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Law of the Republic of Indonesia
Number 22 of 1999
RegardingRegional Governments
By The Grace of the One God Almighty
The President of the Republic of
Indonesia
Considering:
-
that the government system of the Unitary
State of the Republic of Indonesia according to the 1945 Constitution allows
the Regions to carry out Regional Autonomy;
-
that in carrying out Regional Autonomy,
it is deemed necessary to emphasize the principles of democracy, the participation
of the community, equality, justice, and concern with the potential and
diversity of each regions;
-
that in facing the situational development
within as well as without the country, and the challenge of global competition,
it is deemed necessary to carry out Regional Autonomy by proportionally
granting to the regions extensive, real, and responsible authority to be
realized through regulating, sharing and utilizing national resources,
and through Central and Regional Financial Balance, in conformity with
the principles of democracy, the participating role of the community, and
the potential and diversity of the Regions, implemented within the frame
work of the Unitary State of the Republic of Indonesia;
-
that Law no.5 of 1974 regarding the principles
of Government in the Regions (State Bulletin no. 3037) is no longer in
conformity with the principles of carrying on Regional Autonomy and the
situational development, and thus should be replaced;
-
that Law no. 5 of 1979 regarding Village
Government (State Bulletin of 1999 no. 56, Supplement to State Bulletin
no. 3153), which institutes uniformity of name, form, structure, and position
of villages, is not in conformity with the 1945 Constitution and the necessity
of acknowledging and honouring the special traditional rights of a region,
and thus should be repealed;
-
that consequently, it is necessary to
establish a Law on Regional Governments to replace Law no.5 of 1974 regarding
the Principles of Regional Government and Law no.5 of 1979 regarding Village
Governments;
In view of:
-
Article 1 sub-article (1), Article 5 sub-article
(1), Article 18, and Article 20 sub-article (1) of the 1945 Constitution;
-
Decree of the Supreme Council of People's
Deliberation of the Republic of Indonesia No. X/MPR/1998 regarding the
Principles of Reformation of the Development within the Framework of Safeguarding
and Normalising National Finance as the Course of the State;
-
Decree of the Supreme Council of People's
Deliberation of the Republic of Indonesia No. XI/MPR/1998 regarding the
Administration of a State that is clean and free of Corruption, Collusion
and Nepotism;
-
Decree of the Supreme Council of People's
Deliberation of the Republic of Indonesia no. XV/MPR/1998 regarding the
Implementation of Regional of Autonomy, justly Regulating, Sharing and
Utilizing National Resources, and Central and Regional Financial Balance
within the framework of the Unitary State of the Republic of Indonesia;
-
Law no.4 of 1999 regarding the Structure
and Position of the People's Consultative Assembly the House of People's
Representatives, and the Regional Houses of People's Representatives (State
Bulletin of 1999 no. 24, State Bulletin Supplement no. 3811);
With the Consent of the House
of People's Representatives of the Republic of Indonesia
H a s D e c i d e d:
To Establish:The Law Regarding
Regional Government
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Law:
-
Central Government, hereinafter referred
to as Government, refers to the apparatus of the Unitary State of the Republic
of Indonesia comprising the President and the Ministers.
-
Regional Government refers to the Head
of a Region and the Autonomous Region's other apparatus which function
as its Regional Executive Body.
-
Regional House of People's Representatives,
hereinafter referred to as DPRD, refers to the Regional Legislative Body;
-
Regional Government refers to the administration
of government of an Autonomous Region by the Regional Governments and DPRDs
in conformity with the decentralization principle.
-
Decentralization refers to the transfer
of government authority by the Government to an Autonomous Region within
the frame work of the Unitary State of the Republic of Indonesia.
-
Deconcentration refers to the delegation
of authority from the Government to a Governor as the representative of
the Government and or as the central government's apparatus in a region.
-
Supporting task refers to the task assignment
from the Government to a region and village and from a region to a village
in order to carry out a special task together with financing of facilities,
infrastructure, and human resources and with the obligation to report on
and account for the implementation to the party that gives the task assignment.
-
Regional Autonomy refers to an autonomous
region's authority to arrange and take care of the local community's interests
on its own initiative based on the community's aspiration and legislative
rules.
-
Autonomous Region, hereinafter referred
to as Region, refers to a legal community entity that has territorial boundaries,
and the authority to arrange and take care of the local community's interests
on its own initiative, based on the community's aspiration within the bond
of the Unitary State of the Republic of Indonesia.
-
Administrative Area refers to the work
area of a Governor as the representative of the Government.
-
Vertical institution refers to the departmental
and/or non-department apparatus in a region.
-
Authorized Official refers to a Government
official at the central and/or provincial level who is entitled to develop
and control Regional Government administration.
-
Sub-District (Kecamatan) refers to the
work area of a Head of a Sub-District (Camat) as an apparatus of a regency
and an urban region.
-
Village (Kelurahan) refers to the work
area of a Head of a Village (Lurah) as an apparatus of a regency and/or
urban region under a Sub-District.
-
Village or as named otherwise refers to
a legal community entity entitled to arrange and take care of the local
community based on hereditary and local traditions which is acknowledged
by the National Government and resorts under a Regency.
-
Rural area refers to an area where the
main activity is agricultural, including the management of natural resources,
with the area's composition of functions comprising a rural residential
area, providing government services, and services in the social and economic
field.
-
Urban area/City refers to an area where
the main activity is not agricultural, with the area's composition of functions
apart from being an urban residential area, comprising a centre and distribution
of government services, and providing services in the social and economic
field.
CHAPTER II
REGIONAL GOVERNMENT
Article 2
-
The territory of the Unitary State of
the Republic of Indonesia is divided in autonomous Provinces, Regencies,
and Cities.
-
A Province also functions as an Administrative
Area.
Article 3
The territory of a Province referred
to in Article 2 sub-article (1) consists of land territory and sea territory
which extends twelve sea miles measured from the coast line in the direction
of the open sea and/or archipelagic sea.
CHAPTER III
FORMING AND STRUCTURE OF THE REGIONS
Article 4
-
Within the framework of implementing the
principle of decentralization, provinces, regencies, and cities are formed
with the authority to arrange and take care of the interests of the local
community on their own initiative and based on the aspirations of the community.
-
The regions referred to in sub-article
(1) stand respectively on their own and have no hierarchical relationship
amongst them.
Article 5
-
A region is formed based on considerations
of its economic capability, regional, socio-cultural, socio-political potential,
population, territorial size, and other considerations, which enable an
autonomous region to function.
-
The determination of a region's name,
boundaries, and capital city as referred to in sub-article (1) is established
by Law.
-
Changing boundaries not resulting in eliminating
a region, altering a region's name, and relocating a capital city is established
by Government Regulation.
-
The requirements of forming a region as
referred to in sub-article (1) are established by Government Regulation.
Article 6
-
A region, which is unable to carry out
regional autonomy, may be dissolved and merged with another region.
-
A region may be expanded into more than
one region.
-
The criteria for dissolving, merging and
expanding regions as referred to in sub-article (1) and (2) are established
by Government Regulation.
-
Dissolving, Merging, and Expanding Regions
as referred to in sub-article (1) and (2) are established by Law.
CHAPTER IV
A REGION'S AUTHORITY
Article 7
-
A Region's authority embraces the entire
government authority, except authority in foreign affairs, defence and
security, jurisdiction, and monetary, fiscal, and religious affairs and
authority in other fields.
-
The authority in other fields as referred
to in sub-article (1) comprises the policies regarding national planning
and macro national development directing, financial balancing funds, State
and state economic institute administrative systems, human resources guidance
and development, utilizing strategic resources and high technology, nationwide
conservation and standardization.
Article 8
-
The government authority, which is within
the decentralization framework delegated to the Governor shall be accompagnied
with appropriate expenditure commensurate with the delegated authority.
-
The government authority, which is within
the deconcentration framework delegated to the Governor shall be accompanied
with appropriate expenditure commensurate with the delegated authority.
Article 9
-
The authority of a Province as an Autonomous
Region embraces the cross relationship in the field of government among
regencies and cities, and authority in certain government sectors.
-
The authority of a Province as an Autonomous
Region embraces also authority which a Regency of a City is not or not
yet capable of implementation.
-
The authority of a Province as an administrative
area embraces the authority in the field of government delegated to the
Governor as the head of government.
Article 10
-
A Region is authorized to manage national
resources available in its area and is responsible for attending to the
sustainment of the environment according to the legislative rules.
-
A Region's authority regarding sea territory
referred to in article 3, encompasses:
-
exploration, exploitation, conservation,
and management of marine resources within the confinement of said sea territory;
-
regulation of administrative interests;
-
spatial design regulation;
-
enforcement of the law in respect of regulations
issued by the Region or transferred to its entitlement by the Government;
-
support the maintenance of the security
and souverignty of the State;
-
The authority of a Regency and City on
sea territory referred to in sub-article (2) is as far as one-third of
a Province's territory extending out to sea;
-
Further arrangement of stipulations referred
to in sub-article (2) are established by Government Regulation.
Article 11
-
The authority of a Regency and City encompasses
any government authority except the authority stated as exceptional in
Article 7 and arranged in Article 9;
-
The government functions which a Regency
and City are obliged to implement encompass public works, health, education,
industry and trade, capital investment, living environment, agriculture,
cooperatives, and manpower.
Article 12
Further arrangement on provisions referred
to in article 7 and article 9 are established by Government Regulation.
Article 13
-
The Government may charge a Region with
certain tasks within the framework of task assignments accompanied with
expenditure, facilities and infrastructure, human resources, and the obligation
to report on and account for the implementation to the Government.
-
Any task referred to in sub-article (1)
is established by legislative regulation.
CHAPTER V
FORM AND STRUCTURE OF REGIONAL
GOVERNMENTS
First PartGeneral
Article 14
-
In a Region a Regional House of People's
Representatives and a Regional Legislative Body and a Regional Government
as the Regional Executive Body are established.
-
The Regional Government consists of the
Head of the Region and other Regional apparatuses.
Second Part
The Regional House of People's Representatives
Article 15
The position, structure, task, authority,
rights, membership, leadership, and complementary apparatuses of a Regional
House of People's Representatives is established by Law.
Article 16
-
The Regional House of People's Representative
(= DPRD, the abbreviation of Dewan Perwakilan Rakyat Daerah) as the institute
that represents the people in the region concerned is a vehicle for the
implementation of democracy based on Pancasila.
-
The DPRD as the Regional Legislative Body
has a position parallel to that of the Regional Government and is its partner.
-
The DPRD sets up fractions which are not
complementary aparatuses of the DPRD.
-
The implementation of the provisions referred
to in sub-article (1) and (2) are arranged by the DPRD Disciplinary Rules.
Article 18
-
The DPRD has the following tasks and authorities:
-
electing the Governor/Deputy Governor,
Regents/Deputy Regents, and Mayors/Deputy Mayors;
-
electing members as regional delegates
to the MPR (Majelis Permusyawaratan Rakyat = Supreme Council of People's
Deliberation);
-
proposing the appointment and discharge
of the Governor/Deputy Governor, Regents/Deputy Regents, Mayors/Deputy
Mayors;
-
establishing Regional Regulations jointly
with the Governor, Regent, or Mayor;
-
establishing Regional Income and Expenditure
Budgets jointly with the Governor, Regent, or Mayor;
-
controlling:
-
the implementation of Regional Regulations
and other Regional legislative rules;
-
the implementation of Decrees of the Governor,
Regents, and Mayors;
-
the implementation of the Regional Income
and Expenditure Budgets;
-
the Regional Government policies, and
-
the realization of international cooperation
in the Region;
-
providing advice and considerations to
the Government regarding plans on international agreements involving the
Region's interests;
-
receiving and following up on the aspirations
of the region and the community;
-
The implementation of the tasks and authorities
referred to in sub-article (1) is to be arranged in the DPRD's Disciplinary
Rules.
Article 19
-
The DPRD has the authority to:
-
request the accounting for matters from
the Governor, Regent, and Mayor;
-
request information from the Regional
Government;
-
set up inquiries;
-
amend draft Regional Regulations;
-
submit statements of opinion;
-
submit Regional Income and Expenditure
Budgets;
-
establish DPRD Income and Expenditure
Budgets; and
-
establish DPRD Disciplinary Rules.
-
The implementation of the authority referred
to in sub-article (1) is arranged in the DPRD Disciplinary Rules.
Article 20
-
The DPRD has the authority in performing
its task to ask state officials, government officials, or members of the
community to provide information on certain matters which need handling
in the interest of the state, nation, government, and development in general.
-
A state official, government official,
or member of the community who rejects the request referred to in sub-article
(1) is liable to be penalized with detention of maximum one year due to
having degraded the DPRD's respect and honour;
-
The implementation of the authority referred
to in sub-article (1) is to be arranged in the DPRD Disciplinary Rules.
Article 21
-
A DPRD member has:
-
the right to submit inquiries;
-
protocollair right; and
-
financial and administrative right.
-
The implementation of the rights referred
to in sub-article (1) are arranged in the DPRD Disciplinary Rules.
Article 22
The DPRD has the obligation to:
-
defend and maintain the fullness of the
Unitary State of theRepublic of Indonesia,
-
avow Pancasila and the 1945 Constitution,
and abide by all legislative rules by
-
developing democracy in the execution
of the Regional Government,
-
improve the people's welfare in the region
based on a democratized economy, and
-
be concerned with the people and channel
their aspirations, accept their complaints, and facilitate follow-up solution
efforts.
Article 23
-
The DPRD is to hold periodical meetings
at least six times a year.
-
Besides what is referred to in sub-article
(1), at the request of at least one-fifth of the number of its members
or of the Head of the Region, the Chairman of the DPRD, its members may
be invited to hold a meeting within one month at the latest after receipt
of the request.
-
The DPRD holds meetings on the DPRD's
Chairman invitation.
-
The implementation of the provisions referred
to in sub-article (1), (2), and (3) is established in the DPRD Disciplinary
Rules.
Article 24
The DPRD Disciplinary Rules are established
by DPRD decree.
Article 25
DPRD meetings are open for the public,
except when determined to be private based on the DPRD Disciplinary Rules
or concensus among the DPRD's leaders.
Article 26
A private meeting may take decisions,
except regarding:
-
the election of the DPRD's Chairman/Vice
Chairman,
-
the election of the Head/Deputy Head of
the Region,
-
the election of Regional Delegates members
of the MPR (People’s Consultative Assembly),
-
the regional Income and Expenditure Budget,
-
the determination of tax and retribution
changes and annulments,
-
debts, loans, and charges to the Region,
-
Region-owned business ventures,
-
the annulment of claims partly or wholly,
-
the approval of out-of-court solution
of civil cases, and
-
the policy on spatial design.
Article 27
DPRD members cannot be brought to court
for statements and or opinions lodged orally or in writing in open as well
as closed DPRD meetings, except if the member concerned announces something
that in a private meeting has been decided to be kept secret or matters
referred to by provisions on announcement of State secrets in the second
volume, Chapter I of the Criminal Code.
Article 28
-
Investigative actions against DPRD members
may take place based on a written approval of the Minister of Interior
for Provincial DPRD members and of the Governor for members of a DPRD of
a Regency and City, except if the member concerned has been caught in the
act of committing a crime.
-
If a DPRD member has been caught in the
act of committing a crime as referred to in sub-article (1), the Minister
of Interior and or the Governor is informed in writing within at the latest
2 times 24 hours.
Third PartThe DPRD Secretariat
Article 29
-
The DPRD Secretariat assists the DPRD
in the performance of its tasks and authority.
-
The DPRD Secretariat is headed by the
DPRD Secretary, who based on the DPRD Leaders' approval is appointed by
the Head of the Region from Civil State Officials who meet the requirements
concerned.
-
The DPRD Secretary is in performing his
task under the supervision and responsibility of the DPRD Leaders.
-
The DPRD Secretary may provide experts
with the task to assisting DPRD members in performing their personal functions.
-
The DPRD Secretary's Income and Expenditure
Budget is established by DPRD Decree and is included in the Regional Income
and Expenditure Budget.
Fourth PartThe Head of a Region
Article 30
Any Region is headed by a Head of a
Region as the Chief Executive, who is assisted by the Deputy Head of a
Region.
Article 31
-
The Head of a Province is called Governor,
and by virtue of his office, he is also the Representative of the Government.
-
The Governor is in performing his task
and authority responsible to the Provincial DPRD.
-
The procedure of rendering account of
the performance referred to in sub-article (2) is established by DPRD Disciplinary
Rules according to the guidance established by the Government.
-
In a position as government representative,
the Governor resorts and is responsible to the President.
-
The procedure of rendering account for
what is referred to in sub-article (4) is established by the Government.
Article 32
-
The Head of a Regency is called Regent.
-
The Head of a City is called Mayor.
-
In the performance of task and authority
as Head of a Region, The Regent/Mayor is responsible to the DPRD of the
Regency/City concerned.
-
The procedure of accounting for what is
referred to in sub-article (3) is to be established in the DPRD Disciplinary
Rules in conformity with the guidelines established by the Government.
Article 33
Eligibility for appointment as Head
of a Region to any citizen of the Republic of Indonesia is under the following
requirements:
-
faith in the One God;
-
loyalty and obedience to the Unitary State
of the Republic of Indonesia and the legal Government;
-
no involvement in activities of treachery
against the Unitary State of the Republic of Indonesia which is based on
the Pancasila and 1945 Constitution, as stated in the accouchement letter
concerned of the Chairman of the Court of Justice;
-
at least Senior High School and/or equal
education;
-
at least thirty years of age;
-
physically and spiritually healthy;
-
with mind/memory apparently not disturbed;
-
never punished by detention due to having
committed a crime;
-
not deprived of his/her voting right based
on a Court's decision;
-
acquainted with and known by the community
in the Region concerned;
-
submission of a list of personal riches;
and
-
ready to be nominated as a candidate head
of the Region concerned.
Article 34
-
The appointment as Head of the Region
and Deputy Head of theRegion concerned is effected by the DPRD through
a simultaneous election.
-
The Candidate Head of the Region and candidate
Deputy Head of the Region are to be established by the DPRD through stages
of candidacy nomination and election.
-
An Election Committee is formed for the
candidacy nomination and election of the Head and the Deputy Head of the
Region (4) The Chairman and the Vice Chairman of the DPRD are ex officio
the Chairman and Vice Chairman concurrently members of the Election Committee.
-
The DPRD Secretary is ex officio Secretary
non-member of the Election Committee.
Article 35
-
The Election Committee referred to in
article 34 sub-article (3) has the task:
-
of inspecting the identity file of prospective
candidates based on the requirements established in article 33;
-
to carry out technical activities in selecting
candidates; and
-
to serve as the responsible party of the
election.
-
The prospective candidates for Head of
the Region and Deputy Head of the Region who meet the requirements according
to the results of the inspection that has been carried out by the Election
Committee as referred to in sub-article (1), are proposed to the DPRD to
be established as candidates for Head and Deputy Head of the Region.
Article 36
-
Each faction may carry out a selection
screening for pairs of candidates who meet the requirements determined
in Article 3.
-
Each faction may determine two candidates
for the Head of a Region and the Deputy Head of a Region and submits them
in a plenary meeting to the Chairman of the DPRD.
-
Two or more factions may jointly propose
a pair of candidates for Head of a Region and Deputy Head of a Region as
referred to in sub-article (1).
Article 37
-
Any of the joint factions may give an
exposition of their prospective candidates in a plenary DPRD meeting.
-
The DPRD Committee (Pimpinan DPRD) may
invite a prospective candidate once he/she is elected as Head of a Region
to give an exposition of his/her vision, mission, and policy plans.
-
DPRD members may involve the candidates
in a question and answer session.
-
The DPRD committee and faction committees
evaluate the capability and personality of the candidates and through deliberation
to reach concensus or by voting determine at least two pairs of candidates
for the Head of a Region and the Deputy Head of a Region from whom one
pair will be elected by the DPRD.
Article 38
-
The names of the candidate Head of a Region
and Deputy Head of a Region as determined by the DPRD are submitted to
the President for consultation.
-
The names of candidates for the Regent
and the Deputy Regent and for the Mayor and Deputy Mayor to be elected
by the DPRD are determined by Decree of the DPRD Committee.
Article 39
-
The election of a candidate Head of a
Region and Deputy Head of a Region may take place in a DPRD plenary meeting,
which is attended by at least two-third of the number of DPRD members.
-
If the number of attending DPRD members
is still below the quorum referred to in sub-article (1), the committee
of the meeting may defer the meeting by, at the most, one hour.
-
If the provision referred to in sub-article
(2) is then not yet reached, the meeting is deferred by another hour after
which the meeting to elect the candidate Head of a Regional candidate Deputy
Head of a Region will be carried out.
Article 40
-
The election of the Head of a Region and
the Deputy Head of a Region must take place in a direct, free, secret,
honest, and just manner.
-
Any DPRD member may vote for the candidate
Head of the Region and the candidate Deputy Head of a Region from the pairs
of candidates determined by the DPRD committee referred to in Article 37
sub-article (4).
-
The pair of candidates, the Head of a
Region and the Deputy Head of a Region who receive the majority of votes
in the election referred to in sub-article (2), is established as Head
of a Region and Deputy Head of a Region by the DPRD and officially confirmed
by the President.
Article 41
A the Head of a Region has a five-year
term of office and may be reelected for only one more term of office.
Article 42
-
A Head of a Region is installed by the
President or other official who is appointed to act on behalf of the President.
-
Before assuming office the Head of a Region
is to take an oath of office/to make a promise.
-
The wording of this oath is as follows:
"I swear by God/I promise that I shall
meet my obligations as Governor/Regent/Mayor as honestly and as justly
as possible. I shall always loyally abide by and defend Pancasila as the
principle of the State; and I shall maintain democratic life and the 1945
Constitution and all legislative rules which prevail in the Territory and
Unitary State of the Republic of Indonesia." (4) The procedure for this
oath of office and inauguration of a Head of a Region is to be established
by the Government.
Fifth Part
A Head of a Region's Obligations
Article 43
The Head of a Region has the obligation:
-
to defend and maintain the integrity of
the Unitary State of the Republic of Indonesia as the ideal of the 17 August
1945 Proclamation of Independence;
-
to strictly abide by Pancasila and the
1945 Constitution;
-
to honour the people's sovereignty;
-
to uphold all of the legislative rules;
-
to improve the public welfare;
-
to maintain peace and order;
-
to submit Draft Regional Ordinances and
together with the DPRD establish them as Regional Ordinances.
Article 44
-
A Head of a Region is to lead the Regional
Government administration based on policies established together with the
DPRD.
-
A Head of a Region is in performing his/her
task and duties responsible to the DPRD.
-
A Head of a Region is obliged to submit
reports on the Regional Government administration to the President via
the Minister of Interior with copies to the Governor, Regents, and Mayors
at least once a year, or if deemed necessary by the Head of the Region,
or on the President's request.
Article 45
-
A Head of a Region is obliged to render
account to the DPRD at the close of each year.
-
A Head of a Region is obliged to render
account to the DPRD for certain cases on the DPRD's request as referred
to in Article 44 sub-article (2).
Article 46
-
A Head of a Region whose account referred
to in Article 45, be it a government policy or a financial account, shall
complete and/or improve it within thirty days.
-
A Head of a Region who has completed and/or
improved his/her account must resubmit it to the DPRD, as referred to in
sub-article (1).
-
A Head of a Region whose account is rejected
for the second time may be proposed by the DPRD to the President to be
relieved.
-
The procedure relating to what is referred
to in sub-article (3) is established by the Government.
Article 47
The Head of a Region represents his/her
region in and outside the court and may authorize another person to represent
him/her.
Sixth Part
Prohibitions for a Head of a Region
Article 48
The Head of a Region is prohibited
from:
-
participating in a company, be it a private
or State/Regional Government-owned company. or a foundation in any field
whatsoever;
-
making a decision, which is specifically
profitable to him/herself, members of his/her family, cronies, special
groups, or his/her political grouping, and is obviously detrimental to
public interest or discriminative as to other citizens and community groups;
-
performing another job, which is directly
or indirectly profitable for him/herself and is related to the Region concerned;
-
receiving money, goods, and/or services
from another party, which may reasonably be presumed to influence decisions
or acts to be made by the official;
-
becoming an advocate or legal attorney
in a case before the court, except those referred to in Article 47.
Seventh Part
Dismissal of a Head of a Region
Article 49
The Head of a Region's term of office
terminates because of:
-
his/her demise;
-
his/her resignation
-
the expiry of the term of office and the
installation of the new official;
-
no longer meeting the requirements referred
to in Article 33;
-
violating the vow/promise referred to
in Article 42 sub-article (3);
-
a violation of the stipulation referred
to in Article 48; and
-
loss of the confidence of the public at
large due to a case involving his/her responsibility and rejection of his/her
explanation by the DPRD.
Article 50
-
The termination of a Head of a Region
for reasons as referred to in Article 49 is to be established by DPRD Decree
and ratified by the President.
-
The DPRD Decree referred to in sub-article
(1) shall be takenin a meeting attended by at least two-thirds of the members
of the DPRD and approved by at least two-thirds of the attending members.
Article 51
The Regional Head is dismissed by the
President without prior approval of the Regional House of Representatives
due to a criminal act which is punishable by imprisonment of five years
or more, or a death sentence according to the Penal Code.
Article 52
-
The Head of a Region alleged to have committed
treason and/or any other act that may break up the Unitary State of the
Republic of Indonesia may be suspended from his position directly by the
President and not through a DPRD Decree.
-
The Head of a Region who has ipso jure
been proven to have committed treason or other act that may break up the
Unitary State of the Republic of Indonesia is dismissed directly by the
President without the DPRD's consent.
-
The Head of a Region who through the judicial
process has not been proven to have committed treason or other acts that
may break up the Unitary State of the Republic of Indonesia as referred
to in sub-article (1) is reactivated and rehabilitated as Head of a Region
to serve until the end of his/her term of office.
Article 53
-
The DPRD is to inform the Head of a Region
in writing concerning the expiry of his/her term of office six months prior
to that expiry.
-
Being informed as referred to in sub-article
(1), the Head of a Region prepares his end of the term of office account
to the DPRD and submits this account at the latest four months after receipt
of the information.
-
The DPRD starts processing the election
of a new Head of a Region at the latest one month prior to the expiry of
the term of office of the Head of a Region concerned.
Article 54
The Head of a Region whose account
referred to in Article 53 is rejected by the DPRD may not be renominated
as Head a Region in a future term of office.
Law of the Republic of Indonesia
Number 22 of 1999
RegardingRegional Governments
By The Grace of the One God Almighty
The President of the Republic of
Indonesia
Eighth Part
Investigation of a Head of a Region
Article 55
-
An investigation of a Head of a Region
is to take place after a written approval has been obtained from the President.
-
Excluded from the stipulation referred
to in sub-article (1) are instances of the person:
-
having been caught in the act of committing
a crime liable to punishment of 5 years or more imprisonment; and
-
being alleged to have committed a crime
liable to punishment by death.
-
After an investigation referred to in
sub-article (2) has taken place, it should be reported to the President
within 2 times 24 hours.
Ninth Part
Deputy Head of a Region
Article 56
-
There is to be a Deputy Head of a Region
in any region.
-
The Deputy Head of a Region is inaugurated
by the President or appointed official, simultaneously with the inauguration
of a Head of the Region.
-
Before taking office, a Deputy Head of
a Region is to take an oath of office to make a promise.
-
The wordings of said oath/promise are
as follows:
-
"By God, I swear/I promise that I shall
fulfil my obligations as Deputy Governor/Deputy Regent/Deputy Mayor, honestly
and justly as possible. I shall always loyally abide by and defend Pancasila
as the principle of the State, and I shall maintain democratic life and
the 1945 Constitution as the State's constitution, and all of the legislative
rules prevailing for the Territory and the Unitary State of the Republic
of Indonesia."
-
The provisions referred to in Article
33, Article 41, Article 43 excluding sub g, and Article 47 up to Article
54 inclusive, also apply to the Deputy Head of a Region;
-
The Deputy Head of a Province is called
a Deputy Governor, the Deputy Head of a Regency is called Deputy Regent,
and the Deputy Head of a City is called Deputy Mayor.
Article 57
-
The Deputy Head of a Region has the task
of:
-
assisting the Head of a Region in the
implementation of his/her task;
-
coordinating the activities of the government
institutions in the Region; and
-
performing other tasks conferred to him/her
by the Head of a Region.
-
The Deputy Head of a Region is responsible
to the Head of a Region.
-
The Deputy Head of a Region is charged
with the task and authority of a Head of a Region in the case of the latter's
impediment.
Article 58
-
If a Head of a Region is permanently hindered,
his/her function is to be taken over by the Deputy Head of a Region concerned
until the expiry of his/her term of office.
-
If a Head of a Region is permanently hindered,
the position of the Deputy Head of a Region concerned is not to be filled.
-
If a Head of a Region and a Deputy Head
of a Region are both permanently hindered, the Secretary of the Region
concerned implements the Head of the Region's task for the time being.
-
If a Head of a Region and Deputy Head
of a Region are both permanently hindered, the DPRD is to carry out the
election of a Head of a Region and a Deputy Head of a Region within three
months at the latest.
Tenth Part
The Financial Position of the Head
of a Region
and the Deputy Head of a Region
Article 59
The financial position of a Head of
a Region and a Deputy Head of a Region is established by Government Ordinance.
Eleventh Part
The Regional Apparatus
Article 60
The Regional Apparatus consists of
the Regional Secretary, Regional Departments and other Regional technical
institutions, according to the requirements of a Region.
Article 61
-
The Regional Secretariat is headed by
a Regional Secretary.
-
The Regional Secretary of a Province is
appointed with the DPRD's consent by the Governor from Civil Servants,
who meet the requirements.
-
The Regional Secretary of a Province is
ex officio Secretary of an Administrative Area.
-
The Regional Secretary of a Regency or
the Regional Secretary of a City (Municipality) is to be appointed by DPRD
consent by the Regent or Mayor from Civil Servants, who meet the requirements.
-
The Regional Secretary is obliged to assist
the Head of a Region in making decisions and maintaining the functional
relationship with departments, technical institutes, and other operating
units.
-
The Regional Secretary is responsible
to the Head of a Region.
-
If a Regional Secretary is prevented from
implementing his/her task, the Regional Secretary's task is carried out
by an official appointed by the Head of a Region.
Article 62
-
A Regional Department is an executive
element of a Regional Government.
-
A Department is led by a Department Head,
who is appointed based on the Regional Secretary's proposal by the Head
of a Region from Civil Servants, who meet the requirements.
-
The Department Head is responsible to
the Head of a Region through the Regional Secretary.
Article 63
The implementation of the authority
conferred by the Government to a Governor as Government Representative
in the framework of deconcentration as referred to in Article 9 sub-article
(3) is conducted by the Provincial Departments.
Article 64
-
The implementation of a government function,
which is within the Government's authority as referred to in Article 7
is to be conducted by the vertical institutions.
-
The set-up of the organizational structure,
formation, and related procedures as referred to in sub-article (1), is
to be established by Presidential Decree.
Article 65
Technical institutions may be formed
in a Region according to the Region's requirements.
Article 66
-
A Sub-District (Kecamatan) is an apparatus
of a Regency and a City (Municipality) and is headed up by a Head of a
Sub-District.
-
The Head of a District is called Camat.
-
The Camat is appointed by a Regent/Mayor
based on the proposal of the Regional Secretary of a Regency/City from
Civil Servant, who meet the requirements.
-
A Camat Part of the government function
of a Regent/Mayor is delegated to a Camat.
-
The Camat is responsible to a Regent/Mayor.
-
The forming of a District is to be established
by Regional Ordinance.
Article 67
-
A Village is an apparatus of a Sub-District
and is headed up by the Head of a Village.
-
The Head of a Village is called a Lurah.
-
Based on the Camat's proposal The Lurah
is appointed by the relative Mayor/Regent from Civil Servants, who meet
the requirements.
-
Part of the government authority of the
Camat is delegated to a Lurah.
-
The forming of a Village is established
by Regional Ordinance.
Article 68
-
The organizational
structure of a Regional
apparatus is established by Regional Ordinance.
-
The formation and position requirements
of a Regional apparatus is established by Decree of the Head of a Region
in accordance with guidelines established by the Government.
CHAPTER VI
REGIONAL ORDINANCE AND DECREE OF
THE HEAD OF A REGION
Article 69
The Head of a Region establishes with
the DPRD's consent Regional Ordinances within the framework of Regional
Autonomy and further extension of higher legislative rules.
Article 70
Regional Ordinances may not be contrary
to public interest, other Regional Ordinances, or higher legislative rules.
Article 71
-
A Regional Ordinance may include provisions
regarding imposing to a transgressor a compulsory charge of part or the
entire related expenditure for the maintenance of the rule of law.
-
A Regional Ordinance may impose for crimes,
penalties of detention of, at the longest six months, or fines of, at the
most, Rp5 000 000.00 (five million rupiah) with or without confiscating
certain goods for the Region concerned, except if determined otherwise
by legislative rules.
Article 72
-
The Head of a Region is to establish Decrees
of the Head of a Region for the implementation of Regional Ordinances and
by virtue of the prevailing legislative rules.
-
The decrees referred to in sub-article
(1) may not be contrary to public interest, Regional Ordinances, and higher
legislative rules.
Article 73
-
The types of regulating Regional Ordinances
and decrees of the Head of a Region are to be promulgated by publication
in the Regional Bulletin.
-
The regulations referred to in sub-article
(1) have legal force and are binding after their promulgation in the Regional
Bulletin.
Article 74
-
The investigation and prosecution of violations
of Regional Ordinance stipulations are carried out by the investigating
prosecuting official according to the legislative rules.
-
By Regional Ordinance other official may
be appointed to carry out investigation and prosecution of violations of
Regional Ordinances.
CHAPTER VII
REGIONAL PERSONNEL AFFAIRS
Article 75
Norms, standards, and procedures regarding
the appointment, transfer, termination, and determination of the pension,
salary, and legal position of Civil State Employees in a Region, is to
be established by legislative rule.
Article 76
A Region has the authority to appoint,
transfer, terminate, determine the pension, salary, allowances and welfare
of State Employees, and their education and training according to the Region's
requirement and capability based on legislative rules.
Article 77
The Provincial Government controls
the personnel administration and career of personnel in its Territory according
to legislative rules.
CHAPTER VIII
REGIONAL FINANCIAL AFFAIRS
Article 78
-
The implementation of the task of a Regional
Government and DPRD is financed from and based on the Regional Budget of
Income and Expenditure.
-
The implementation of the Government's
task in a Region is financed from and based on the State Budget of Income
and Expenditure.
Article 79
A Region's source of income consists
of:
-
original regional income from:
-
Regional taxes;
-
Regional retributions;
-
Income from Regional government-owned
companies, managing split off Regional assets, and other legitimate Regional
income;
-
Income from balancing funds;
-
Income from loans made by a Region, and
-
Income from other legitimate Regional
incomes.
Article 80
-
The balancing funds referred to in Article
79 consist of:
-
the Regional share of the income from
Land and Building Tax, Land and Building Rights Acquisition Duties, and
from natural resources;
-
general allocation funds;
-
special allocation funds.
-
The Regional share of the income from
Land and Building Tax in the rural, urban, and agricultural estates sector
and from Land and Building Rights Acquisition Duties referred to in sub-article
(1) sub a are to be received directly by the producing Region.
-
The Regional share of the income from
Land and Building Tax in the sector of mining, forestry, and natural resources
accrue to a producing Region and the other Regions for the sake of equal
distribution.
-
Further provisions such as is referred
to in sub-article (1), (2), and (3) are established by Law.
Article 81
-
A Regional Government may with the DPRD's
consent make loans from domestic and/or offshore sources to finance government
activities.
-
The Government is to be informed about
loans from domestic sources, which are made according to the guidelines
established by the Government.
-
The offshore loans and sources referred
to in sub-article (1) shall have the Government's consent as stipulated
in the legislative rules.
Article 82
-
Taxes and retributions are to be established
by Law.
-
The fixation of the tariff and manner
of levying Regional taxes and retributions are to be established by Regional
Ordinance according to the prevailing legislative rules.
Article 83
-
The Government will provide fiscal and
non-fiscal incentives to stimulate Regional competence.
-
The provisions referred to in sub-article
(1) are to be established by Regional Ordinance.
Article 84
A Region may own Regional Government-owned
Business Ventures according to the legislative rules. Their establishment
is arranged by Regional Ordinance.
Article 85
-
Regional Assets which are used to serve
the public interest cannot be pawned, burdened with rights and responsibilities,
and/or have their ownership changed.
-
A Head of a Region may with the DPRD's
consent establish decrees regarding:
-
partial or full annulment of Regional
claims;
-
approval of solution of civil disputes
out of court;
-
other legal acts relating to Regional
assets.
Article 86
-
The Regional Budget of Income and Expenditure
is to be established by Regional Ordinance at the latest one month after
the establishment of the State Budget of Income and Expenditure.
-
Amendments of the Regional Budget of Income
and Expenditure are established by Regional Ordinance at the latest three
months prior to the Budget's becoming effective.
-
Calculations of the Regional Budget of
Income and Expenditure are to be established by Regional Ordinance at the
latest three months prior to the expiry of the Budgetary Year concerned.
-
The Guidelines on the composition, amendments
and calculations of a Regional Budget of Income and Expenditure are to
be established by Government Ordinance.
-
A Regional Budget of Income and Expenditure
which has been established by Regional Ordinance is to be submitted to
the Governor in the case of the Government of a Regency/Municipality and
to the President via the Minister of Interior in the case of a Provincial
Government for their information.
-
The Guidance on a Region's financial administration,
accounting, and control and the procedure of setting up the Regional Budget
of Income and Expenditure, how Regional financial administration is to
be implemented and Regional Budget of Income and Expenditure calculation
is to be set up, are established according to the legislative rules.
Chapter IX
Cooperation and Solving Disputes
Article 87
-
Several Regions may set up inter-regional
cooperation by joint decree.
-
The Regions may form an Inter-regional
Body.
-
A Region may cooperate with other bodies
by joint decree.
-
A Joint decree and/or cooperative referred
to in sub-article (1), (2), and (3) which burden the public and Region
concerned should have the approval of the DPRD concerned.
Article 88
-
A Region may set up mutually profitable
joint decree arranged cooperatives with institutes/bodies abroad, except
when related to the Government's authority as referred to in Article 7.
-
The procedure for what is referred to
in sub-article (1) is established by the Government.
Article 89
-
Disputes among Regions are to be settled
by the Government through deliberation.
-
If in settling inter-regional disputes
referred to in sub-article (1), one of the parties does not accept the
Government's decision, said Party may submit the case for settlement to
the Supreme Court of Justice.
Chapter X
Urban Areas
Article 90
Besides Urban Areas with the status
of a Municipality, it is necessary to determine Urban Areas which are:
-
are part of a Regency;
-
New Urban Areas which as a result of development
have changed from Rural into Urban Areas;
-
Urban Areas which as social and economic
units are part of one or more adjoining Regions, and are physically towns.
Article 91
-
The Governments of Adjoining Municipalities
and/or Regencies may form joint institutes to manage Urban Areas.
-
In Rural Areas which are planned and developed
to become Municipalities within a Regency, a Development Management Body
may be formed responsible to the Head of a Region.
-
What is stipulated in sub-article (1)
and (2) and other matters related to the management of Urban Areas are
established by Regional Ordinance based on a guidance established by Government
Ordinance.
Article 92
-
In the course of developing Urban Areas,
a Regional Government needs to involve the community and the private sector.
-
The community's involvement referred to
in sub-article (1) is an effort to activate the community in the development
of Towns.
-
Arrangements related to Urban Areas are
established in the legislative rules.
Chapter XI
VILLAGES
First Part
Forming, Abolishing,and/or Merging
Villages
Article 93
-
Villages may be formed, abolished, and/or
merged with due consideration of their origin based on initiative of the
community concerned and with the consent of the Government of the Regency
and DPRD concerned.
-
The forming, abolishing, and/or merging
of Villages referred to in sub-article (1), is established by Regional
Ordinance.
Article 94
In a Village a Village Committee and
Village People's Representative Body are formed which constitute the Village
Government.
Second Part
Village Committee
Article 95
-
The Village Committee consists of the
Village Head, called as such or otherwise, and the Village apparatus.
-
The Village Head is to be directly elected
by the people of the Village from candidates who meet the requirements.
-
The majority votes elected Candidate Village
Head as referred to in sub-article (2) is to be established by the Village
People's Representative Body and officially installed by the Regent.
Article 96
A Village Head's term of office is
at the most ten years or twice the term of office as of the date of his/her
installation.
Article 97
Eligible for election as Village Head
are the villagers concerned who are Indonesian citizens, meeting the following
requirements:
-
a worshipper of the One God;
-
loyal and abiding by Pancasila and the
1945 Constitution;
-
never directly or indirectly involved
in acts of treason as to Pancasila and 1945 Constitution, in the PKI 30
September Movement, and/or any other prohibited organizations;
-
at least Junior High School educated,
and/or with equal knowledge;
-
at least 25 years of age;
-
physically and spiritually healthy;
-
with spirit and mind not disturbed;
-
of good, honest, and just conduct;
-
never having been punished by detention
for a crime;
-
not deprived of the voting right based
on a court decision with permanent legal force;
-
knowledgeable about the area and known
by the village community concerned;
-
willing to be nominated as candidate Village
Head;
-
meeting other requirements of traditional
customs as stipulated by Regional Ordinance.
Article 98
-
A Village Head is installed by the Regent
or a competent official.
-
Prior to taking office, a Village Head
takes an oath.
-
The wordings of the oath concerned is
as follows:
"By God, I vow/promise that I shall fulfil
all of my obligations as Village Head in the best possible, honest, and
just manner; that I shall always be loyal in implementing and defending
the Pancasila as the State's principle; and that I shall uphold democratic
life and the 1945 Constitution as the State's Constitution and all prevailing
rules for Villages, Regions, and the Unitary State of the Republic of Indonesia."
Article 99
A Village's authority encompasses:
-
already existing authority based on a
Village's origin;
-
authority based on prevailing legislative
rules which have not yet been implemented by the Regions and the Government;
-
supporting functions from the Government,
Provincial Government, and Regency Government.
Article 100
The Supporting Functions from the Government,
Provincial Government, and Regency Government to a Village Head is accompagnied
with expenditure and facilities, and personnel.
Article 101
A Village Head's task and obligations
as to his/her Village are:
-
leading the implementation of its Government;
-
developing its community's life;
-
developing its economy;
-
maintaining the peace and order among
its community;
-
settling peacefully disputes among its
community;
-
representing it in and beyond the court
and entitled to appoint his/her legal proxy.
Article 102
In implementing his/her task and obligations
referred to in Article 101, A Village Head:
-
is responsible to the people through the
Village People's Representative Body;
-
submits reports on the implementation
of his/her task to the Regent.
Article 103
-
A Village Head's term of office terminates
due to:
-
passing away;
-
resignation;
-
no longer meeting the requirements an/or
violating his/her vow/promise;
-
expiry of his/her term of office and the
installation of the new Village Head, and
-
violating prevailing legislative rules
and/or existing and developing norms in the Village community concerned.
-
Discharging of a Village Head as referred
to in sub-article (1) is done by the Regent concerned as recommended by
the Village People's Representative Body.
Third Part
Village People's Representative
Body
Article 104
The Village People's Representative
Body or as called by another name has the function of protecting traditional
rights and customs, make Village rules, absorb and channel the community's
aspirations, and to control the implementation of the Village Government.
Article 105
-
The members of a Village People's Representative
Body are elected by the people of the village concerned from those who
meet the requirements.
-
The leader of a Village People's Representative
Body is elected from and by its members.
-
The Village People's Representative Body
jointly with the Village Head is to establish Village Regulations.
-
The implementation of Village Regulations
is to be established by the Village Head.
Fourth Part
Other Institutions
Article 106
A Village may have other institutions
as established by Village Regulation and according to its requirements.
Fifth Part
A Village's Finances
Article 107
-
A Village's sources of income encompasses:
-
original village income comprising income
from its:
-
Village businesses;
-
Village assets;
-
Auto activities and participation;
-
cooperation efforts; and
-
other legitimate Village income;
-
assistance from the Regency Government
concerned comprising:
-
part of the income from Regional taxes
and Retributions; and
-
part of the Central and Regional Balancing
Funds received by the Regency Government;
-
assistance from the Government and Provincial
Government;
-
donations from third parties;
-
loans made by the Village.
-
The sources of income of a Village referred
to in sub-article (1) are to be managed through the Village Budget of Income
and Expenditure.
-
The Village Head together with the Village
People's Representative Body establishes the Village Budget of Income and
Expenditure every year by Village Regulation.
-
The guidance for setting up a Village
Budget of Income and Expenditure is established by the Regent.
-
The procedure of levying Village Income
and Expenditure objects is established jointly by the Village Head and
the Village People's Representative Body.
Article 108
A Village may own business ventures
according to the legislative rules.
Sixth Part
Inter-Village Cooperation
Article 109
-
Several Villages may under a joint decree
cooperate for their interests and a Camat (Sub-District Head) is to be
informed about this.
-
For the implementation of the cooperation
referred to in sub-article (1) a Cooperation Body may be formed.
Article 110
A Regency Government and/or third party
which plans part of a Village area to develop into a residential, industrial,
and services area, is obliged to involve the Village Government and the
Village People's Representative Body, in planning, implementation, and
supervision.
Article 111
-
Further arrangement regarding Villages
is established by Regency Regional Ordinance, according to the general
guidelines, which are to be based on this Law established by the Government.
-
A Regional Ordinance referred to in sub-article
(1) shall acknowledge and honour a Village's origin and traditional customs.
Chapter XII
Development and Control
Article 112
-
The Government facilitates within the
framework of development the implementation of Regional Autonomy.
-
The guidance regarding the development
and control on the implementation of Regional Autonomy is established by
Government Ordinance.
Article 113
Regional Ordinances and Decrees of
a Head of a Region are within the framework of control submitted to the
Government at the latest fifteen days after their establishment.
Article 114
-
The Government may withdraw Regional Ordinances
and Decrees of the Head of a Region which contravene public interest or
legislative rules of a higher order and/or other legislative rules.
-
A Decree to withdraw a Regional Ordinance
and Decree of the Head of a Region referred to in sub-article (1) is to
be notified to the Region concerned together with the reasons concerned.
-
At the latest, one week after the abolition
of a Regional Ordinance and Decree of the Head of a Region referred to
in sub-article (2), the implementation of said Regional Ordinance and Decree
of the Head of a Region is nullified.
-
A Region which cannot accept the decision
to withdraw a Regional Ordinance or Decree of the Head of a Region referred
to in sub-article (2), may submit its objections to the Supreme Court of
Justice after having submitted them to the Government.
Chapter XIII
The Regional Autonomy Contemplating
Council
Article 115
-
The Regional Autonomy Contemplating Council
has the task of providing considerations to the President regarding:
-
the formation, abolition, merging, and
expansion of Regions;
-
the Central and Regional financial balancing;
and
-
the capability of Regencies and Municipalities
to implement certain authorities as referred to in Article 11.
-
The Regional Autonomy Contemplating Council
consists of the Minister of Interior, the Minister of Finance, the Minister
State Secretary, and other ministers as needed, and representatives of
the Association of Regional Governments, and representatives of the Regions
elected by the DPRDs concerned.
-
The Minister of Interior and the Minister
of Finance are ex officio respectively Chairman and Vice Chairman of the
Regional Autonomy Contemplating Council.
Article 116
In implementing its task the Regional
Autonomy Contemplating Council is to be assisted by the Chief Secretary
who oversees the field of Regional Autonomy and the field of Central and
Regional Financial Balancing.
Chapter XIV
OTHER PROVISIONS
Article 117
The capital of the State of the Republic
of Indonesia, Jakarta, is due to its position arranged by Law.
Article 118
-
The province of East Timor as a first
rank region may be given a special autonomous status within the framework
of the Unitary State of the Republic of Indonesia, except if legislative
rule establishes otherwise.
-
The arrangement of special autonomy referred
to in sub-article (1) is by law.
Article 119
-
The authority of Regencies and Municipalities
referred to in Article 11 also applies to Autonomous Areas which encompasses
authority bodies, seaport estates, airport estates, residential estates,
industrial estates, agricultural estates, mining estates, forestry estates,
tourist estates, land of unobstructed roads, and other such estates.
-
Further arrangement as referred to in
sub-article (1) is established by Government Ordinance.
Article 120
-
Within the framework of maintaining public
peace and order
and upholding Regional Ordinances,
a Civil Government Police Unit is formed as an instrument of the Regional
Governments.
-
The structure, organization, formation,
position, authority, task, and obligation of the Civil Government Police
are established by the Government.
Article 121
The titling of the Province Ist Rank
Region, Regency IInd Rank Region, and Municipality IInd Rank Region, as
referred to in sub-article Law no.5 of 1974 is changed to respectively
Province, Regency, and Municipality/City.
Article 122
The exclusivity as to the Province
Special Region of Aceh and the Province Special Region of Yogyakarta as
well as the additional authority based on Government Ordinance an/or other
legislative rule, remains implemented with the understanding that the implementation
of the government of the Province Special Region Aceh and the Province
Special Region of Yogyakarta is based on this law.
Article 123
Regional authority, be it originating
from or based on the forming of a Region as well as additional based on
Government Ordinance and/or other legislative rule, is implemented according
to Article 9, Article 10, and Article 11 of this law.
CHAPTER XV
TRANSITIONAL PROVISIONS
Article 124
At the time of this law's becoming
effective, the names, boundaries of the capital and Province Ist Rank Regions,
Special Regions, Regencies 2nd Rank Regions, and Municipalities 2nd Rank
Regions, remain unchanged.
Article 125
-
The Municipality of Batam, the Regency
of Paniai, the Regency of Puncak Jaya, the Regency of Mimika, the Regency
of Simeuleu, and all Administrative Municipalities are upgraded to become
Autonomous Regions with due consideration of Article 5 of this law.
-
Two years at the latest after the establishment
of this law, the Municipalities, Regencies, and Administrative Municipalities
referred to in sub-article (1) shall have their status changed into Regencies/Municipalities
if they meet the provisions of Article 5 of this law.
-
The Municipalities, Regencies, and Administrative
Municipalities referred to in sub-article (1) may have their status abolished
if they do not meet the requirements to be upgraded to that of an Autonomous
Region.
Article 126
-
Sub-Districts (Kecamatan) and Villages
which exist at the time when this law becomes effective remain Sub-Districts
and Villages, or called otherwise, as referred to in Article 1 sub m, n,
and o of this law, except if determined otherwise by legislative rule.
-
Villages existing in the territory of
a Municipality, Administrative Municipality, and Administrative City based
on Law No.5 of 1974, are established as Villages as referred to in Article
1 of this law.
Article 127
In so far the regulation for the implementation
of this law has not been established, all instructions, directives, or
guidelines which are existing or have been established by the Government
and Regional Governments remain valid if they do not contravene this law.
Article 128
The existing Governors and Deputy Governors,
who are heading up Ist Rank Regions; Regents, Mayors, Deputy Regents and
Deputy Mayors who are heading up IInd Rank Regions; Regents, Mayors, Camats
(Sub-District Heads), and Village Heads and their apparatuses, as referred
to in Law no.5 of 1974 and Law no.5 of 1979, who exist at the time this
law's becoming effective, remain carrying out their task, except if determined
otherwise based on this law.
Article 129
-
With this law's becoming effective, the
Institutions of Deputy Governor, Deputy Regent, Deputy Mayor, and Regional
Contemplation Body, referred to in Law no.5 of 1974, are abolished.
-
Vertical institutions in the Regions,
other than those handling foreign, defence and security, judicature, religious
affairs as referred to in Article 7, become Regional instruments.
-
The assets of all vertical institutions
which have become Regional instruments as referred to in sub-article (2),
are transferred to become assets of the Region concerned.
Chapter XVI
Concluding Provisions
Article 131
At the time this law becomes effective,
what are declared to be no longer valid are:
-
Law no.5 of 1979 regarding the main principles
of Government in the Regions (State Bulletin of 1974 no.38, State Bulletin
Supplement no.3037);
-
Law no.5 of 1979 regarding Village Governments
(State Bulletin of 1979 no.56, State Bulletin Supplement no.3153).
Article 132
-
The provisions for implementation to follow-up
this law shall be ready at the latest one year as of this law's becoming
effective.
-
The implementation of this law shall effectively
take place within two years as of this law's establishment.
Article 133
Provisions of legislative rules which
contravene and/or not in accord with this law are adjusted.
Article 134
This law becomes effective on the date
of its promulgation and in order that it becomes known to all its promulgation
is ordered by placement in the State Bulletin of the Republic of Indonesia.
Established in Jakarta on
4 May 1999
PRESIDENT OF THE REPUBLIC
OF INDONESIA
(signed)
BACHARUDDIN JUSUF HABIBIE
Promulgated in Jakarta on
4 May 1999
STATE SECRETARYOF THE REPUBLIC
OF INDONESIA
(signed)
AKBAR TANJUNG
STATE BULLETIN OF THE REPUBLIC
OF INDONESIA
OF 1999 NUMBER 60
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