DECREE OF THE MINISTER OF HOME AFFAIRS NO. 41/2001 DATED NOVEMBER 28, 2001
REPRESSIVE SUPERVISION OVER REGIONAL POLICIES
THE MINISTER OF HOME AFFAIRS
Considering :
That in the framework of the implementation of repressive supervision as meant in the provisions of Government Regulation No. 20/2001 on the Fostering and Supervision of the Realization of Regional Administration, it is necessary to stipulate the Repressive Supervision over Regional Policies in a Decree of the Minister of Home Affairs.
In view of :
1. Law No. 22/1999 on Regional Administration (Statute Book of 1999 No. 60, Supplement to Statute Book No. 3839);
2. Law No. 25/1999 on the Equilibrium between the Financial Equilibrium between the Government and Regional Administration (Statute Book of 1999 No. 72, Supplement to Statute Book No. 3848);
3. Law No. 34/2000 on the Amendment to Law No. 18/1997 on Regional Taxes and Levies (Statute Book of 2000 No. 246, Supplement to Statute Book No. 4048);
4. Government Regulation No. 25/2000 on the Authority of the Government and Provinces as Autonomous Regions (Statute Book of 2000 No. 54, Supplement to Statute Book No. 3952);
5. Government Regulation No. 84/2000 on the Guidelines of the Organizations of Regional Apparatuses (Statute Book of 2000 No. 165);
6. Government Regulation No. 105/2000 on the Management and Accountability of Regional Finance (Statute Book of 2000 No. 202, Supplement to Statute Book No. 4022);
7. Government Regulation No. 109/2000 on the Status of the Finance of the Heads of Regional Administration (Statute Book of 2000 No. 210);
8. Government Regulation No. 110/2000 on the Status of the Finance of the Regional Legislative Councils (Statute Book of 2000 No. 211);
9. Government Regulation No. 20/2001 on the Fostering and Supervision of Realization of Regional Administration (Statute Book of 2001 No. 41, Supplement to Statute Book No. 4090);
10.Government Regulation No. 39/2001 on the Implementation of De-concentration (Statute Book of 2001 No. 62, Supplement to Statute Book No. 4095);
11.Government Regulation No. 65/2001 on Regional Taxes (Statute Book of 2001 No. 118, Supplement to Statute Book No. 4138);
12.Government Regulation No. 66/2001 on Regional Levies (Statute Book of 2001 No. 119, Supplement to Statute Book No. 4139);
DECIDES :
To stipulate :
DECREE OF THE MINISTER OF HOME AFFAIRS ON REPRESSIVE SUPERVISION OVER REGIONAL POLICIES.
CHAPTER I
GENERAL PROVISIONS Article 1
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 his/her ministers.
2. Regional administration is the head of a region and other apparatuses of the autonomous region as an executive body.
3. Provincial administration is a governor and the apparatuses of the autonomous region as a regional executive body.
4. The administration of regency is a regent/mayor and the apparatuses of the autonomous region as a regional executive body.
5. Governor is the head of a provincial region acting as the representative of the government. 6. Regent/mayor is the head of a regency/municipality.
7. Regional policies are the regulations, directives, references, provisions and guidelines of the realization of regional administrations stipulated in regional regulations, the decisions of the heads of regions, the decision of regional legislative bodies, and the decisions of the leadership of regional legislative bodies.
8. Repressive supervision is supervision applied to regional policies. CHAPTER II
AUTHORITY TO SUPERVISE Article 2
The Ministers of Home Affairs implements repressive supervision over regional policies on : a. Provincial regional regulations;
b. Decisions of governors which are regulatory in nature;
c. Decisions of regional legislative bodies on the regulations of provincial legislative bodies;
d. Decisions of regional legislative bodies on the status of the finance of the regional legislative bodies; e. Decisions of the leadership of provincial legislative bodies;
f. Regulations of regencies/municipalities on regional taxes and retributions; g. Regulations of regencies/municipalities on the management of areas;
h. Regulations of regencies/municipalities on the writing-off/change in regional assets;
i. Regulations of regencies/municipalities on the contributions of third parties to regional administrations; j. Decisions of regents/mayors on the contribution of third parties to regional administration;
k. Decisions of regents/mayors on the writing-off/change in regional assets.
Article 3
a) Regional regulations of regencies/municipalities and decisions of regents/mayors outside those meant in Article 2, letter f, g, h, i, j and k;
b) Decisions of regional legislative bodies of regencies/municipalities on the regulations of the regional legislative bodies;
c) Decisions of the regional legislative bodies of regencies/municipalities on the status of the finance of the regional legislative bodies;
d) Decisions of the leadership of the regional legislative bodies of regencies/municipalities.
Article 4
(1) The Minister of Home Affairs cancels regional policies as meant in Article 2 after making coordination with related institutions.
(2) Governors cancel regional policies as meant in Article 3.
(3) The cancellation as meant in sub-article (1) and sub article (2) is executed if the policies are against : a. public interests
Article 5
(1) Public interests as meant in Article 4, sub-article (3) cover appropriateness or traditions prevailing in a region such as religious norms, traditions, cultures and moral; values as well as matters burdening the society and causing high cost economy.
(2) Higher legal provisions as meant in Article 4, sub-article (3), letter b cover the State Constitution of 1945, the Stipulations of the People's Consultative Assembly (MPR), laws, government regulations, presidential decrees and ministerial decrees.
(3) Other legal provisions as meant in Article 4, sub-article (3), letter c cover regional regulations of provinces and or decisions of governors as well as regional regulations of regencies/municipalities and or decisions of regents/mayors stipulating objects of the same types.
CHAPTER III
PROCEDURES FOR SUPERVISION Article 6
(1) Regents/mayors submit regional policies as meant in Article 3 to Governors with copies for the Minister of Home Affairs at the latest 15 (fifteen) days after the stipulation of the policies in 2 (two) copies and 1 (one) copy to the Minister of Home Affairs.
(2) Regents/mayors submit regional policies as meant in Article 2, letter f, g, h, i, j and k to the Minister of Home Affairs at the latest 15 (fifteen) days after the stipulation of the policies in 4 (four) copies.
(3) Governor submit regional policies to the Minister of Home Affairs at the latest 15 (fifteen) days after the stipulation of the policies in 4 (four) copies.
Article 7
(1) To carry out supervision as meant in Article 2, the Minister of Home Affairs can establish a team in charge of assessing and evaluating regional policies with members recruited in accordance with the need.
(2) To carry out supervision as meant in Article 3, Governor can establish a team in charge of assessing and evaluating regional policies with members recruited in accordance with the need.
Article 8
(1) The team as meant in Article 7, sub-article (1) reports the results of the assessment and evaluation of regional policies to the Minister of Home Affairs.
(2) The team as meant in Article 7, sub-article (2) reports the results of the assessment and evaluation of regional policies of regencies/municipalities to the Governor.
(3) The results of the assessment and evaluation by the team as meant in sub-article (1) are presented in official reports containing recommendation used as the inputs of considerations for the Minister of Home Affairs in making a decree on cancellation.
(4) The results of the assessment and evaluation by the team as meant in sub-article (2) are presented in official reports containing recommendation used as the inputs of considerations for the Governor in making a decision on the cancellation.
Article 9
(1) Base on the results of the recommendation of the team as meant in Article 8, sub-article (3) the Minister of Home Affairs can issue a decree on the cancellation completed with its reasons.
(2) Based on the result of the recommendation of the team as meant in Article 8, sub-article (4) the Governor can issue a decision on the cancellation completed with its reasons.
At the latest 7 (seven) days after the issuance of the decision on the cancellation, the governor or regents/mayors must stop the implementation of regional regulations and or the decisions of regional heads.
CHAPTER IV
THE RAISING OF OBJECTION AGAINST CANCELLATION OR REGIONAL REGULATIONS AND DECISIONS OF HEADS OF REGIONS
Article 11
(1) A regent/mayor can raise objection against the cancellation of regional policies to the Supreme Court after submitting it to the Minister of Home Affairs and or the Governor as the representative of the government in the region.
(2) The Governor can raise objection against the cancellation of regional policies to the Supreme Court after submitting it to the Minister of Home Affairs.
CHAPTER V CONTROLLING
Article 12
(1) The Minister of Home Affairs can give a written warning to a Governor and or a regent/mayor for not submitting regional policies as meant in Article 6, sub-article (1) and (3).
(2) The Governor can give a written warning to a regent/mayor for not submitting regional policies as meant in Article 6, sub-article (2).
(3) In the case that the written warning as meant in sub-article (1) and (2) is neglected, the Minister of Home Affairs and or the Governor can announce it publicly.
CHAPTER VI REPORTING
Article 13
(1) The Governor is obliged to report the results of the supervision of regional policies to the Minister of Home Affairs.
(2) The report as meant in sub-article (1) is submit at the latest 30 (thirty) days after supervision is carried out. CHAPTER VII
CLOSING PROVISIONS Article 14
This ministerial decree starts to be effective at the date of stipulation.
Stipulated in Jakarta On November 28, 2001
THE MINISTER OF HOME AFFAIRS sgd.
