to Indonesian
a. that to implement the provisions of Article 16 paragraph (3) and Article 20 paragraph (3) of Law Number 39 of 2009 concerning Special Economic Zones, and to integrate the interests of various sectors, regions and stakeholders in the development of Special Economic Zones, it is necessary to be established National Council and Zone Council of Special Economic Zones;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Presidential Regulation concerning National Council and Zone Council of Special Economic Zones;
1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia of 1945;
2. Law Number 17 of 2003 concerning State Finance (Statute Book of the Republic of Indonesia Number 47 of 2003, Supplement to Statute Book of the Republic of Indonesia Number 4286);
3. Law Number 1 of 2004 concerning State Treasury (Statute Book of the Republic of Indonesia Number 5 of 2004, Supplement to Statute Book of the Republic of Indonesia Number 4355);
4. Law Number 32 of 2004 concerning Regional Administration (Statute Book of the Republic of Indonesia Number 125 of 2004, Supplement to Statute Book of the Republic of Indonesia Number 4437) as amended by Law Number 12 of 2008 (Statute Book of the Republic of Indonesia Number 59 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4844);
5. Law Number 39 of 2009 concerning Special Economic Zones (Statute Book of the Republic of Indonesia Number 147 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5066);
6. Government Regulation Number 41 of 2007 concerning the Regional Administrator Organization (Statute Book of the Republic of Indonesia Number 89 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4741);
PRESIDENTIAL REGULATION CONCERNING NATIONAL COUNCIL AND ZONE COUNCIL OF SPECIAL ECONOMIC ZONES.
In organizing the development of Special Economic Zones, it is established the National Council of Special Economic Zones, in this Presidential Regulation hereinafter called the National Council.
National Council is subordinate and accountable to the President.
National Council has the duties to assist the President in:
(1) The organizational structure of the National Council consists of the Head and Members.
(2) National Council is led by the Coordinating Minister for Economic Affairs, and has members of Ministers/Head of the agencies that at least handle the government affairs in fostering of regional government, finance, industry, public works, trade, transportation, labor, national development planning; and investment coordination.
(3) The Head and Members of the National Council established by the President.
(1) National Council in formulating policies can establish Implementation Team.
(2) Implementation Team as intended in paragraph (1) consists of echelon I officials of the Ministries and related Non Ministerial Government Agencies.
(3) Duties and Membership of Implementation Team will be determined further by the Head of the National Council.
(1) To support the implementation of the duties of the National Council, it is established the Secretariat of the National Council.
(2) Secretariat of the National Council is technical operating under and responsible to the Head of the National Council and is administratively located in the Coordinating Ministry for Economic Affairs.
Secretariat of the National Council has the duties to organize supports and services of operational technical and administrative to the National Council, as well as fostering to all elements within the Secretariat of the National Council.
In the implementation of the duties as intended in Article 7, the Secretariat of the National Council has following functions:
(1) Secretariat of National Council is led by a Secretary.
(2) The Secretary of the National Council held by the Civil Servants (PNS) which is a structural position of IIa echelon.
(3) The Secretary of the National Council shall be appointed and dismissed by the Head of the National Council.
(1) Secretariat of the National Council consists of a maximum 4 (four) Sections.
(2) Each Section consists of at most 3 (three) Sub Sections.
(3) Section as intended in paragraph (1) led by Section Head who is a structural position of IIIa echelon.
(4) Sub Section as intended in paragraph (2) led by the Head of Sub Section who is a structural position of IVa echelon.
(1) PNS is placed on the Secretariat of the National Council has helping assigned status.
(2) PNS as intended in paragraph (1) is dismissed from organic position in his/her parent agency.
(3) The process of PNS ranking as intended in paragraph (1), carried out by the parent agency in accordance with regulation.
(4) PNS as intended in paragraph (1), honorably dismissed as a PNS when has reach the limit of retirement age and is given appropriate employment rights in accordance with regulation.
Details of the duties, functions, organizational structure, and working procedures of the Secretariat of the National Council shall be further determined by the Chairman of the National Council after obtaining the written approval of the Minister who is responsible in the utilization of state apparatus.
Financial rights and other facilities for the Secretary of the National Council, Officers and Employees of the Secretariat of the National Council, are determined by the Head of the National Council after obtaining the approval of the Minister who responsible in the field of utilization of state apparatus.
All costs required for the implementation of the duties of the Secretariat of the National Council are from:
Secretary of the National Council is Budget User Proxy/Goods User Proxy at working unit.
(1) National Council conduct meeting at least once in 1 (one) year.
(2) National Council meeting as intended in paragraph (1) led by the Head of the National Council, and attended by the members.
(3) National Council may invite the Minister, Head of Non Ministerial Government Agencies, the Governor, the Regent/Mayor or certain officials, as well as other related elements to attend in National Council meeting, and involve them in the development of KEK.
(4) The rules of meeting and procedures to take National Council decision shall be regulated by the Head of the National Council.
National Council conduct consultation meeting and/or coordination with the Head of the Zone Council at least once within 2 (two) years.
(1) Zone Council formed in each province that part of its area is determined as a KEK.
(2) Zone Council as intended in paragraph (1), proposed by the National Council to the President to be determined by the Presidential Decree.
(3) Zone Council as intended in paragraph (1), is responsible to the National Council.
(1) Zone Council has duties to assist the National Council in:
(2) In performing its duties as intended in paragraph (1), Zone Council shall apply the principles of coordination, integration, and synchronization with the National Council.
(1) Organizational Structure of Zone Council consists of the Head it is the Governor, the Vice Head it is the regent/mayor, and Members.
(2) Members of Zone Council as intended in paragraph (1), consisting of:
(1) In support the duties, Zone Council established a Secretariat of Zone Council.
(2) Secretariat of Zone Council under and be responsible to the Zone Council.
Secretariat of Zone Council has duties to organize support and operational technical services and administrative to the Zone Council.
In organizing the duties as intended in Article 19, the Secretariat of Zone Council the following functions:
(1) The Secretariat of Zone Council in ex-officio held by the work unit/province area apparatus who handles duties and functions in the field of investment or trade.
(2) Secretariat of Zone Council led by a Secretary who is responsible in carrying out his/her duties to the Head of the Zone Council.
If deemed necessary, the Zone Council may establish Experts Team, the composition of membership is determined by the Head of Zone Council.
(1) Zone Council conducts meeting at least once in 3 (three) months.
(2) The Zone Council meeting as intended in paragraph (1), led by the Head of the Council and attended by members.
(3) Zone Council may invite Agency, Regent/Mayor or certain officials, as well as other related elements to attend Zone Council meeting, and involve them in the development of KEK in their region.
(4) The rules of meeting and procedures to take Zone Council decision shall be regulated by the Head of Zone Council.
All costs required for the implementation of the Secretariat of Zone Council duties are from:
(1) In each area designated as Special Economic Zones, Zone Council formed Administrator.
(2) Administrator as intended in paragraph (1), shall be responsible to the Zone Council.
Administrator established as intended in Article 28 paragraph (1), determined as the Regional Apparatus by the Governor in terms of KEK is inter district/municipality, or Regent/Mayor in case of KEK is in district/municipality.
Administrator of Zone Council has duties to assist in:
(1) Administrator is led by a Head of Administrator from PNS.
(2) Head of Administrator as intended in paragraph (1), an equivalent echelon IIb positions.
(3) The administrator shall consist of:
(1) Personnel of Administrator as intended in Article 31 paragraph (3) are from the PNS elements.
(2) PNS is placed in Administrator has helping assigned status.
(3) PNS as intended in paragraph (2), is dismissed from organic position in his/her parent agency without losing status as PNS.
(4) The process of PNS ranking as intended in paragraph (1), carried out by the parent agency in accordance with regulation.
(5) PNS as intended in paragraph (2), who is dismissed or end of duties, back to the parent agency if it has not reached retirement.
(6) PNS as intended in paragraph (1), honorably dismissed as a PNS when has reach the limit of retirement age and is given appropriate employment rights in accordance with regulation.
Financial rights and other facilities for the Head and the Personnel of Administrator are granted in accordance with the regulation.
All costs required for the performance of duties of the Administrator are from:
Further provisions required for the implementation of this Presidential Regulation shall be governed by the Head of the National Council.
This Presidential Regulation shall come into force on the date of stipulation.
Stipulated in Jakarta
on May 21, 2010
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed.
DR. H. SUSILO BAMBANG YUDHOYONO
Copy is same with the original
Deputy Secretary Cabinet in Law Field,
signed,
Dr. M. Imam Santoso