GOVERNMENT REGULATION NO. 56/2001 DATED JULY 13, 2001
ON
THE REPORTING OF REALIZATION OF REGIONAL ADMINISTRATION
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering :
a. that in the framework of realizing the orderly implementation of functions of regional administration, heads of regional governments are obliged to report the realization of regional administration in accordance with Article 44 sub-article (3) of Law No. 22/1999; b. that the report on realization of regional administration as meant in letter (a) is needed for ascertaining the progress of realization of regional administration and as materials to foster, supervise and control regional administration;
c. that in relation to the matters as meant in letters (a) and (b) and in order to implement an effective, efficient, orderly, comprehensive accountable reporting system and procedure, it is necessary to stipulate provisions on the reporting of realization of regional administration in a government regulation.
In view of :
1. Article 5 sub-article (2) of the Constitution of 1945;
2. Law No. 22/1999 on Regional Administration (Statute Book of 1999 No. 60, Supplement to Statute Book No. 3839);
3. Law No. 25/1999 on the Financial Equilibrium between the Central Government and Regional Governments (Statute Book of 1999 No. 72, Supplement to Statute Book No. 3848);
4. Law No. 28/1999 on the State Administration which is Clean and Free of Corruption, Collusion and Nepotism (Statute Book of 1999 No. 75, Supplement to Statute Book No. 3851);
5. Government Regulation No. 25/2000 on the Authority of the Government and the Authority of Provinces as Autonomous Regions (Statute Book of 2000 No. 54, Supplement to Statute Book No. 3952);
6. Government Regulation No. 108/2000 on the Procedures of Presenting the Accountability of Heads of Regional Governments (Statute Book of 2000 No. 209, Supplement to Statute Book No. 4027);
8. Government Regulation No. 39/2001 on the Implementation of Deconcentration (Statute Book of 2001 No. 62, Supplement to Statute Book No. 4095);
9. Government Regulation No. 52/2001 on the Implementation of Assisting Tasks (Statute Book of 2001 No. 77, Supplement to Statute Book No. 4106);
DECIDES : To stipulate :
THE GOVERNMENT REGULATION ON THE REPORTING OF REALIZATION OF REGIONAL ADMINISTRATION.
CHAPTER I
GENERAL PROVISIONS Article 1
In this government regulation, what is meant by :
1. The Central Government, hereinafter referred to as the government, is the apparatus of the Unitary State of the Republic of Indonesia consisting of the President and ministers. 2. Regional Government is the head of region along with other regional apparatus of
autonomous regions as the Regional Executive Body.
3. Regional Administration is the administration of autonomous regions by regional governments and regional legislative councils (DPRD) in accordance with the principle of decentralization.
4. Realization of Regional Administration is all processes of managerial activities of regional administration and development covering the planning, stipulation of policies, implementation, organizing, supervising, controlling, financing, coordination, conservation, improvement and development.
5. Heads of Region are governors, regents and mayors as meant in Law No. 22/1999 on Regional Administration.
6. Regional Legislative Council, hereinafter referred to as DPRD, is the Regional Legislative Body.
7. Reporting is the process of activities to formulate reports covering the stipulation of the use of the system, procedures, content, format, type, characteristics, time, evaluation and its follow-ups.
8. Reports of governors, regents and mayors are reports on the whole or part of activities of realization of regional administration which is submitted to the President that are formulated in a the stipulated format and system.
9. Evaluation of regional reports is a process of activities to analyze and judge reports on realization of regional administration.
11.Regional Report Evaluation System is the management information system used in the framework of analyzing and evaluating regional reports as well as presenting the results. 12.Information technology is a means/ware used in the processing of reports by using
efficiently brain ware, software and hardware which is operated in a certain procedure. CHAPTER II
REPORTING AND EVALUATION Article 2
1) Governors, regents and mayors are obliged to submit reports on the realization of regional administration to the President through the Minister of Home Affairs and Regional Autonomy.
2) Especially for reports on the realization of the administration of regencies and municipalities as meant in sub-article (1), their copies are also made available to governors.
Article 3
1) Reports of governors cover the implementation of decentralization and assisting tasks.
2) Reports of regents and mayors cover the implementation of decentralization, assisting tasks and policies on realization of the village and sub-district administration.
Article 4 The reports as meant in Article 3 are submitted :
a. periodically, at least once a year;
b. any time needed in accordance with regulations and laws; c. if the President instructs.
Article 5 1) The reports as meant in Article 4, letter a consist of :
a. General reports on public administration covering :
1) realization of coordination of public administration;
2) policies and their implementation related to the creation and maintenance of public security and order;
3) facilities for the application and enforcement of the existing regulations and laws as well as norms;
4) realization of the facilitation of regional cooperation and the settlement of regional disputes;
all levels and the actualization of the values of the State Ideology of Pancasila and the State Constitution of 1945 as well as the socialization of national policies in regions; 6) the provision of facilities for the implementation of the tasks and functions of the working units of the administrations in accordance with the regulations and laws;
7) policies and the implementation of the provision of services for the society both in required quality and quantity;
8) the implementation of other general tasks of the administrations excluding the tasks of an institutions.
b. Reports on the realization of the administrations in the framework of decentralization covering the field of :
1) space planning;
2) agriculture, animal husbandry and fishery; 3) marine;
4) energy and mineral resources; 5) forestry and plantation; 6) industry and trade; 7) cooperatives; 8) investment; 9) tourism; 10) manpower; 11) health;
12) education and cultures; 13) social affairs;
14) land affairs; 15) settlement; 16) public works; 17) transportation; 18) environment; 19) sports;
20) public illumination; 21) regional finance;
23) the management of regional assets/goods
c. Regencies/municipalities submit reports on policies and the delegation of the authority and the implementation of the tasks of district administration;
d. The realization of public administration in the framework of assisting tasks;
e. In the realization of the public administration in the framework of the implementation of decentralization, governors submit reports on the exercise of the authority delegated by the government;
f. The realization of other tasks of public administration in accordance with the existing regulations and laws.
2) The reports as meant in sub-article (1) are submitted minimally 2 (two) months after the fiscal year is concluded.
3) The reports as meant in Article 4, letter b consist of :
a. matters in force majeure or considered by the regional head as necessary;
b. regional policies mentioned in regional regulations, the decisions of regional heads; the decisions of DPRD and the decisions of the leadership of DPRD;
c. other reports obliged to be submitted in accordance with regulations and laws including per sector reports, reports on the realization of projects, the accountability reports of regional heads.
Article 6
The reports on the realization of regional administrations describe matters as follows : a. legal basis;
b. general policies of regional administrations;
c. the plans of activities/working programs in the framework of their realization; d. target stipulated;
e. elaboration of implementation; f. the results already achieved;
g. the impacts of the implementation of policies; h. the obstacles and problems of the implementation; i. the amount and financial resources used.
Article 7
(1) The Minister of Home Affairs and Regional Autonomy is obliged to inform regional administrations that their reports have been received the latest 3 (three) days after the reports are received.
the latest 7 (seven) days after the reports are received.
(3) The Minister of Home Affairs and Regional Autonomy is obliged to give the results of evaluation to regional administrations the latest 45 (forty five) days after the reports are received.
(4) To conduct evaluation as meant in sub-article (2), a team in charge of evaluating the reports of regional administrations is established.
(5) The status, tasks and procedures of the evaluation by the evaluation team as meant in sub-article (4) are further regulated by the Minister of Home Affairs and Regional Autonomy.
Article 8
(1) The results of the evaluation as meant in Article 7 are submitted to the President with related copies for technical ministries/non-ministerial government institutions.
(2) The results of the evaluation as meant in sub-article (1) are used as the materials for considerations and directives for the government and regional administrations in the framework of decision making or the formulation of further policies.
CHAPTER III
THE REPORTING AND EVALUATION SYSTEM Article 9
(1) The reports on the realization of regional administrations are made through the reporting information system, which can be operated manually and or by using information technology.
(2) In a very urgent situation, which requires immediate handling, the heads of regional administrations can report directly to the President in a spoken or written manner.
Article 10
(1) The government specifically develops the reporting information system and the evaluation information system.
(2) Regional administrations develop the sub-system of reporting information in region integrated to the reporting information system and the evaluation information system developed by the government.
(3) In the framework of the development of the systems as meant in sub-article (1) and (2), the government can cooperate with regional administrations or third parties.
Article 11
The further regulations on the realization of the development of the reporting information system and the evaluation information system of regional reports are stipulated by the Minister of Home Affairs and Regional Autonomy.
CHAPTER IV FINANCING
(1) The costs related to the development of the system of reporting and evalua ting the realization of regional administrations at the national level are burdened to the State Budget for Revenues and Expenditures (APBN).
(2) The costs related to the development of the information system of reporting the realization of regional administrations in provinces, regencies and municipalities are burdened to the Regional Budget of Revenues and Expenditures (APBD) of the respective regions.
CHAPTER V SANCTIONS
Article 13
The government can give sanctions for the heads of regional administrations for not implementing the provisions of this government regulation in accordance with the existing regulations and laws.
CHAPTER VI CLOSING PROVISIONS
Article 14
This government regulation starts to be effective on the date of promulgation.
For public cognizance, this government regulation shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Stipulated in Jakarta On July 13, 2001
THE PRESIDENT OF THE REPUBLIC OF INDONESIA sgd.
ABDURRAHMAN WAHID
Promulgated in Jakarta On July 13, 2001
THE STATE SECRETARY OF THE REPUBLIC OF INDONESIA sgd.
STATUTE BOOK OF THE REPUBLIC OF INDONESIA NO. 100
ELUCIDATION ON
GOVERNMENT REGULATION NO. 56/2001 CONCERNING
THE REPORTING OF REALIZATION OF REGIONAL ADMINISTRATION
I. GENERAL
The realization of regional administration is one of the forms of the implementation of policies on decentralization and regional autonomy, using the concept of broad, concrete and accountable autonomy. As the consequence of the regional autonomy constructed in the system of a unitary state, the reporting of the realization of regional administrations is one of vital instruments for closing the hierarchic relations between the government and regional administrations.
Therefore, the activities of regional administrations are the inseparable chain and part of the activities in the realization of the administration of a state totally.
In view of its vital status and role, the reporting of the realization of regional administrations is one of the obligations to be performed by the heads of regional administrations as both the heads of the regions and the heads of the administrations in the system of the administration of the Unitary State of the Republic of Indonesia.
Because these provisions have the nature of regulating reports on the system, procedures, time, content, types and format as well as the follow-up of the reports, they must be stipulated in the form of government regulation.
Therefore, the regulating of the reporting is not only in the framework of the implementation of decentralization but also the regulating of the reporting in the framework of deconcentration and assisting tasks, aimed at knowing the development and as inputs for the fostering, supervising and controlling the realization of regional administrations.
administrations in accordance with Law No. 28/1999 on the Administration of the Country which are Clean and Free of Corruption, Collusion and Nepotism, as well as in the framework of the realization of the orderly implementation of the functions of regional administrations, it is necessary to support efforts to result in accurate reports and follow the progress of science and technology with the formal, safe, fast, accurate, comprehensive, focused and sustainable information system of reporting and evaluating so as to produce accurate reports meeting the needs of the realization of regional administrations in an efficient and effective, and functioning as the inputs for considerations in decision making.
II. ARTICLE BY ARTICLE Article 1
Sufficiently clear Article 2
Sub-article (1)
Sufficiently clear Sub-article (2)
The copies of the reports are obliged to be submitted to governors because they work as the representatives of the government in regions who are obliged to foster and supervise the realization of the administrations of regencies and municipalities in accordance with the regulations and laws, and the reports are used as inputs for the evaluation and suggestion of considerations for the government and directives for regents/mayors on certain matters related to repots on the regencies/municipalities.
Article 3
If clearly not implemented in the said regions, the assisting tasks need not to be reported. Article 4
Letter (a)
What is meant by minimally once in a year is that the report is obliged to be submitted minimally once in a year.
Letter (b)
What is meant by any time necessary in accordance with the regulations and laws is that the heads of regional administrations are obliged to submit reports any time if the government needs it and in accordance with the regulations and laws it the heads of regional administrations consider matters necessary to be reported.
Letter (c )
Sufficiently clear Article 5
Letter a, number 1 (one)
What is meant by the realization of the coordination of the government is the process of communications and interaction among government administrators in certain fields. Letter a, number 2 (two)
What is meant by policies and their implementation related to the creation and maintenance of public security and order is the directives, guidelines, provisions and targets stipulated and efforts already and to be made by regions in protecting and maintaining public security and order
Letter a, number 3 (three)
What is meant by the facilitation is efforts to create conducive condition so the implementation and enforcement of regulations, laws and norms can be executed as it must be.
Letter a, number 4 (four)
What is meant by the facilitation of regional cooperation is efforts to encourage the realization of regional cooperation and the prevention and settlement of regional conflicts.
Letter a, number 5 (five)
What is meant by the fostering of territory is efforts to regulate and use efficiently territory with all of its resources in the aspect of physical and potential and the aspect of non-physical to provide maximal benefit for the welfare of the people under the Unitary State of the Republic of Indonesia.
Letter a, number 6 (six)
What is meant by the facilitation of the implementation of the tasks and functions of the working units of the administrations is efforts already and to be made by the regions for the functioning of the working units of the administration in an efficient and effective manner
Letter a, number 7 (seven)
What is meant by policies and implementation of the provision of services for the society is directives, guidelines, provisions and targets stipulated and efforts already and to be made by the regions in improving the quality and services of the provisions of services for the society.
Letter a, number 8 (eight)
What is meant by the implementation of other general tasks of the administration is all tasks of the administration, which are not the tasks of any institution.
Letter b
Letter c
Sufficiently clear Letter d
What is meant by the reporting of the realization of administration in the framework of assisting tasks is the reporting of all assisting tasks, which are in reality carried out by regions.
Letter e
What is meant by the reporting of the realization of the administration in the framework of deconcentration is the reporting of the implementation of all tasks of deconcentration, which are in reality carried out by regions or working units assigned to implement deconcentration.
The implementation of the authority delegated can be in the form of :
1) the fostering of the realization of the administration of regencies/municipalities;
2) the repressive supervision of regional administrations, the decisions of the heads of regional administrations, the decision of DPRD and the decision of the leadership of DPRD of regencies/municipalities;
3) the implementation other tasks of deconcentration. Letter f
Sufficiently clear Sub-article (2)
What is meant by 2 (two) months after the fiscal year is two months calculated as of the end of the reported fiscal year.
Sub-article (3) Letter a
What is meant by force majeure is in the condition of emergency which can causes the cancellation of the implementation of the functions of the government.
Letter b
Sufficiently clear Letter c
Sufficiently clear
Article 6 Letter a
realization of certain field. Letter b
What is meant by the general policies of regional administrations is policies stipulated in regional regulations such as Regional Development Programs, Regional Space Planning, Regional Budget for Revenues and Expenditures (APBD) and Annual Regional Development Plans.
Letter c
Sufficiently clear Letter d
Sufficiently clear Letter e
Sufficiently clear Letter f
Sufficiently clear Letter g
What is meant by the impacts of the implementation of policies is positive and negative effects of the implementation of policies in both quality and quantity.
Letter h
Sufficiently clear Letter i
What is meant by fund sources is the sources of fund for routine and development activities, coming from both APBD, APBN and foreign loans and assistance or from other legal sources.
Article 7 and Article 8 Sufficiently clear Article 9
Sub-article (1)
What is meant by manual reporting is the presentation of reports in the form of books or letters as well as other documents sent by post or brought directly.
Sub-article (2)
The matters reported by the heads of regional administrations directly to the government must also be reported through the reporting information system as meant in sub-article (1).
Sub-article (1) and sub-article (2) Sufficiently clear
Sub-article (3)
What is meant by the third parties is business entities which in this case have expertise in the field of information technology.
Article 11 up to Article 14 Sufficiently clear
