REPUBLIC OF INDONESIA GOVERNMENT REGULATION NUMBER 43 YEAR 2014 REGARDING IMPLEMENTING REGULATION FOR OF LAW NUMBER 6 OF 2014 REGARDING VILLAGES

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1 Disclaimer This translation has been commissioned by the World Bank s Jakarta Office. The World Bank cannot guarantee the accuracy and correctness of the translation. REPUBLIC OF INDONESIA GOVERNMENT REGULATION NUMBER 43 YEAR 2014 REGARDING IMPLEMENTING REGULATION FOR OF LAW NUMBER 6 OF 2014 REGARDING VILLAGES WITH THE BLESSING OF THE ONE AND ONLY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : that in order to implement provisions of Article 31 clause (3), Article 40 clause (4), Article 47 clause (6), Article 50 clause (2), Article 53 clause (4), Article 66 clause (5), Article 75 clause (3), Article 77 clause (3), and Article 118 clause (6) of Law Number 6 of 2014 regarding Villages an in order to optimize the administration of Village Government, implementation of Village development, community guidance, and Village empowerment, it is necessary to establish a Government Regulation regarding Implementing Regulation for Law Number 6 of 2014 regarding Villages; Recalling : 1. Article 5 clause (2) of the 1945 Constitution of the Republic of Indonesia; 2. Law Number 6 of 2014 regarding Villages (Republic of Indonesia State Gazette of 2014 Number 7, Addendum to Republic of Indonesia State Gazette Number 5495); DECIDING: Establishing : GOVERNMENT REGULATION REGARDING IMPLEMENTING REGULATION FOR LAW NUMBER 6 OF 2014 REGARDING VILLAGES. CHAPTER I GENERAL PROVISIONS Article 1 In this Government Regulation terms used have the following meanings: 1. Village is village and customary [adat) village or as referred to by other names, to be further referred to as Village, which is a legal community unit that has territorial boundaries with an authority to regulate and manage government affairs, local community interests based on community initiative, customary rights, and/or traditional rights that are

2 recognized and respected in the administrative system of the Unitary State of the Republic of Indonesia. 2. Village Administration is the governance of administrative and local community affairs in the administrative system of the Unitary State of the Republic of Indonesia. 3. Village Government is the Village Head or as referred to by any other name assisted with Village apparatus as the administrative element of the Village Governance. 4. Village Medium Term Development Plan, to be further abbreviated as RPJM Des, is the Village Development Activity Plan for the period of 6 (six) years. 5. Village Government Work Plan, to be further referred to as RKP Desa, is the elaboration of RPJM Desa for a period of 1 (one) year. 6. Village-owned Enterprise, to be further referred to as BUM Desa, is an enterprise whose capital is wholly or mostly owned by the Village through direct investment originating from Village assets that is separated in order to manage assets, services, and other enterprises for the maximum benefit of Village community welfare. 7. Village Funds are funds originating from state revenue and expenditure budget apportioned to the Village and customary village transferred through the Regional Kabupaten/City Revenue and Expenditure Budget and used to finance the administration of Government, development, as well as community empowerment and community affairs. 8. Village Funds Allocation, to be further abbreviated as ADD, is balance funds received by Kabupaten/City in the APBD of district/municipality after subtracting the Special Allocation Funds. 9. Village Revenue and Expenditure Budget, to be further referred to as APB Desa, is the annual financial plan of the Village Administration. 10. Village Assets are goods owned by the Village originating from original Village assets, purchased or obtained at the expense of APB Desa or other valid rights obtainment. 11. Village Property are Village-owned assets in the form of liquid assets and fixed assets. 12. Days are working days. 13. Minister is the minister in charge of Village affairs. CHAPTER II VILLAGE ORGANIZATION Part One Village Formation Paragraph 1 General Article 2 Village Formation shall be initiated by: a. The Government; or b. regional government of kabupaten/city. Paragraph 2 Village Formation by the Government Article 3 2

3 (1) The Government may initiate Village formation in regions of special and strategic nature for national interests. (2) The initiative of Village formation as stipulated in clause (1) may be proposed by the relevant ministry/non-ministerial government agency. (3) The proposed Village formation initiative as stipulated in clause (2) shall be submitted to the Minister. Article 4 The Village formation by the Government as stipulated in Article 3 may be in the form of: a. partitioning of 1 (one) Village to become 2 (two) or more Villages; or b. merging a part of a Village from an adjacent Village to become 1 (one) Village or merging several Villages to become 1 (one) new Village. Article 5 (1) The proposed Village formation initiative as stipulated in Article 3 clause (3) shall be deliberated by the Minister together with initiating ministers/leadership of non-ministerial government agencies as well as concerned provincial regional government and kabupaten/city regional government. (2) In conducting deliberations as stipulated in clause (1) the Minister may ask for considerations from relevant ministers/leadership of nonministerial government agencies. (3) In the event that the outcome of deliberations of the proposed initiative as stipulated in clause (1) is an approval to form a Village, the Minister shall issue a decision regarding the approval to form the Village. (4) The Ministerial Decree as stipulated in clause (2) must be acted on by the kabupaten/city regional government by incorporating it in the kabupaten/city regional bylaw regarding Village formation. (5) The kabupaten/city regional bylaw as stipulated in clause (3) must already be established by the bupati/mayor within at most 2 (two) years since the incorporation of the Ministerial Decree. Paragraph 3 Village Formation by the kabupaten/city Regional Government Article 6 (1) The Village formation initiative by kabupaten/city Regional Government as stipulated in Article 3 letter b shall be based on results of evaluation regarding the level of progress of Village Administration in the region. (2) The Village formation initiative by kabupaten/city Regional Government must consider the Village community initiative, origins, customs and traditions, sociocultural conditions of the Village community, as well as the Village s capability and potentials. Article 7 The Village formation by the kabupaten/city regional government as stipulated in Article 2 letter b may be in the form of: a. partitioning of 1 (one) Village to become 2 (two) or more Villages; or b. merging a part of a Village from an adjacent Village to become 1 (one) Village or merging several Villages to become 1 (one) new Village. Article 8 A kabupaten/city in conducting Village formation through Village partitioning as stipulated in Article 7 letter a shall be obligated to socialize the Village 3

4 partitioning plan to the parent Village Government and the Village community in question. Article 9 (1) The Village partitioning plan as stipulated in Article 8 shall be deliberated by the parent Village Consultative Council in Village deliberations to obtain a consensus. (2) The consensus outcome from Village deliberations as stipulated in clause (1) shall become a consideration and input for bupati/mayor in conducting Village partitioning. (3) The consensus outcome from Village deliberations as stipulated in clause (2) shall be submitted in writing to the bupati/mayor. Article 10 (1) The Bupati/mayor after receiving the consensus outcome of the Village deliberations as stipulated in Article 9 clause (3) shall establish the preparatory Village formation team. (2) The preparatory Village formation team as stipulated in clause (1) shall at least consist of: a. elements of the kabupaten/city Regional Government in charge of Village Administration, community empowerment, regional development planning, and statutory laws; b. camat or other titles; and c. elements of academia specializing in the field of governance, regional development planning, development, and community affairs. (3) The preparatory village formation team shall be tasked with performing verification of requirements of preparatory village formation in accordance with provisions of statutory laws. (4) The results of the preparatory village formation team as stipulated in clause (3) shall be cast in the form of recommendations expounding the propriety of forming the preparatory Village. (5) In the event that the preparatory village recommendation is deemed appropriate, the bupati/mayor shall establish the bupati/mayor regulation regarding the formation of the preparatory Village. Article 11 The status of the preparatory Village as stipulated in Article 10 clause (5) may be elevated to become a Village within at most 3 (three) years since its establishment as a preparatory village. Article 12 (1) Bupati/mayor shall submit the bupati/mayor regulation as stipulated in Article 10 clause (5) to the governor. (2) Pursuant to the bupati/mayor regulation as stipulated in clause (1), the governor shall issue a letter specifying the preparatory Village register code. (3) The preparatory Village register code as stipulated in clause (2) shall be part of the parent village code. (4) The governor s letter as stipulated in clause (2) shall serve as the basis for the bupati/mayor to appoint the acting head of the preparatory village. (5) The acting head of the preparatory Village as stipulated in clause (4) shall come from among the civil servants of the kabupaten/city Regional Government for a term of 1 (one) year at most and may be extended at most 2 (two) times for the same term in office. (6) The acting head of the preparatory Village as stipulated in clause (5) shall be accountable to the bupati/mayor through the head of the parent Village. 4

5 (7) The acting Village head as stipulated in clause (6) shall be tasked with implementing the formation of the preparatory Village that includes: a. establishing borders of the Village territory in accordance with cartographic principles; b. management of the operational budget of the preparatory Village originating from the parent Village Budget; c. forming organizational structure; d. appointment of Village apparatus; e. preparation of basic facilities for Village residents; f. construction of facilities and infrastructure for Village Administration; g. data collection on population, economic potentials, inventory of land and construction of economic, education, and health facilities; and h. opening inter-village transportation access. (8) In performing the tasks as stipulated in clause (7), the Acting Village head shall involve the participation of Village community. Article 13 (1) The Acting head of the preparatory Village shall report the progress of preparatory Village implementation as stipulated in Article 12 clause (2) to: a. the head of the parent Village; and b. the bupati/mayor through camat or other designations. (2) The report as stipulated in clause (1) shall be submitted periodically once every 6 (six) months. (3) The report as stipulated in clause (2) shall become consideration material and input for the bupati/mayor. (4) The report as stipulated in clause (3) shall be submitted by the bupati/mayor to a team to be studied and verified. (5) In the event that the results of the study and verification as stipulated in clause (4) state that the preparatory village shall be deemed fit to become a Village, the bupati/mayor shall prepare a draft kabupaten/city regional bylaw regarding the formation of the preparatory village to become a Village. (6) The draft kabupaten/city regional bylaw as stipulated in clause (5) shall be deliberated together with the DPRD of kabupaten/city. (7) If the draft kabupaten/city regional bylaw as stipulated in clause (6) is approved together by the bupati/mayor and the DPRD of kabupaten/city, the bupati/mayor shall submit the draft regional bylaw of the kabupaten/city to the governor to be evaluated. Article 14 (1) The governor shall perform an evaluation of the draft regional bylaw regarding the Village formation based on urgency, national interest, regional interest, Village community interest, and/or statutory laws. (2) The governor shall state his approval or rejection of the draft regional bylaw as stipulated in clause (1) at the latest 20 (twenty) Days after receiving the draft regional bylaw. (3) In the event that the governor approves the draft regional bylaw as stipulated in clause (2), the kabupaten/city Regional Government shall conduct a refinement and enactment as Regional Bylaw within at most 20 (twenty) Days. (4) In the event that the governor does not approve the draft regional bylaw as stipulated in clause (2), the draft regional bylaw cannot be approved and cannot be resubmitted within 5 (five) years after the rejection by the governor. 5

6 (5) In the event that the governor does not approve or does not reject the draft regional bylaw as stipulated in clause (2), the bupati/mayor may enact the draft regional bylaw and the regional secretary shall promulgate it in the regional gazette. (6) In the event that the bupati/mayor does not establish the draft regional bylaw that has been approved by the governor, the draft regional bylaw within 20 (twenty) Days since the date of the approval by the governor shall be declared effective automatically. Article 15 (1) The kabupaten/city regional bylaw regarding the Village formation shall be promulgated after getting a registration number from the governor and a Village code from the Minister. (2) The kabupaten/city regional bylaw as stipulated in clause (1) shall be enclosed with a map of Village territory borders. Article 16 (1) In the event that the results of the study and verification as stipulated in Article 12 clause (4) state that the preparatory village does not fit to become a Village, the preparatory Village shall be eliminated and the territory returned to the parent Village. (2) The elimination and return of the preparatory Village to the parent village as stipulated in clause (1) shall be imparted with a bupati/mayor regulation. Paragraph 4 Village Merger by Kabupaten/Kota Regional Government Article 17 The provisions regarding Village formation through partitioning as stipulated in Article 8 to Article 16 shall apply mutatis mutandis with respect to Village formation through merger of Village parts from 2 (two) Villages or more combining to become 1 (one) new Village. Article 18 (1) The Village Formation through a merger of several Villages to become 1 (one) new Village as stipulated in Article 7 letter b shall be conducted pursuant to an agreement of the concerned Villages. (2) The agreement of Villages as stipulated in clause (1) shall be produced through the following mechanism: a. the Village Consultative Bodies in question shall organize Village Assembly; b. outcomes of the Village Assembly from every Village shall become material for the Village merger agreement; c. outcomes of the Village consultation agreement shall be established in a joint decisions of the Village Consultative Bodies; d. the joint decision of the Village Consultative Bodies shall be signed by the concerned Village heads; and e. the Village heads will together propose the merger of the Villages to the bupati/mayor in 1 (one) written proposal by affixing the joint agreement. (3) The Village merger as stipulated in clause (1) shall be established with a kabupaten/city regional bylaw. 6

7 Part Three Village Elimination Article 19 (1) Village elimination shall be conducted in the event of a strategic interest of a national program or due to a natural disaster. (2) Village elimination as stipulated in clause (1) shall be the authority of the Government. Part Four Village Status Change Paragraph 1 General Article 20 Village status change includes: a. Village to kelurahan [ward]; b. kelurahan to Village; and c. customary [adat] Village to Village. Paragraph 2 Status Change of Village to Kelurahan Article 21 A status change of Village to kelurahan must meet the following requirements: a. no change in area of territory; b. a population at least 8,000 (eight thousand) people or 1,600 (one thousand six hundred) households for Java and Bali and at least 5,000 (five thousand) or 1,000 (one thousand) households for outside of Java and Bali; c. administrative facilities and infrastructure for the administration of kelurahan government; d. economic potential expressed as types, number of services and production enterprises, as well as a diversity of livelihoods; e. sociocultural conditions of the community expressed as the diversity of population status and a transformation from an agrarian society to an industrial and service society; and f. increasing the quantity and quality of services. Article 22 (1) A change of status from Village to kelurahan shall be made based on the initiative of the Village Government along with the Village Consultative Council by taking into consideration the suggestions and opinions of the local Village community. (2) The initiative as stipulated in clause (1) shall be discussed and agreed in a Village consultation. (3) The agreement resulting from the Village consultation as stipulated in clause (2) shall be articulated in a decree. (4) The agreement resulting from the consultation as stipulated in clause (3) shall be submitted by the Village head to the bupati/mayor as a proposal for change of status from Village to kelurahan. (5) The bupati/mayor shall set up a team to conduct a study and verification of the Village head s proposal as stipulated in clause (4). 7

8 (6) The outcome of the study and verification as stipulated in clause (5) shall serve as input for bupati/mayor to approve or disapprove the proposed change of status from Village to kelurahan. (7) In the event that the bupati/mayor approves the status change of Village to kelurahan, the bupati/mayor shall submit the draft kabupaten/city regional bylaw regarding the change of Village status to kelurahan to the regional kabupaten/city DPRD to be discussed and approved jointly. (8) The discussion and establishment of the draft kabupaten/city regional bylaw regarding the status change of Village to kelurahan shall be conducted pursuant to provisions of statutory laws. Article 23 (1) Village Head, Village apparatus, and members of the Village Consultative Council whose status has been changed to kelurahan shall be honorably discharged from their office. (2) The Village Head, Village apparatus, and members of the Village Consultative Council as stipulated in clause (1) shall be given an award and/or severance according to the fiscal capacity of the kabupaten/city Regional Government. (3) Filling the office of lurah and kelurahan apparatus as stipulated in clause (1) shall draw on civil servants from the regional government of the kabupaten/city in question in accordance with provisions of statutory laws. Paragraph 3 Change of Kelurahan Status to Village Article 24 (1) A status change of kelurahan to Village can only be done for kelurahan where the community still is rural. (2) The status change of kelurahan to Village as stipulated in clause (1) may be entirely becoming a Village or partly becoming a Village and partly remaining as kelurahan. Paragraph 4 Status Change of Adat Village to Village Article 25 (1) The status of an adat Village can be changed to become a Village. (2) The status change of adat Village to Village must meet the following criteria: a. no change in area of territory; b. population: 1) Java region at least 6,000 (six thousand) people or 1,200 (one thousand two hundred) households; 2) Bali region at least 5,000 (five thousand) people or 1,000 (one thousand) households; 3) Sumatra region at least 4,000 (four thousand) people or 800 (eight hundred) households; 4) South Sulawesi and North Sulawesi region at least 3,000 (three thousand) people or 600 (six hundred) households; 5) West Nusa Tenggara region at least (two thousand five hundred) people or 500 (five hundred) households; 6) Central Sulawesi, West Sulawesi, Southeast Sulawesi, Gorontalo, and South Kalimantan region at least (two thousand) people or 400 (four hundred) households; 8

9 7) East Kalimantan, West Kalimantan, Central Kalimantan, and North Kalimantan region at least 1,500 (one thousand five hundred) people or 300 (three hundred) households; 8) East Nusa Tenggara, Maluku, and North Maluku region at least 1,000 (one thousand) people or 200 (two hundred) households; and 9) Papua and West Papua region at least 500 (five hundred) people or 100 (one hundred) households. c. administrative facilities and infrastructure for the administration of kelurahan government [sic]; d. economic potential expressed as types, number of services and production enterprises, as well as a diversity of livelihoods; e. the sociocultural conditions of the society expressed as the diversity of population status and transformation from an agrarian society to an industrial and service society; and f. increasing the quantity and quality of services. Article 26 (1) The change of status from adat Village to Village shall be done according to the initiative of the Village Government along with Village Consultative Council by considering the advice and opinions of the local Village community. (2) The initiative as stipulated in clause (1) shall be discussed and agreed on in adat Village Assembly. (3) The agreement resulting from the adat Village Assembly as stipulated in clause (2) shall be enshrined in the form of a decree. (4) The decision resulting from the consultation as stipulated in clause (3) shall be submitted by the Village head to the bupati/mayor as a proposal for status change of adat Village to Village. (5) The bupati/mayor shall establish a team to conduct an assessment and verification of the Village head s proposal as stipulated in clause (4). (6) Results of the assessment and verification as stipulated in clause (5) shall serve as input for the bupati/mayor to approve or disapprove the proposal for status change of adat Village to Village. (7) In the event that the bupati/mayor approves the proposal of status change of adat Village to Village, the bupati/mayor shall submit a draft kabupaten/city regional bylaw regarding status change of adat Village to Village to the kabupaten/city DPRD to be deliberated and approved jointly. (8) In the event that the draft kabupaten/city regional bylaw as stipulated in clause (7) is jointly approved by bupati/mayor and DPRD of the kabupaten/city, the bupati/mayor shall submit the draft kabupaten/city regional bylaw to the governor to be evaluated. Article 27 The provisions regarding evaluation of draft kabupaten/city regional bylaw regarding Village formation, assignment of register number, and assignment of Village code as stipulated in Article 14 to Article 15 shall apply mutatis mutandis with respect to the establishment of draft kabupaten/city regional bylaw regarding status change of adat Village to Village, assignment of a register number, and assignment of a Village code. Paragraph 5 Status Change of Village to Adat Village Article 28 9

10 (1) The Government, provincial regional government, and kabupaten/city regional government, may change the status of a Village to adat Village. (2) Provisions regarding procedures for changing the status of a Village to adat Village shall be regulated with a Ministerial Regulation. Part Five Establishment of Village and Adat Village Paragraph 1 General Article 29 (1) Kabupaten/city Regional Government shall conduct an inventory of Villages in their jursdiction that have received Village codes. (2) The results of Village inventory as stipulated in clause (1) shall be used as the basis by kabupaten/city Regional Government to establish Villages and adat Villages that are present in its territory. (3) The Villages and adat Villages as stipulated in clause (2) shall be established with a kabupaten/city regional bylaw. Paragraph 2 Establishment of Adat Villages Article 30 (1) The establishment of adat Villages shall be done with the following mechanisms: a. identification of existing Villages; and b. assessment of existing Villages that can be established as adat Villages. (2) The identification and assessment as stipulated in clause (1), shall be performed by the provincial regional government and kabupaten/city regional government along with adat assemblies or other similar institutions. Article 31 (1) The bupati/mayor shall establish adat Villages that have met the requirements based on results of identification and assessment as stipulated in Article 30. (2) The establishment of adat Villages as stipulated in clause (1) shall be articulated in a draft regional bylaw. (3) The draft regional bylaw as stipulated in clause (2) that has been jointly approved in a plenary meeting of kabupaten/city DPRD shall be submitted to the governor in order to obtain the register numbers and to the Minister in order to obtain the Village codes. (4) The draft regional bylaw that has received the register numbers and Village codes as stipulated in clause (3) shall be established as a Regional bylaw. Article 32 (1) The application of origin rights [asal usul] by adat Villages shall at least include: a. setting up the organizational system and adat community institutions; b. adat law institutions; c. traditional rights ownership; d. management of adat Village land assets; e. management of customary [ulayat] lands; f. consensus in the lives of adat Village community; g. filling the positions of Village head an adat Village apparatus; and 10

11 h. term in office. (2) Provisions regarding functions and authorities of Village Government administration, implementation of Village development, community guidance, and community empowerment shall apply mutatis mutandis with respect to functions and authorities of adat Village government administration, implementation of adat Village development, adat Village guidance, and adat Village community empowerment. (3) In applying the origin rights as stipulated in clause (1) as well as functions and authorities of the Government as stipulated in clause (2), an adat Village shall establish institutions that accommodate the two functions. (4) In implementing the functions and authorities of the Administration as stipulated in clause (2) the head of adat Village or any other names may delegate the implementing authorities to adat Village apparatus or other designations. Part Six Village Code Article 33 (1) A draft kabupaten/city regional bylaw regarding the formation, elimination, merger, and status change of Village to kelurahan or kelurahan to Village that has received the joint approval of the bupati/mayor with the kabupaten/city DPRD shall be submitted to the governor to be evaluated. (2) In the event that the draft regional bylaw as stipulated in clause (1) is approved, the governor shall submit the results of evaluation of the draft kabupaten/city regional bylaw as stipulated in clause (1) to the bupati/mayor along with the registration number of the preparatory Village becoming a Village and submit to the Minister to obtain the Village code number. Article 34 Further provisions regarding Village organization shall be regulated with a Ministerial Regulation. CHAPTER III AUTHORITIES Article 35 Village authorities include: a. authorities based on origin rights [asal usul]; b. local Village-scale authorities; c. authorities designated by the Government, provincial regional government, or kabupaten/city regional government; and d. other authorities designated by the Government, provincial regional government, or kabupaten/city regional government pursuant to provisions of statutory laws. Article 36 (1) The village authorities based on origin rights as stipulated in Article 35 letter a shall include at least: a. adat community organization system; b. community institution guidance; c. adat institution and law guidance; d. management of Village land assets; and 11

12 e. development of Village community role. (2) The local Village-scale authorities as stipulated in Article 35 letter b shall at least consist of the following authorities: a. management of boat moorings; b. management of Village markets; c. management of public baths; d. management of irrigation networks; e. management of Village community settlements; f. guidance of community health and management of integrated health posts [posyandu]; g. development and guidance of art and learning studios; h. management of Village libraries and reading clubs; i. management of Village ponds; j. management of Village-scale drinking water; and k. construction of Village roads between settlements and agricultural lands. (3) In addition to the authorities stipulated in clause (1) and clause (2), the Minister may establish types of Village authorities according to the situation, condition, and local needs. Article 37 (1) Kabupaten/city Regional Government shall conduct identification and inventory of authorities according to the origin rights and local Villagescale authorities as stipulated in Article 36 by involving the Village. (2) Based on the results of identification and inventory as stipulated in clause (1), the bupati/mayor shall establish bupati/mayoral regulation regarding a list of authorities according to origin rights and local Village-scale authorities pursuant to provision of statutory laws. (3) The bupati/mayoral regulation as stipulated in clause (2) shall be followed up by the Village Government by establishing a Village regulation regarding authorities based on origin rights and local Village-scale authorities according to the local situation, condition, and needs. Article 38 Authorities designated by the Government and Regional Government shall be implemented pursuant to provisions of statutory laws. Article 39 Further provisions regarding the establishment of Village authorities shall be regulated by Ministerial Regulation. CHAPTER IV VILLAGE GOVERNMENT Part One Village Head Paragraph 1 Procedures for Village Head Election Article 40 (1) Village head elections shall be held simultaneously in all kabupaten/city regions. (2) The simultaneous Village head elections as stipulated in clause (1) can be held in rounds at most 3 (three) times in a time span of 6 (six) years. 12

13 (3) In the event of a vacuum in the office of Village head in the administration of simultaneous Village head election, the bupati/mayor shall appoint an acting Village head. (4) The acting Village head as stipulated in clause (3) shall originate from the civil servants in the environs of kabupaten/city regional government. Article 41 (1) Village head elections shall be held through the following stages: a. preparations; b. nomination; c. vote gathering; and d. establishment. (2) The preparation stage as stipulated in clause (1) letter a shall comprise of the following activities: a. Village Consultative Council notification to the Village head regarding the end of his/her term submitted 6 (six) months before the end of his/her term; b. formation of a Village head election committee by the Village Consultative Council shall be established 10 (ten) Days after the notification about the end-of-office term; c. the final report of the Village head term of office to the bupati/mayor shall be submitted in 30 (thirty) days after the notification about the end of office term; d. planning on election cost shall be submitted by the committee to the bupati/mayor through camat or other designations within 30 (thirty) Days after the formation of the election team; and e. approval of the election cost from the bupati/mayor within 30 (thirty) Days since the submission by the committee. (3) The stage as stipulated in clause (1) letter b shall comprise of the following activities: a. announcement and registration of the nominated candidate within 9 (nine) Days; b. assessment on the completeness of administrative requirements, clarification, as well as establishment and announcement of the name of candidates within 20 (twenty) Days; c. establishment of Village head candidate nominees as stipulated in letter b shall at least involve 2 (two) candidates and at most 5 (five) candidates; d. establishment of fixed voters list for the implementation of Village head election; e. conducting Village head candidate campaign in a time span of 3 (three) Days; and f. a quiet period of 3 (three) Days. (4) The vote gathering stage as stipulated in clause (1) letter c shall comprise of the following activities: a. conducting vote gathering and counting of the votes; b. establishment of the candidate receiving the most votes; and/or c. in the event that there are more than 1 (one) candidate receiving the most votes, the elected candidate shall be established based on a wider voting region. (5) The stages of establishment as stipulated in clause (1) letter d shall comprise of the following activities: a. election committee report regarding the elected candidate to the Village Consultative Council at the latest 7 (seven) Days after the ballot; 13

14 b. Village Consultative Council report regarding the elected candidate to the bupati/mayor at the latest 7 (seven) Days after receiving the committee s report; c. the bupati/mayor shall issue a decision regarding the validation and instatement of the Village head at the latest 30 (thirty) Days since receiving the report from the Village Consultative Council; and d. the bupati/mayor or other officials appointed to instate the elected Village head at the latest 30 (thirty) Days since the issuance of the decision to validate and inaugurate the Village head with procedures pursuant to statutory laws. (6) The other appointed officials as stipulated in clause (5) letter d shall be the vice bupati/mayor or camat or other designations. (7) In the event that there is a dispute about the outcomes of Village head elections, the bupati/mayor is obligated to resolve the dispute within 30 (thirty) Days. Article 42 (1) The Village head that will re-nominate him/herself shall be given leave of office since being established as a candidate until the conclusion of the establishment of the elected candidate implementation. (2) In the event that the Village head goes on leave as stipulated in clause (1), the Village secretary shall assume the tasks and obligations of the Village head. Article 43 (1) A civil servant nominating him/herself in the Village head elections must obtain a written permission from the civil service guidance official. (2) In the event that the civil servant as stipulated in clause (1) is elected and instated as a Village head, the person shall be temporarily dismissed from the position while serving as Village head without depriving his/her rights as a civil servant. Article 44 (1) Village apparatus nominating him/herself in the election of the Village head shall take leave beginning from the time the person is registered as a nominated candidate for Village head. (2) The tasks of the Village apparatus as stipulated in clause (1) shall be backed up by other Village apparatus established by a Village head decree. Paragraph 2 Interim Village Head Elections through Village Assembly Article 45 (1) A Village Assembly specifically organized to hold interim Village head elections shall be held at the latest within 6 (six) months since the time a Village head is dismissed with the following mechanism: a. prior to organizing Village Assembly, the following activities shall be conducted: 1. establishment of an interim Village head elections committee by the Village Consultative Council at the latest within 15 (fifteen) Days since the dismissal of the Village head; 2. proposal of the election cost levied on the Village Budget by the election committee to the acting Village head at the latest within 30 (thirty) Days since the committee is established; 14

15 3. approval of the election cost by the acting Village head at the latest within 30 (thirty) Days since being proposed by the election committee; 4. announcement and registration of Village head candidate nominees by the election committee within 15 (fifteen) Days; 5. review of the administrative requirements completeness of the candidate nominee by the election committee within 7 (seven) Days; and 6. establishment of interim Village head candidates by the election committee of at least 2 (two) candidates and at most 3 (three) candidates to be approved by the Village Assembly to be established as candidates with the right to be elected in Village Assembly. b. The Village Consultative Council shall hold Village Assembly that includes the following activities: 1. holding Village Assembly chaired by the Head of Village Consultative Council and the technical election implementation of which shall be executed by the election committee; 2. approval of Village head candidates with the right to be elected by Village Assembly through consultative consensus or through voting; 3. implementing the election of Village head candidates by the election committee through a consultative consensus mechanism or through voting as agreed by the Village consultation; 4. reporting the outcomes of Village head candidate election by the election committee to the Village consultation; 5. approval of the elected candidate by the Village Assembly; 6. reporting the outcomes of Village Head elections through Village Assembly to the Village Consultative Council within 7 (seven) Days since the Village Assembly approves the Village head elect; 7. reporting of the elected Village head candidate from the Village Assembly by the head of the Village Consultative Council to the bupati/mayor at the latest 7 (seven) Days since receiving the report from the election committee; 8. issuance of the bupati/mayor decree regarding approval of the instatement of the elected Village head candidate at the latest 30 (thirty) Days since receiving the report from the Village Consultative Council; and 9. inauguration of the Village head by the bupati/mayor at the latest 30 (thirty) Days since the issuance of the decree regarding the approval the elected Village head candidate appointment with the inauguration event order pursuant to statutory laws. Article 46 Further provisions regarding Village head elections shall be regulated by Ministerial Regulation. Paragraph 3 Village Head Office Term Article 47 (1) The Village head shall hold office for 6 (six) years since the inauguration date. (2) The Village head as stipulated in clause (1) may hold office for at most 3 (three) office periods in succession or not in succession. 15

16 (3) The provisions regarding the office term as stipulated in clause (2) shall apply for all regions of Indonesia. (4) The provisions regarding the office term as stipulated in clause (2) shall include the office term of the Village head elected through Village Assembly. (5) In the event that the Village head resigns before the expiration of the office term or is dismissed, the Village head shall be considered to have held 1 (one) office term. Paragraph 4 Village Head report Article 48 In discharging his/her tasks, authorities, rights, and obligations, a Village head shall be obligated to: a. submit a report on the administration of Village Government at the end of every fiscal year to the bupati/mayor; b. submit a report on the administration of Village Government at the end of the office term to the bupati/mayor; c. submit a report on government administration remarks in writing to the Village Consultative Council at the end of every fiscal year. Article 49 (1) The Village Government administration report as stipulated in Article 48 letter a shall be submitted to the bupati/mayor through the camat or other designations at the latest 3 (three) months after the conclusion of the fiscal year. (2) The Village Government administration report as stipulated in clause (1) shall at least contain: a. accountability on the administration of the Village Government; b. accountability on development implementation; c. implementation of community guidance; and d. implementation of community empowerment. (3) The Village Government administration report as stipulated in clause (1) shall be used as evaluation material by the bupati/mayor as basis for guidance and supervision. Article 50 (1) The Village head must submit the report on the administration of the Village Government at the end of the office term as stipulated in Article 48 letter b to the bupati/mayor through camat or other designations. (2) The Village Government administration report as stipulated in clause (1) shall be submitted at the latest 5 (five) month before the end of the office term. (3) The Village Government administration report as stipulated in clause (1) shall at least contain: a. a summary of reports from prior years; b. a Village Government administration plan for the remaining 5 (five) months of the office term; c. achieved and unachieved outcomes; and d. matters deemed to need improvement. (4) The implementation of the Village Government administration plan as stipulated in clause (3) letter b shall be reported by the Village head to the bupati/mayor in the office handover memorandum. Article 51 16

17 (1) The Village head shall submit the information report on Village Government administration at the end of every fiscal year to the Village Consultative Council in writing at the latest 3 (three) months after the end of the fiscal year. (2) The information report on Village Government administration as stipulated in clause (1) shall at least include the implementation of Village regulations. (3) The information report on Village Government administration as stipulated in clause (1) shall be used by the Village Consultative Council in implementing its supervision function of the Village head s performance. Article 52 The Village head shall inform in writing and using information media easily accessible by the public about the administration of the Village Government to the Village community. Article 53 Further provisions regarding the report on Village Government administration shall be regulated in a Ministerial Regulation. Paragraph 5 Termination of Village Head Article 54 (1) A Village head shall be terminated due to: a. death; b. own request; or c. dismissal. (2) A Village head shall be termination as stipulated in clause (1) letter c due to: a. end of his/her office term; b. inability to perform duties in a sustainable manner or has not been present consecutively for 6 (six) months; c. no longer meeting the requirements to be a Village head; d. violating prohibitions as a Village head; e. a status change from Village to kelurahan, a merger of 2 (two) Villages or more to become 1 (one) new Village, or elimination of a Village; f. failure to perform the obligations as a Village head; or g. being found guilty by a court decision with permanent legal force. (3) In the event that the Village head is terminated as stipulated in clause (1), the Village Consultative Council shall report to the bupati/mayor through camat or other designations. (4) The termination of a Village head as stipulated in clause (3) shall be established with a bupati/mayor decree. Article 55 In the event that the remaining term of office of the dismissed Village head is no more than 1 (one) year due to termination as stipulated in Article 54 clause (1) letter a and letter b as well as clause (2) letter b, letter c, letter d, letter f, and letter g, the bupati/mayor shall appoint a civil servant from the kabupaten/city Regional Government as acting Village head until the election of a new Village head. Article 56 17

18 In the event that the remaining office term of the dimissed Village head is more than 1 (one) year due to termination as stipulated in Article 54 clause (1) letter a and letter b as well as clause (2) letter b, letter c, letter d, letter f, and letter g, the bupati/mayor shall appoint a civil servant from the kabupaten/city Regional Government as the acting Village head until the election of a new Village head resulting from Village Assembly. Article 57 (1) In the event that a policy is made to postpone holding the Village head elections, the Village head whose office term has expired shall still be dismissed and the bupati/mayor shall appoint an acting Village head. (2) The policy to postpone the holding of Village head elections as stipulated in clause (1) shall be established by the Minister. (3) The bupati/mayor shall appoint an acting Village head as stipulated in clause (1) from among the civil servants in the kabupaten/city Regional Government. Article 58 (1) The civil servant appointed as the acting Village head as stipulated in Article 55, Article 56, and Article 57 clause (3) must at least comprehend leadership and technical administrative field. (2) The acting official as stipulated in clause (1) shall perform the same tasks, authorities, and obligations and be entitled to the rights of a Village head. Article 59 (1) A Village head with a civil servant status upon termination as Village head shall be restored to the original institution. (2) A Village head with a civil servant status upon reaching civil service retirement age shall be dismissed honorably as a civil servant by securing the rights pursuant to provisions of statutory laws. Article 60 Further provisions regarding procedures for dismissing a Village head shall be regulated in a Ministerial Regulation. Part Two Village Apparatus Paragraph 1 General Article 61 (1) Village apparatus shall consist of: a. a Village secretariat; b. territorial implementers; and c. technical implementers. (2) Village apparatus shall have the position as a supporting element for the Village head. Article 62 (1) A Village secretariat shall be headed by a Village secretary assisted by secretariat staff tasked with supporting the Village head in the field of government administration. (2) The Village secretariat as stipulated in clause (1) shall comprise at most 3 (three) sections. 18

19 (3) The provisions regarding sections as stipulated in clause (2) shall be regulated with a Ministerial Regulation. Article 63 (1) A territorial implementer shall be the Village head s supporting element as a territorial task unit. (2) The number of territorial implementers shall be determined proportionally between the needed territorial implementers and the Village s financial capacity. Article 64 (1) The technical implementer shall be the Village head s supporting element as the operational task implementer. (2) The technical implementer as stipulated in clause (1) shall at most comprise of 3 (three) sections. (3) The provisions regarding technical implementers as stipulated in clause (2) shall be regulated with a Ministerial Regulation. Paragraph 2 Appointment of Village Apparatus Article 65 (1) Village apparatus shall be appointed from Village residents who meet the following requirements: a. a minimum high school education or equivalent; b. aged between 20 (twenty) years until 42 (forty two) years; c. registered as Village resident and has resided in the Village at least 1 (one) year before registration; and d. other requirements set in the kabupaten/city regional bylaw. (2) Other requirements for appointing Village apparatus established in the kabupaten/city regional bylaw shall consider the origin rights and the sociocultural values of the community. Article 66 The appointment of the Village apparatus shall be performed with the following mechanism: a. the Village head shall conduct networking and screening or selection of Village apparatus nominees; b. the Village head shall conduct consultations with the camat or other designations regarding the appointment of Village apparatus; c. the camat or other designations shall provide a written recommendation regarding the Village apparatus nominees that has been consulted with the Village head; and d. the written recommendation of the camat or other designations shall be used as the basis by the Village head in appointing the Village apparatus with a decree of the Village head. Article 67 (1) A civil servant of the local kabupaten/city to be appointed as the Village apparatus must obtain a written permit from the civil service guidance official. (2) In the event that a civil servant of the local kabupaten/city as stipulated in clause (1) is selected and appointed to become Village apparatus, the concerned person shall be temporarily discharged from his position while 19

20 serving as Village apparatus without relinquishing his/her rights as a civil servant. Paragraph 3 Termination of Village Apparatus Article 68 (1) A Village apparatus shall be terminted due to: a. death; b. own request; or c. dismissal. (2) A Village apparatus shall be dismissed as stipulated in clause (1) letter c due to: a. age reaching 60 (sixty) years; b. permanent absence; c. no longer meeting the requirements as Village apparatus; or d. violating prohibitions as Village apparatus. Article 69 The termination of a Village apparatus shall be performed with the following mechanism: a. the Village head shall conduct consultation with the camat or other designations regarding the termination of a Village apparatus; b. camat or other designations shall provide written recommendation specifying the termination of the Village apparatus that has been consulted with the Village head; and c. a written recommendation of camat or other designations shall be used as the basis by the Village head in the termination of the Village apparatus with the decision of the Village head. Article 70 Further provisions regarding appointment and termination of Village apparatus shall be regulated in a Ministerial Regulation. Part Three Service Attire and Attributes Article 71 (1) A Village head and Village apparatus shall wear service attire and attributes. (2) Further provisions regarding service attire and attributes as stipulated in clause (1) shall be regulated in a Ministerial Regulation. Part Four Village Consultative Council Paragraph 1 Filling Village Consultative Council Membership Article 72 (1) Filling the Village Consultative Council membership shall be conducted democratically through a process of direct elections or representative consultations by ensuring the representation of women. 20

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