LAW NO. 18/2001 DATED AUGUST 9, 2001
ON
SPECIAL AUTONOMY FOR THE PROVINCE OF ACEH SPECIAL REGION AS THE PROVINCE OF NANGGROE ACEH DARUSSALAM
BY GRACE THE GOD ALMIGHTY,
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering :
a. that the public administration system of the Unitary State of the Republic of Indonesia in accordance with the State Constitution of 1945 recognizes and respects special and typical units of regional administration regulated by Laws;
b. that one of the typical characteristics which are natural in the history of the struggle of the people of Aceh is the high resilience and fighting spirit derived from the way of life, social characteristics of the society with strong Islamic culture so as to enable the Region of Aceh to become a capital for the struggle for seizing and maintaining the independence of the Unitary State of the Republic of Indonesia;
c. that to provide broad authority for the Province of the Aceh Special Region in executing public administration of the province of the Aceh special region, it necessary to give special autonomy;
d. that Law No. 22/1999 on Regional Administration and Law No. 25/1999 on the Financial Equilibrium between the Central Government and Regional Administration are considered not yet fully accommodating the rights of origin and the specialty of the Province of the Aceh special region;
e. that the implementation of Law No. 44/1999 on the realization of the Specialty of the Province of the Aceh Special Region needs to be harmonized with the realization of the administration of the Aceh Special Region as the Province of Aceh Nanggroe Darussalam;
f. that in relation to the matters meant in letter a, b, c, d, and e, it is necessary to stipulate the granting of special autonomy for the Province of the Special Region of Aceh in law. In view of :
1. Article 1, sub-article (1), Article 5, sub-article (2), Article 18B, sub-article (1) and Article 20, sub-article (1) of the State Constitution of 1945;
3. Stipulation of the People's Consultative Assembly of the Republic of Indonesia No. IV/MPR/2000 on Recommendation on Policies on the Implementation of Regional Autonomy;
4. Stipulation of the People's Consultative Assembly of the Republic of Indonesia No. VIII/MPR/2000 on Annual Reports of High State Institution in the Annual Session of the People's Consultative Assembly of the Republic of Indonesia in 2000;
5. Law No. 24/1956 on the Establishment of the province of Atjeh and the Amendment to Government Regulation on the Province of North Sumatra (Statute Book of 1956 No. 64, Supplement to Statute Book No. 1103);
6. Law No. 14/1970 on Basic Provisions on Judicature Authority (Statute Book of 1970 No. 74, Supplement to Statute Book No. 2951);
7. Law No. 22/1999 on Regional Administrations (Statute Book of 1999 No. 60, Supplement to Statute Book No. 3839);
8. Law No. 25/1999 on the Equilibrium between the Finance of the Government and Regional Administrations (Statute Book of 1999 No. 72, Supplement to Statute Book No. 3848);
9. Law No. 44/1999 on the Realization of the Specialty of the Province of the Special Region of Aceh (Statute Book of 1999 No. 172, Supplement to Statute Book No. 3839);
With the approval of
THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
DECIDES : To stipulate :
LAW ON SPECIAL AUTONOMY FOR THE PROVINCE OF THE ACEH SPECIAL REGION AS THE PROVINCE OF ACEH NANGGROE DARUSSALAM.
CHAPTER I
GENERAL PROVISIONS Article 1
In this law, 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. The Province of Nanggroe Aceh Darussalam is the Province of the Special Region of
Aceh given special autonomy in the framework of the Unitary State of the Republic of Indonesia.
4. The Governor of the Province of Nanggroe Aceh Darussalam is the Governor of the Province of the Aceh Special Region.
5. The Regional Administration of the Province of Nanggroe Aceh Darussalam is the governor and other apparatuses of the administration of the Special Region of Aceh as the executive body of the Province of Nanggroe Aceh Darussalam.
6. The Regional Legislative Body (DPRD) of the Province of Nanggroe Aceh Darussalam is the regional legislative body of the Province of the Special Region of Aceh as a regional legislative body elected through general elections.
7. The Syariah Court of the Province of Nanggroe Aceh Darussalam is the judicature body which is free of the influence of parties anywhere in the territory of the Province of the Special Region of Aceh effective for Moslems.
8. The Qanun of the Province of Nanggroe Aceh Darussalam is regional regulations stipulated to implement laws in the territory of the Province of the Nanggroe Aceh Darussalam in the framework of the implementation of special autonomy.
9. Regency, hereinafter referred to as Sagoe or other name, is an autonomous region in the Province of Nanggroe Aceh Darussalam, led by a regent/wali sagoe or other name.
10.Kota, hereinafter referred to as Banda or other name, is an autonomous region in the Province of Nanggroe Aceh Darussalam, led by a mayor/wali banda or other name. 11.Sub-district/Sagoe Cut or other name is a regional apparatus of regency/Sagoe and
municipality/Banda, led by a head of sub-district or other name.
12.Mukim is a legal society unit in the Province of Nanggroe Aceh Darussalam consisting of a number of gampongs having their own border areas and properties, which is under the direct supervision of a sub-district/Sagoe Cut or other name and led by Imum Mukim or other name.
13.Gampong or other name is a legal society unity which is the lowest administration organization under the supervision of mukim or other name which has certain territory, led by keuchik or other name and entitled the rights to manage their own home affairs. 14.The regional symbol including nature or flag of glory is a symbol reflecting the specialty
and peculiarity of the Province of Nanggroe Aceh Darussalam CHAPTER II
THE STRUCTURE AND STATUS OF THE PROVINCE OF NAGGROE ACEH DARUSSALAM
Article 2
(1) The territory of the Province of Nanggroe Aceh Darussalam is divided into regencies/sagoes or other name and municipalities/bandas or other name as autonomous regions.
(2) Regency/Sagoe or other name and municipalities/Banda or other name consists of sub-district/Sagoe Cuts or other names
consists of Gampongs or other name.
(4) The equalizing of the level of administrations within the Province of Nanggroe Aceh Darussalam needed for the stipulation of national policies is proposed by the Province of Nanggroe Aceh Darussalam to the government.
(5) The structure, status, leveling and calling of the administration as meant in sub-article (2) and (3) are stipulated in the Qanun of the Province of Nanggroe Aceh Darussalam
(6) The Province of Nanggroe Aceh Darussalam has special autonomy within the Unitary State of the Republic of Indonesia.
CHAPTER III
THE AUTHORITY OF THE PROVINCE OF NANGGROE ACEH DARUSALAM
Article 3
(1) The autho rity of the Province of Nanggroe Aceh Darussalam regulated in this law is the authority in the framework of the implementation of special autonomy.
(2) The authority of the Province of Nanggroe Aceh Darussalam outside regulated in sub-article (1) remains effective in accordance with the existing regulations and laws.
CHAPTER IV
THE FINANCE OF THE PROVINCE OF NANGGROE ACEH DARUSALAM
Article 4
(1) The sources of the revenues of the Province of Nanggroe Aceh Darussalam cover : a. original regional revenues of the Province of Nanggroe Aceh Darussalam; b. equilibrium fund;
c. revenues of the Province of Nanggroe Aceh Darussalam in the framework of special autonomy;
d. regional loans; and e. other legal revenues.
(2) The sources of original regional revenues of the Province of Nanggroe Aceh Darussalam, as meant in sub-article (1), letter a, consists of :
a. regional taxes; b. regional retributions; c. alms;
e. other legal regional revenues.
(3) The equilibrium fund as meant in sub-article (1) letter b is the equilibrium fund for the Province of Nanggroe Aceh Darussalam, regencies and municipalities or other names, which consists of :
a. the sharing of taxes and revenues coming from the exploitation of natural resources stipulated in accordance with the existing regulations and laws is part of the revenues from taxes on land and buildings amounting to 90%, custom on the acquirement of rights land and buildings amounting to 80%, individual come taxes amounting to 20%, revenues from the exploitation of natural resources in the sector of forestry amounting to 80%, general mining amounting to 80%, fishery amounting to 80%, oil mining amounting to 15% and natural gas mining amounting to 30%;
b. general allocation fund stipulated in accordance with the existing regulations and laws; and
c. special allocation fund stipulated in accordance with the existing regulations and laws by giving priority to the Province of Nanggroe Aceh Darussalam.
(4) Revenues in the framework of special autonomy, as meant in sub-article (1), letter c, are in the form of additional revenues for the Province of Nanggroe Aceh Darussalam from the exploitation of natural resources in the territory of the Province of Nanggroe Aceh Darussalam subtracted by tax, namely 55% (fifty five percent) for oil mining and 40% (forty percent) for natural gas mining during eight years as of the implementation of this law.
(5) As of the ninth year after the implementation of this law, the provision of additional revenues as meant in sub-article (4) become a total of 35% (thirty five percent) for oil mining and 20% (twenty percent) for natural gas mining.
(6) The further division of the revenues as meant in sub-article (4) and (5) between the Province of Nanggroe Aceh Darussalam, regencies, municipalities or other names is fairly regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
Article 5
(1) The Province of Nanggroe Aceh Darussalam can receive foreign loans after informing it first to the government.
(2) The Province of Nanggroe Aceh Darussalam can make loans from domestic and/or foreign sources to finance part of its budget.
(3) Loans from domestic sources for the Province of Nanggroe Aceh Darussalam must get approval from the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam. (4) Loans from foreign sources for the Province of Nanggroe Aceh Darussalam must get approval from the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam and the government based on the existing regulations and laws.
5. The provisions on the realization of loans as meant in this article is further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
Article 6
state enterprises (BUMN) only domiciled and operating in the territory of the Province of Nanggroe Aceh Darussalam.
(2) The procedures of investing the capital of the Province of Nanggroe Aceh Darussalam, as meant in sub-article (1) are further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam
(3) Part of the revenues from the division of the profits of state enterprises only operating in the Province of Nanggroe Aceh Darussalam whose amount stipulated jointly between the government and the Province of Nanggroe Aceh Darussalam is used for improving the welfare of the people in the related region.
Article 7
(1) The change in and calculation of the regional budget for revenues and expenditures (APBD) of the Province of Nanggroe Aceh Darussalam are stipulated in the Qanun of the Province of Nanggroe Aceh Darussalam
(2) Minimally 30% (thirty percent) of the revenues as meant in Article 4, sub-article (3), letter a, sub-article (4) and sub-article (5) is allocated for financing education in the Province of Nanggroe Aceh Darussalam
(3) The procedures of formulating and realizing the regional budget for revenues and expenditures of the Province of Nanggroe Aceh Darussalam, its changes and calculation as well as its accountability and supervision are stipulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
CHAPTER V
SYMBOL INCLUDES NATURE IN THE PROVINCE OF NANGGROE ACEH DARUSSALAM
Article 8
(1) The Province of Nanggroe Aceh Darussalam can set a regional symbol including nature and the flag of glory, which reflects the specialty and peculiarity of the Province of Nanggroe Aceh Darussalam.
(2) Regional symbol, which include nature as meant in sub-article (1), is not the symbol of the sovereignty .. not treated as the flag of the sovereignty of the Province of Nanggroe Aceh Darussalam
(3) The provisions as meant in sub-article (1) and sub-article (2) are further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
CHAPTER VI
THE LEGISLATIVE BODY OF THE PROVINCE OF NANGGROE ACEH DARUSSALAM
Article 9
(2) The Regional Legislative Body of the Province of Nanggroe Aceh Darussalam has the function of legislation, budgeting and supervision of regional policies.
(3) The Regional Legislative Body of the Province of Nanggroe Aceh Darussalam has the authority of electing the governor and vice governor in accordance with this law. (4) The Regional Legislative Body of the Province of Nanggroe Aceh Darussalam has the rights of questioning and expressing opinions.
(5) The Regional Legislative Body of the Province of Nanggroe Aceh Darussalam has the obligation of defending and maintaining the integrity of the Unitary State of the Republic of Indonesia as well as realizing democracy and welfare of the people.
(6) The members of the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam have the rights of asking questions, expressing proposals and opinions and immunity.
(7) The number of the members of the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam is maximally at 125% (one hundred and twenty five percent) of that stipulated by law.
(8) The implementation of the provision in sub-article (1), sub-article (2), sub-article (3), sub-article (4), sub-article (5), sub-article (6) and sub-article (7) is further stipulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
CHAPTER VII
WALI NANGGROE AND TUHA NANGGROE AS THE PROMOTOR OF TRADITION, CULTURE AND UNITY
OF THE PEOPLE Article 10
(1) Wali Nanggroe and Tuha Nanggroe are institutions becoming the symbol of the conservation the life of tradition and culture and the unity of the people in the Province of Nanggroe Aceh Darussalam
(2) Wali Nanggroe and Tuha Nanggroe are not political and government institutions within the Province of Nanggroe Aceh Darussalam
(3) Matter as meant in sub-article (1) and sub-article (2) are further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam
CHAPTER VIII
THE EXECUTIVE BODY OF THE PROVINCE OF NANGGROE ACEH DARUSSALAM
Article 11
(1) The executive body of the Province of Nanggroe Aceh Darussalam is held by the governor assisted by a vice governor and regional apparatuses.
stipulation of policies on orderliness, harmony and security outside those related to police technical tasks
2. The Governor of the Province of Nanggroe Aceh Darussalam, because of his/her position, is the representative of the government.
(4) In performing his/her tasks and authority as the head of the region, the governor is responsible to the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam (5) In his/her position as the representatives of the government, the governor is under the supervision of and responsible to the President.
Article 12
(1) The Governor and Vice Governor of the Province of Nanggroe Aceh Darussalam are elected directly once in five years through an election held in a democratic, free, secret, fair and just manner
(2) Some one can be set as the candidate of the Governor and Vice Governor of the Province of Nanggroe Aceh Darussalam is an Indonesian citizen meeting requirements as :
a. practicing religious laws;
b. loyal and obedient to the Unitary State of the Republic of Indonesia and the legitimate government;
c. having education of minimally senior high school or that of the same level; d. minimally 35 years old;
e. physically and mentally healthy;
f. never being imprisoned for criminal actions;
g. not in a process that his/her rights to vote is revoked based on a court decision already having permanent legal force; and
h. never becoming a foreign citizen. Article 13
(1) The election of the Governor and Vice Governor of the Province of Nanggroe Aceh Darussalam is held by the Independent Commission for Election and supervised by the Supervisory Commission for Election, which are established by the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam
(2) The members of the Independent Commission for Election for Election consist of the members of the National Commission for General Elections of the Republic of Indonesia and the members of the society.
(3) The members of the Supervisory Commission for Election consist of the elements from the Regional Legislative Body, the National Supervisory for General Elections and independent members of the society.
Article 14
Darussalam is held through states : nomination, the holding of election and the legalizing of the result of election as well as the inauguration of the governor and vice governor.
(2) The state of nomination as meant in sub-article (1) is held through :
a. the registration and administrative selection of the couples of the prospective candidates by the Independent Commission for Election;
b. The presentation of the vision and mission of the prospective candidates before the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam;
c. the stipulation of the prospective candidates by the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam;
d. consultation of the prospective candidates with the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam;
e. the stipulation of the couple of the candidates by the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam; and
f. the registration of voters by the Independent Commission for Election together with the Administration of the Province of Nanggroe Aceh Darussalam
(3) The state of the ho lding of election as meant in sub-article (1) covers :
a. the election of the candidates of the governor and vice governor directly by voters simultaneously in .. areas in the territory of the Province of Nanggroe Aceh Darussalam in the same day;
b. the counting of votes in a transparent and integrated manner by the Independent Commission for Election;
c. the presentation of the results of the election by the Independent Commission for Election to the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam; and d. the legalization of the results of the election by the Regional Legislative Body of the
Province of Nanggroe Aceh Darussalam.
(4) The stage of legalizing and inaugurating the elected governor and vice governor covers :
a. the presentation of the results of election by the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam to the government through the Minister of Home Affairs;
b. the legalizing of the elected governor and vice governor by the President; and
c. the inauguration of the Governor and Vice Governor of the Province of Nanggroe Aceh Darussalam by the Minister of Home Affairs on the name of the President and sworn in before the Chairman of the Syariah Court of the Province of Nanggroe Aceh Darussalam in a plenary session of the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam.
(6) Other matters related to the election of the Governor and Vice Governor of the Province of Nanggroe Aceh Darussalam not yet regulated in this law is further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
Article 15
(1) The election of regent/vice regent and mayor/vice mayor or other names is held in accordance with the provision of Article 12, Article 13 and Article 14.
(2) The implementation of the provision of Article 12, Article 13 and Article 14 is adjusted to the interests of the election as meant in sub-article (1) except :
a. the presentation of the results of the election by the regional legislative body of the regency/municipality or other names to the Minister of Home Affairs through the governor;
b. the legalizing of the elected regent/vice regent and mayor/vice mayor or other names by the Minister of Home Affairs; and
c. the inauguration of the regent/vice regent and mayor/vice mayor or other names by the governor on the name of the Minister of Home Affairs and the taking oath of the regent/vice regent and mayor/vice mayor or other names before the Syariah Court before the regional legislative body of the regency/municipality or other names.
(3) The adjustment as meant in sub-article (2) is regulated in the Qanun of the Province of the Nanggroe Aceh Darussalam.
Article 16
(1) The provision as meant in Article 12 is implemented at the earliest 5 (five) years after this law promulgated.
(2) In the case that the provision as meant in sub-article (1) has not been made possible to be implemented, under the recommendation of the Independent Commission for Election and the Supervisory Commission for Election, the election of the governor and vice governor is held by the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam.
CHAPTER IX
ELECTION AND RIGHTS OF VOTERS Article 17
Voters are the citizens of the State of the Republic of Indonesia domiciled in the territory of the Province of Nanggroe Aceh Darussalam who are 17 years old and above or already getting married and whose voting rights are not revoked by the court.
Article 18
The voters in the Province of Nanggroe Aceh Darussalam, as meant in Article 17, has the rights :
a. to elect the head and vice head of region;
c. to propose the recalling of the members of the regional legislative body;
d. to propose the dismissing of the head and vice head of region before the end of their term of office;
e. to propose policies on the realization of regional administration;
f. to propose the improvement and amendment to the Qanun of the Province of Nanggroe Aceh Darussalam; and
g. to supervise the use of budget.
Article 19
The rights of voters as meant in Article 18, is further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
Article 20
(1) The governor/vice governor, regent/vice regent and mayor/vice mayor or other names can resign or be missed as meant in this law and in accordance with the existing regulations and laws.
(2) The members of the Regional Legislative Body of the province, regency/municipality or other names can resign or be dismissed as meant in this law and in accordance with the existing regulations and laws.
(3) The provisions as meant in sub-Article (1) and sub-article (2) are further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
CHAPTER X
THE REGIONAL POLICE OF THE PROVINCE OF NANGGROE ACEH DARUSSALAM
Article 21
(1) Police tasks are performed by the Regional Police of the Province of Nanggroe Aceh Darussalam as part of the State Police of the Republic of Indonesia
(2) The Chief of the Regional Police of the Province of Nanggroe Aceh Darussalam implements technical police policies as meant in sub-article (1) in the field of security.
(3) Policies on the security of the Province of Nanggroe Aceh Darussalam are coordinated by the Chief of the Regional Police of the Province of Nanggroe Aceh Darussalam.
(4) Matters related to the functional tasks of the police as meant in sub-article (1) in the field of security and public harmony are further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
(5) The Chief of the Regional Police is responsible for the implementation of the functional tasks of the police as meant in sub-article (4) in the field of public security and harmony to the Governor of the Province of Nanggroe Aceh Darussalam.
approval from the governor.
5. The Chief Commander of the State Police of the Republic of Indonesia dismissed the Chief of the Regional Police of the Province of Nanggroe Aceh Darussalam.
(8) The Chief of the Regional Police of the Province of Nanggroe Aceh Darussalam is responsible for the fostering of police affairs in the Province of Nanggroe Aceh Darussalam in the framework of the implementation of the tasks of the State Police of the Republic of Indonesia.
Article 22
(1) The selection of those wishing to become police officers and officers of the low and lowest grades of the State Police of the Republic of Indonesia in the Province of Nanggroe Aceh Darussalam is carried out by the Regional Police of the Province of Nanggroe Aceh Darussalam by observing the system of law, tradition, culture and policies of the Governor of the Province of Nanggroe Aceh Darussalam.
(2) Basic education and general training for police officers of the low and lowest grades coming from the Province of Nanggroe Aceh Darussalam is conducted nationally by the State Police of the Republic of Indonesia.
(3) The placement of police officers and officers of the low and lowest grades coming from outside Aceh to the Regional Police of the Province of Nanggroe Aceh Darussalam is carried out based on the decision of the Chief Commander of the State Police of the Republic of Indonesia by observing the system of law, tradition and culture in the region of assignment.
Article 23
Matters related to the education and fostering of the members of the State Police of the Republic of Indonesia are implemented based on the decision of the Chief Commander of the State Police of the Republic of Indonesia.
CHAPTER XI
THE PUBLIC PROSECUTOR OFFICE OF THE PROVINCE OF NANGGROE ACEH DARUSSALAM
Article 24
(1) The tasks of public prosecutor is performed by the Prosecutor Office of the Province of Nanggroe Aceh Darussalam as part of the Office of the Attorney General of the Republic of Indonesia
(2) The Head of the High Prosecutor Office of the Province of Nanggroe Aceh Darussalam is appointed by the Attorney General with the approval of the Governor of the Province of Nanggroe Aceh Darussalam
(3) The Head of the High Prosecutor Office of the Province of Nanggroe Aceh Darussalam is dismissed by the Attorney General.
THE SYAR'IYAH COURT OF THE ProvinCE OF Nanggroe Aceh Darussalam
Article 25
(1) The Syariah Court of the Province of Nanggroe Aceh Darussalam as part of the system of national judicature is executed by the Syariah Court which is free of the influence of any parties.
(2) The authority of the Syariah Court as meant in sub-article (1) is based on Syariah Islam (Islamic laws) within the system of national law, which is further regulated by the Qanun of the Province of Nanggroe Aceh Darussalam
(3) The authority as meant in sub-article (2) is taken into force for the followers of the religion of Islam.
Article 26
(1) The Syariah Court as meant in Article 25, sub-article (1) consist of the Syariah Court of regencies/sagoes and municipalities/bandas or other names as the court of the first level and the Syariah Court of the Province as the court of appeal in the Province of Nanggroe Aceh Darussalam.
(2) The Syariah Court of the appeal to the Supreme Court is executed by the Supreme Court of the Republic of Indonesia.
(3) The judge of the Syariah Court is elected and dismissed by the Head of State on the proposal of the Minister of Justice after getting considerations from the Governor of the Province of Nanggroe Aceh Darussalam and the Chairman of the Supreme Court.
CHAPTER XIII
TRANSITIONAL PROVISIONS Article 27
The conflict of authority between the Syariah Court and the civil court within other judicature becomes the authority of the Supreme Court of the Republic of Indonesia for the first level and the highest level.
Article 28
The organizational structure, regional apparatus, positions in the regional administration, the existing regulations and laws remain effective until the establishment of the Qanun of the Province of Nanggroe Aceh Darussalam in accordance with this law.
Article 29
All the existing regulations and laws as long as not regulated in this law are declared remaining effective as the Qanun of the Province of Nanggroe Aceh Darussalam in accordance with those meant in this law.
Article 31
(1) Provisions on the implementation of this law related to the authority of the government are stipulated in a government regulation.
(2) Provisions on the implementation of this law related to the authority of the administration of the Province of Nanggroe Aceh Darussalam are stipulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
Article 32
Provisions on the implementation of this law must have been stipulated at the latest one period of year after this law is promulgated.
Article 33
This law can be amended by observing the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam.
Article 34 This law start to be effective on the date of promulgation.
For public cognizance, this law shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Legalized in Jakarta On August 9, 2001
THE PRESIDENT OF THE REPUBLIC OF INDONESIA SGD.
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta On August 9, 2001
STATE SECRETARY OF THE REPUBLIC OF INDONESIA sgd.
MUHAMMAD M. BASYUNI
ELUCIDATION ON
LAW NO. 18/2001 ON
SPECIAL AUTONOMY FOR THE PROVINCE OF THE SPECIAL REGION OF ACEH AS THE PROVINCE
OF NANGGROE ACEH DARUSSALAM
GENERAL
The Province of the Special Region of Aceh is part of the territory of the Unitary State of the Republic of Indonesia already inhabited from generation to generation by the tribes of Aceh, Gayo, Alas, Aneuk Jameie, Kluet, Tamiang, tribes of various island and other tribes since the beginning, which is later also inhabited by outsiders.
The territory of the Province of the Special Region of Aceh at present consists of 11 (eleven) regencies namely the Regencies of East Aceh, North Aceh, Bireuen, Pidie, Aceh Besar (Great Aceh), West Aceh, Simeuleu, South Aceh, Aceh Singkil, Southeast Aceh and Central Aceh and 4 (four) municipalities or bandas namely Banda Aceh, Sabang, Lhokseumawe and Langsa and is located in the northern tip of Sumatera as well as bordering with :
a. Malacca Strait in the north;
b. The Province of North Sumatera in the south; c. Malacca Strait in the east; and
d. Indonesian Ocean in the west.
Various policies on the realization of the government in the past time orienting on the centralized system are seen as the source of injustice in the life of the people as a nation and a country. Such a condition caused up-heavals of the people in the Province of the Special Region of Aceh which are manifested in the various forms of reactions. If not immediately responded in a wise manner, all the matters can threaten the integrity of the Unitary State of the Republic of Indonesia. The response to the matters takes the form of changes in policies on the realization of the regional administration for the Province of the Special Region of Aceh as stipulated in :
a. the Special Session of People's Consultative Assembly of 1999 already mandating in Stipulation of People's Consultative Assembly No. IV/MPR/1999 to among others give special autonomy to the Province of the Special Region of Aceh;
b. the Special Session of People's Consultative Assembly of 2000 already amending the Constitution of the Unitary State of the Republic of Indonesia in among others Article 18B, sub-article (1) to recognize and respect the units of the regional administration which are special and peculiar in nature, which is regulated in law; and
stipulated at the latest in May 2001.
The history of the existence of the people of Aceh in the archipelago country shows that the life of the people as a society, a nation and a country in the region has been able to create the life of the society which is unique, egalitarian and harmonized in preparing the life in this world and in the next. The people of Aceh has for long uphold the principle : "Traditions from the Sultan, Laws from Ulemas, Qanun from Price Pahang and Reusame from the Commander". The principle can still be articulated in the modern perspective in promoting the life of the people as a country and managing the administration of the country in a democratic and accountable manner. The order of such a life is made possible for being conserved in the life of the people as a nation and a country in the Unitary State of the Republic of Indonesia following the principle of Diversities in Unity.
Based on the said legal basis and historical values, it is necessary for the Province of the Special Region of Aceh to get opportunities to realize the regional administration in the form of special autonomy for the Province of the Special Region of Aceh as the Province of Nanggroe Aceh Darussalam within the Unitary State of the Republic of Indonesia.
This law is called "Law on Special Autonomy for the Province of the Special Region of Aceh as the Province of Nanggroe Aceh Darussalam". This law principally regulates the authority of the administration in the Province of the Special Region of Aceh which becomes the specialty of the authority of the regional administration, outside as regulated in Law No. 22/1999 on Regional Administrations and Law No. 25/1999 on the Equilibrium between the Finance of the Government and Regional Administrations.
The authority related to the field of national defense is the authority of the government. In the case of the implementation of policies in defense planning for the interest of the defense of the Unitary State of the Republic of Indonesia in the territory of the Province of Nanggroe Aceh Darussalam which is secrete in nature, the government makes coordination with the Governor of the Province of Nanggroe Aceh Darussalam.
The principle of this law is the giving of broader opportunities for the region to regulate and manage its own home affairs including the exploitation of economic resources, exploring and exploiting natural and human resources, encouraging initiatives, creativity and democracy, improving the participation of the society, exploring and implementing the order of the society in accordance with the high values of the society of Aceh, optimizing the functions of the Regional Legislative Body of the Province of Nanggroe Aceh Darussalam in developing the realization of the administration in the Province of Nanggroe Aceh Darussalam and applying Islamic laws in the life of the people as a society.
To implement various authority in the framework of the specialty, the government provides opportunities for increasing the revenues of the Province of Nanggroe Aceh Darussalam including possible additional revenues outside already regulated in this law.
This law focuses on special autonomy for the Province of Nanggroe Aceh Darussalam, which is implemented in regencies and municipalities or other names proportionally. This specialty is a valuable opportunity to make adjustment on the structure, composition, establishment and naming of the administration in lower levels in accordance with the spirit of living as a nation and a country growing in the high values of the society of Aceh, and regulated in a regional regulated called Qanun.
principle of lex specialist derogate lex generalist and the Supreme Court has the authority to conduct judicial review in the Qanun.
In the case of the granting of the special autonomy as meant in this law, the government is obliged to facilitate and optimize its role in the framework of the speeding up of the implementation of the special autonomy given to the Province of Nanggroe Aceh Darussalam. ARTICLE BY ARTICLE
Article 1 up to Article 3 Sufficiently clear Article 4
Sub-article (1)
Sufficiently clear Sub-article (2)
Letter a and letter b Sufficiently clear Letter c
Aims as one of the sources of the regional original revenues of the Province of Nanggroe Aceh Darussalam can reduce the obligation of aim payers in paying taxes in accordance with the existing regulations and laws, but not negate the obligation of paying taxes. Letter d and letter e
Sufficiently clear Sub-article (3)
Letter a and letter b Sufficiently clear Letter c
What is meant by putting priority for the Province of Nanggroe Aceh Darussalam is prioritizing the portion of special allocation fund given to the Province of Nanggroe Aceh Darussalam in the framework of the implementation of Law No. 44/1999 whose amount is stipulated in the State Budget for Revenues and Expenditures.
Sub-article (4)
which are distributed in accordance with a joint agreement and whose amount for each regency/municipality or other names is stipulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
The financial reports are audited based on the existing regulations and laws and the results are submitted to the regional administration. If considered necessary, the government and the Administration of the Province of Nanggroe Aceh Darussalam can appoint an independent auditor under the supervision of an authorized body or institution, for getting access to information needed for promoting the transparency of revenues earned from the said natural resources.
The first year of getting additional revenues in the framework of special autonomy as meant in this law is the fiscal year of 2002.
Sub-article (5) and Sub-article (6) Sufficiently clear
Article 5
Sufficiently clear Article 6
Sub-article (1)
What is meant by state enterprises (BUMN) are state enterprises whose capital consists of the shares of limited liability companies, excluding state enterprises in the form of public utility companies (PERUM) and government institutional companies (PERJAN).
What is meant by "domiciled and operating only in the territory of the Province of Nanggroe Aceh Darussalam" is the state enterprises having business activities only in the territory of the Province of Nanggroe Aceh Darussalam.
Sub-article (2)
Sufficiently clear Sub-article (3)
Deliberation between the government and the Province of Nanggroe Aceh Darussalam is conducted at the latest 3 (three) months after the public meeting of share holders (RUPS). The payment of the revenues of the government earned from the profits of the state enterprises to the Province of Nanggroe Aceh Darussalam is executed coinciding with the payment of dividends for the government. The allocation of fund for each regency/municipality or other names is further regulated in the Qanun of the Province of Nanggroe Aceh Darussalam.
Article 7 Sub-article (1)
This law obliges the allocation of 30% (thirty percent) of the revenues of the province, regency and municipality or other names earned from the equilibrium results as meant in Article 4, sub-article (3), letter a and revenues in the framework of special autonomy as meant in Article 4, sub-article (4) and or sub-article (5) for the need of education for the people. This provision is a different regulation in the framework of improving the welfare of the people.
Sub-article (3)
Sufficiently clear Article 8
Sufficiently clear Article 9
Sub-article (1) up to Sub-article (5) Sufficiently clear
Sub-article (6)
What is meant by the right of immunity is the right of the members of the Regional Legislative Body for not being sued before the court for their statements and or opinions expressed orally or in writing in both open or closed meetings of the Regional Legislative Body except the said members disclose matters agreed in closed meetings to be kept secret or matters meant in provisions on the announcement of state secrets as regulated in the second book of Criminal Codes.
Sub-article (7)
What is meant by at the amount of 125% (one hundred and twenty five percent) is one hundred and twenty five divided by one hundred multiplied by the number of the members stipulated in laws on general elections by rounding off up.
Sub-article (8)
Sufficiently clear Article 10
Sufficiently clear Article 11
Sub-article (1)
Sufficiently clear Sub-article (2)
What is meant by the technical tasks of the police are tasks as described in Law No. 28/1997 on the State Police of the Republic of Indonesia.
Sufficiently clear Article 12
Sub-article (1)
Sufficiently clear Sub-article (2)
Letter a
Sufficiently clear Letter b
What is meant by loyal and obedient to the Unitary State of the Republic of Indonesia and the legitimate government is being never involved in activities betraying the Unitary State of the Republic of Indonesia basing on the state ideology of Pancasila and the State Constitution of 1945, which are stated in a letter issued by the chairman of the court entitled with jurisdiction for the matters.
Letter c up to letter h Sufficiently clear Article 13 up to Article 14
Sufficiently clear Article 15
Sub-article (1) and Sub-article (2) Sufficiently clear
Sub-article (3)
The adjustment as meant in this sub-article is not defined to dismiss regent/vice regents and mayors/vice mayors or other names who are in office before the end of their term of office.
Article 16 Sub-article (1)
In accordance with this provision, a direct election as meant in Article 12 is conducted at the fastest 5 (five) years after this law is promulgated to provide opportunities for the government and the people to prepare the instruments of the conducting, conducive condition and socialization of the election.
Sub-article (2)
Sufficiently clear Article 17
Article 18
The right of voting as meant in this article can only be used after the conducting of the election of the regional head as meant in this law.
Letter a and Letter b Sufficiently clear Letter c
What is meant by the right of recalling the members of the Regional Legislative Body is the right of voters with an objective reason to propose in writing the dismissing of the members of the Regional Legislative Body through procedures in accordance with the existing regulations and laws including law on general elections. Therefore, the recognition of this right does not have any implication towards the system of the election of the members of the Regional legislative Body unless expected in the law regulating it. Letter d up to Letter g
Sufficiently clear Article 19 and Article 20 Sufficiently clear Article 21
Sub-article (1)
Sufficiently clear Sub-article (2)
What is meant by technical police activities in the field of security are all activities requiring police professionalism starting from matters which are pre-emotive preventive, non-judicial repressive and pro-judicial repressive in nature.
Sub-article (3)
Policies requiring coordination with the Governor of the Province of Nanggroe Aceh Darussalam are policies on security covering four aspects namely public orderliness and harmony, protection, caring and the provision of services for the society.
Sub-article (4) and Sub-article (5) Sufficiently clear
Sub-article (6)
The approval from the governor can be given orally or in writing at the latest in seven working days. In an urgent situation for security reason, the Chief Commander of the State Police of the Republic of Indonesia appoints an acting regional police commander while waiting for the approval from the Governor of the Province of Nanggroe Aceh Darussalam.
The Chief Commander of the State Police of the Republic of Indonesia has full authority to dismiss the regional police commander without asking for approval from the Governor of the Province of Nanggroe Aceh Darussalam and in certain matters the Governor of the Province of Nanggroe Aceh Darussalam can provide considerations for the Chief Commander of the State Police of the Republic of Indonesia to dismiss the regional police commander.
Sub-article (8)
Sufficiently clear Article 22 and Article 23 Sufficiently clear Article 24
Sub-article (1) and Sub-article (2) Sufficiently clear
Sub-article (3)
The Attorney General has full authority to dismiss the Head of the High Prosecution of the Province of Nanggroe Aceh Darussalam without asking approval from the Governor of the Province of Nanggroe Aceh Darussalam and in certain matters the Governor of the Province of Nanggroe Aceh Darussalam can provide consideration for the Attorney General to dismiss the Head of the High Prosecution.
Article 25 up to Article 34 Sufficiently clear
