the manmade objects, moving or not moving in the form of unity or group, or its parts or fragments, which was at the lack of 50 (fifty) years, or representing a typical style of the period and represents the period styles of at least 50 (fifty) years and are considered to have value important to history, science, and culture. b. natural objects that are considered to have value important to history, science, and culture. 8.9. The site is the location of the containing or suspected to contain objects of cultural heritage including its environment that is required for pengamanannya. Cultural relics are all moving objects and does not move into cultural heritage. 10. Historical dynamics is a tejadi event in the past in various aspects of life and the reconstruction of those events, as well as relics of the past in the form of a thought or a written text of the oral tradition. 11. Traditional values are abstract concepts about the basic problem which is important and useful in life and human life which is reflected in the attitude and behaviour that then cling to customs. 12. Permuseuman is all the ins and outs of or pertaining to the museum. www.djpp.depkumham.go.id


13. The community is an individual or a group of persons or business entities or non-governmental organizations. CHAPTER II OBJECTIVES and SCOPE Management chapter 2 aims to: a. protect, safeguard and preserve cultural relics in South Kalimantan; b. maintain and develop the traditional values which constitute the identity and as a symbol of pride for the region and communities of South Kalimantan; c. increase the understanding of public awareness of the history of South Kalimantan; d. raising awareness, awareness and aspiration towards cultural relics South Kalimantan; e. uplifting love motherland, nationalism and patriotism; f. stir up motivation, inspiration and memparkaya expand vocabulary for people in work in the field of culture. Article 3 scope management includes the following: a. cultural relics, sites and lingkungannnya in South Kalimantan; b. assessment, writing and dissemination of historical South Kalimantan; c. the traditional values that are contained in all the cultural aspects of South Kalimantan; and d. the collection, maintenance, utilization of cultural heritage objects of proof in South Kalimantan. CHAPTER III MANAGEMENT of the first part of the authority and responsibilities of article 4 (1) the Governor has the authority and responsibility to do maintenance in the field of Antiquities, historical, traditional values and permuseuman at the local level. (2) the exercise of authority and responsibility referred to in subsection (1) is carried out by the Department. www.djpp.depkumham.go.id the second part of article 5 Antiquities Authority and responsibility in the field of Antiquities as referred to in article 4 paragraph (1) includes the following: a. logging, record keeping, and documentation of the cultural heritage against the spread in the region of South Kalimantan and or controlled by the public; b. the Ministry of the discovery of cultural relics that are still buried in the ground; c. redenomination towards the discovery of cultural heritage; and d. arrangements for the utilization of social interests, culture, education and tourism. Article 6 (1) for the purposes of technical Department is obliged to: a. conduct the preservation, maintenance, protection and utilization of cultural heritage, top sites and protection; and b. doing socialization antiquities in accordance with technical standards of archaeology to the community widely, systematic and purposeful. (2) the implementation of the obligations referred to in subsection (1) done by involving the local community, experts and other parties concerned. Article 7 (1) the results of the discovery of the cultural relics in the form of moving objects are stored in the museum. (2) the results of the discovery of the cultural relics in the form of not moving on land belonging to the individuals needs to be freed with a given replacement in accordance with the legislation in force. (3) Provisions regarding the results referred to in paragraph (1) and paragraph (2) be governed more by Regulation of the Governor. Article 8 (1) in the case of the community find and or store objects of cultural heritage, then compulsory register Office. (2) deadline for registration referred to in subsection (1) do the longest 15 (fifteen) days. (3) the Duty referred to in subsection (1) is required to document happenings heritage objects stored by the community. (4) the procedures for the registration and disclosure requirements as referred to in paragraph (1), subsection (2) and paragraph (3) are governed further by regulation of the Governor. www.djpp.depkumham.go.id article 9 (1) cultural heritage can be exploited for the benefit of social, cultural, tourism and scientific activities (2) procedures for the utilization of cultural relics as referred to in paragraph (1) are governed by regulation of the Governor in accordance with the legislation in force. The third Historical section of article 10 (1) the authority and responsibility in the field of historical as referred to in article 4 paragraph (1) includes the following: a. the maintenance, protection and study of historical sources for the writing of history; b. development of South Kalimantan history through historical writing objectively and scientifically; c. maintenance and election results history;d an d. utilization results writing history with mensosialisasikannya through the education, mass media, publishing of periodicals and other publications which means accessible to all walks of life. (2) the implementation of the provisions referred to in subsection (1) is carried out by the Office by engaging experts and the public. Part four traditional values of article 11 (1) the authority and responsibility in the field of traditional values referred to in article 4 paragraph (1) includes the following: a. the assessment, maintenance and development of traditional values in South Kalimantan that are dipedomani by the community in conduct that and Act, which covers aspects of expressions, proverbs, stories, ceremonies and traditional folk game architecture, ancient texts, knowledge systems, systems development, traditional kampung adat community arsektur , and other traditional values that grow and grow in the community of South Kalimantan; b. maintenance and selection against the traditional values that correspond to the times; and c. the preservation aspects of traditional architecture through the construction of a building for the public and businesses belonging to the local government. www.djpp.depkumham.go.id


(2) the protection of the community who use and develop the traditional values of his life. (3) the results of the study of traditional values of Pensosialisasian of South Kalimantan at the public at large. (4) Implementation as referred to in subsection (1) is carried out by the Office by engaging experts and the public. The fifth section of the Permuseuman article 12 (1) the authority and responsibility in the area of permuseuman referred to in article 4 paragraph (1) includes organizing, gathering, assessment, care, safeguarding and exploiting the objects results culture, nature and the environment. (2) the provisions as referred to in paragraph (1) was implemented by the Department by involving experts and related isntansi. Article 13 (1) of any object that is the collection of the museum should pay attention to the criteria: a. historical and scientific value; b. have identity according to form and his type and style, function and origin is historically, geographically genos in order of biology or periodization in geology; and c. be a monument to history and culture. (2) the museum collections as mentioned in subsection (1) must be verbally and visually documented in accordance with the technical provisions of permuseuman through the activities of the study. Article 14 (1) museum collections cannot be sold and or transferable (2) for the purposes of service to the community, every museum can lend each other collections. (3) the Organization of museum works closely with agencies and other institutions of good government as well as society. (4) provision of more about loaning the museum collections as mentioned in subsection (2) and paragraph (3) are governed further by regulation of the Governor. Article 15 (1) the collection of the museum collections conducted by Department and UPT Museum (2) in the case of collection of collection referred to in paragraph (1) the objects of the cultural and natural heritage belongs to the public good that is given, replaced a loss, as well as the mandatory deposited are eligible as follows: www.djpp.depkumham.go.id a. proof of legal ownership; b. has obtained the consent of the heirs; and c. a testament poured in news events. (3) further Provisions concerning the collection of the museum collections as mentioned in subsection (2) are governed further by regulation of the Governor. Article 16 (1) the care of museum collections is done to prevent and cope with the damage caused by the collection of natural factors and or humans. (2) treatment of museum collections implemented inside the treatment rooms with the way certain techniques and in accordance with rule permuseuman. Article 17 (1) Safeguarding museum collections is done to maintain the authenticity, the integrity and completeness of the collection. (2) the implementation of the safeguards referred to in paragraph (1) is carried out by an authorized officer. Article 18 (1) utilization of museum collections can be done for the benefit of education, research, tourism, and exploiting penghayatan more along does not cause damage, loss or removal of objects of museum collections. (2) the person who manages the museum authorities set policy utilization in accordance with the legislation in force. (3) specifically for the utilization of the importance of education, school organizers urged students to make a visit to the museum. Article 19 (1) in terms of the utilization of museum collections as stipulated in article 18 paragraph (1), the person who manages the museum obliged to pass through the permanent exhibition and temporary, or slide or film screenings, video, museum tour, guidance and counseling, lectures, seminars, preparation of book research results, as well as other forms of ways and serves as a means of presentation of the museum's collections. (2) the party who manages the museum reserves the right to undertake the renovation of the permanent exhibition layout by improving the layout of the exhibition, the means of collection and replacement or addition of a new collection with at least done in 5 (five) years. www.djpp.depkumham.go.id CHAPTER IV on the ROLE of the COMMUNITY AS WELL AS article 20 (1) of the community participate in the management of the archaeological, historical, traditional values and permuseuman. (2) the role of the community as referred to in subsection (1) is conducted in the form of: a. receiving and giving information; b. conducting assessment and development is working with relevant agencies; c. stating objections in writing and oral against government policies that cause negative impacts to cultural heritage objects and d. providing input for decision making. Chapter V CONTROL and SUPERVISION Article 21 control and supervision over the implementation of local regulations is done by the Governor who in practice carried out by the Office of coordinating with relevant agencies. CHAPTER VI section 22 FINANCING Financing management of Antiquities, historical, traditional values, and permuseuman came from the budget of income and Expenditure area (BUDGETS). CHAPTER VII PROVISIONS of the INVESTIGATION Section 23 (1) of the particular civil servant Officials in the local government environment was authorized as a special investigator to conduct the investigation of criminal acts referred to in the regulation of this area. (2) the authority of the investigator as referred to in subsection (1) is: www.djpp.depkumham.go.id


a. received, searching, collecting and researching information or reports regarding the criminal offence referred to in the regulation of this area in order to make the report or information to be complete and clear; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed with respect to a crime referred to in the regulation of this area; c. requesting information and evidence from a private person or entity with respect to any criminal offence referred to in the regulation of this area; d. examine the books, records and other documents with respect to a crime referred to in the regulation of this area; e did a shakedown to get evidence bookkeeping, record keeping and other documents, as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of the crime referred to in the regulation of this area; g. telling someone quit or leave the room or place at the time of the ongoing examination and checking the identity of the person or document that was taken as stated on the letter e; h. photographing someone related to the criminal offence referred to in the regulation of this area; i. call the people to be heard and examined his statement as a suspect or a witness; j. held the cessation of investigation after receiving instructions from the national police investigators that there was no sufficient evidence or such events does not constitute a criminal offence and subsequently through the Investigator notify the matter to the public prosecutor, the suspect or his family; k. Perform other actions that are necessary for the smooth running of proceedings of a criminal offence as referred to in rule this area according to the law which can be accounted for; (3) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of the investigation to the public prosecutor's Office officials through the police in accordance with the provisions of the law of criminal procedure in force. CHAPTER VIII of the CRIMINAL PROVISIONS of section 24 (1) anyone who does not register the objects of cultural heritage and controlled or owned by the public authorities authorities as provided for in article 8 paragraph (1), are convicted of confinement of not longer than three (3) months or a maximum fine of Rp 5,000,000.0.-(five million rupiah). www.djpp.depkumham.go.id (2) a criminal offence as referred to subsection (1) is an offence. (3) in addition to the threat of criminal confinement or fines referred to subsection (1), against the violation of article 8 paragraph (1) may be subject to fines or criminal threats in accordance with that set forth in the applicable legislation. CHAPTER IX TRANSITIONAL PROVISIONS Article 25 (1) (2) with the introduction of the regulation of this area, all the provisions governing the management of Antiquities, historical, traditional values and the museum stated it still stated remains valid along does not conflict and has not changed based on local regulations. At the time the regulations come into effect, this area of cultural heritage objects that are not yet registered are given within 6 months from the date of Enactment of the regulation of this area. CHAPTER X PROVISIONS COVER Article 26 the provisions more about things that are not yet provided for in the regulation of this area all about technical implementation is further regulated by regulation of the Governor. Article 27 of the regulation in this Area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece of the regional province of South Kalimantan. Set in Banjarmasin in SOUTH KALIMANTAN GOVERNOR date, h. RUDY ARIFFIN Enacted in Banjarmasin on REGIONAL SECRETARY of the PROVINCE of SOUTH KALIMANTAN, h. m. GAFURI MUCHLIS SHEET REGION of SOUTH KALIMANTAN in 2008 number 8 www.djpp.depkumham.go.id EXPLANATION of APPLICABLE LOCAL SOUTH KALIMANTAN PROVINCE number 8 in 2008 ABOUT the MANAGEMENT of ANTIQUITIES, HISTORICAL, value TRADINISONAL and PERMUSEUMAN i. GENERAL In South Kalimantan region have found various forms of heritage Antiquities , some of which reflect the distinctive characteristics when compared to other parts of the Malay Archipelago. To develop the regional culture in the field of historical in particular concerning awareness of history, historical events, local history and local history to do the writing activities and socialization values historical South Kalimantan. South Kalimantan as the area of culture, has a number of cultural values and social norms informing the thinking and the behavior of its citizens, a variety of traditional expression is an example of the description of the community view of life that has the values of community life that is sublime and it's important to be kept, preserved and handed down to the next generation. Objects of cultural value are scattered in nature either scattered on the surface, there is still in the ground or by the individual need to be stored at the museum to be protected and utilized for the benefit of the development of science, as well as tourism. II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear. Article 2 is quite clear. Article 3 is quite clear. Article 4 is quite clear. Article 5 is quite clear. Article 6 paragraph (1) is quite clear. Paragraph (2) what is meant by the parties concerned for example, collectors and lovers of ancient objects. Article 7 paragraph (1) moving objects are objects that can be moved for example ceramics, earthenware, Kris and so forth paragraph (2) www.djpp.depkumham.go.id


Is quite clear. Article 8 is quite clear. Article 9 paragraph (1) is quite clear. Article 10 paragraph (1) historical sources consist of:-Source writings namely manuscript (handwritten), archives, letters, newspapers, magazines, books and other sources of objects namely sculpture, inscriptions, weapons, monuments, buildings, stationery, currency, etc. The oral sources (historical figure), tape, film, folklore, and others. Subsection (2) is quite clear. Article 11 paragraph (1) the letter c. The preservation aspects of traditional architecture through building and Office area should be characteristic of Banjar Bubung House architecture. Article 12 is quite clear Article 13 paragraph (1) of the community basically cannot submit his cultural objects to the museum in vain. This is to remove the impression of society, as if the museum is a place of storage objects are not used/not useful. The criteria is given the Provincial State museum is a general museum store types/classification collection according the study, namely: Collection of Antiquities, biologika etnografika, arkeologika, historika, numismatika, heraldika, filologika, keramologika, fine art and teknologika. Subsection (2)-collection of the Documentation in question is the recording of the collection on the parent books, kartutik or computer includes historical background, and the function of the collection on the Community-Documentation includes verbal, colored, black and white photos and slides. Article 14 paragraph (1) www.djpp.depkumham.go.id is quite clear. Paragraph (2) Loan collection is done to meet the material exhibition special/temporary. It was given the large number of archaeological and historical collections which has been the museum's collections. Article 15 paragraph (1) the collection of the museum collections can be done in different ways i.e. rewards services, creation of a replica or reproduction, and treasure. Subsection (2) is quite clear. Paragraph (3) is quite clear. Article 16 paragraph (1) is a collection of damages caused by natural factors such as rusty, porous, and others. While the damage due to human factors such as vandalism, for the care of collections requires care and maintenance technical equipment such as fumigation room, laboratories, chemical materials, and others. Collections care technical knowledge can be acquired through education and training or experience. Article 17 collection efforts conducted through Security: a. procurement of completeness and infrastructure security at the museum, including the technical requirements of the building. b. the availability of security personnel. Article 18 is quite clear. Article 19 is quite clear. Article 20 of the community are those individuals or groups of masayarakat or business entities or non-governmental organizations. The role of the community is as a community activity that arise upon interest, the will and desire to move and conduct activities in the field of Antiquities, historical, traditional values and the museum. What is meant by related institutions is the Department of culture and tourism of the province, Kabupaten/Kota, the archaeological Hall, Center for research in history and Traditional Values. Clause 21 is quite clear. www.djpp.depkumham.go.id section 22 is quite clear. Article 23 is quite clear. Article 24 is quite clear. Article 25 is quite clear. Article 26 is quite clear. Article 27 is quite clear. www.djpp.depkumham.go.id

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