REGULATIONS WITH THE MINISTER AND MINISTER OF STATE RELIGION
NUMBER: 9 OF 2006
NUMBER: 8 OF 2006
GUIDELINES CONCERNING THE DUTIES OF THE HEAD OF REGIONAL / DEPUTY HEAD OF REGIONAL TRACES IN THE MAINTENANCE OF RELIGIOUS harmony, harmony TRACES EMPOWERMENT FORUM RELIGIOUS, AND ESTABLISHMENT synagogue
BY THE GRACE OF GOD ALMIGHTY THE MINISTER OF RELIGION AND THE MINISTER OF HOME AFFAIRS,
a. that religious rights are human rights that can not be reduced under any circumstances;
b. that everyone is free to choose religion and worship according to his religion;
c. that the state guarantees freedom of each citizen to embrace their religious teachings and to worship according to his religion or belief;
d. that the Government is obliged to protect each resident businesses implement the teachings of religion and worship of followers-followers, to the extent not contrary to regulations ¬ invitation, not abuse or desecrate religion, and not to disturb the peace and public order;
e. that the Government has a duty to provide guidance and services for each resident in carrying out their religious teaching can take place with harmonious, smooth, and orderly;
f. that the direction of Government policy in national development in the field of religion, among others, improvement of service quality and understanding of religion, religious life, as well as increased internal harmony and inter-religious;
g. that local autonomy in order to organize, have obligations. implement matters concerning the field of planning, utilization, and supervision of spatial and obligation to protect society, maintain unity, unity, and national harmony and unity of the Unitary Republic of Indonesia;
h. that religious harmony is an important part of national harmony;
i. that the regional head and deputy head of the region in order to carry out its duties and authorities have a duty to maintain peace and order in society;
j. that the Joint Decree of the Minister of Religious Affairs and the Minister of Home Affairs Number 01/BER/MDN-MAG/1969 on the Implementation of the Governance Reform Task Order Ensures Smooth Implementation and Development of Religion and Worship by adherents ¬ adherents to its implementation in the autonomous region, basing needs and adjust the settings with provisions of laws and regulations;
k. that based on the considerations referred to in letter a, b, c, d, e, f, g, h, letter i, and j, have to establish the Joint Regulation of the Minister of Religious Affairs and Ministry of Home Affairs on Guidelines Duties of Regional Head / Deputy Head of Region in Maintenance of Religious Harmony People, Empowerment Forum Ummah Harmony of Religion and Establishment of Home Worship;
Given:
1. Presidential Determination Act No. I of 1965 on Prevention of Abuse and / or Blasphemy Religion (Indonesian State Gazette Year 1965 Number 3, Supplement to the Republic of Indonesia Number 2726);
2. Law No. 8 of 1985 on Social Organization (Indonesian State Gazette 1985 No. 44, Supplement to the Republic of Indonesia Number 3298);
3. Law Number 39 Year 1999 on Human Rights (State Gazette of the Republic of Indonesia Year 1999 Number 165, Additional State Gazette Number 3886);
4. Act No. 28 of 2002 on Building (Indonesian State Gazette Year 2002 Number 134, Supplement to the Republic of Indonesia Number 4247);
5. Act No. 10 of 2004 on the establishment of legislation (Republic of Indonesia Year 2004 Number 53, Supplement to the Republic of Indonesia Number 4389);
6. Law Number 32 Year 2004 regarding Regional Government (State Gazette of the Republic of Indonesia Year 2004 Number 125, Additional State Gazette Number 4437) as amended by Act No. 8 of 2005 on Stipulation of Government Regulation in Lieu of Law No. 3 of 2005 on Local government becomes a Law (State Gazette of the Republic of Indonesia Year 2005 Number 4 Supplement of the Republic of Indonesia Number 4468);
7. Government Regulation No. 18 of 1986 on the Implementation of Law No. 8 of 1985 (State Gazette of the Republic of Indonesia Year 1986 Number 24 Gazette of the Republic of Indonesia Number 3331);
8. Presidential Regulation No. 7 of 2005 on National Medium Term Development Plan for the Year 2004-2009;
9. Presidential Regulation No. 9 / 2005 concerning the status, tasks, functions, organizational structure and work the Ministry of the Republic of Indonesia as amended by Presidential Decree No. 62 of 2005;
10. Presidential Decree Number 10 Year 2005 regarding Organization Unit and Task of Echelon I of State Ministries of the Republic of Indonesia as amended and the latest by Presidential Regulation Number 63 of 2005;
11. Joint Decree of the Minister of Religious Affairs and the Minister of Home Affairs Number 1/BER/MDN-MAG/1969 on the Implementation of Public Administration Reform Task Order Ensures Smooth Implementation and Development of Religion and Worship by adherents ¬ adherents;
12. Joint Decree of the Minister of Religious Affairs and the Minister of Home Affairs Number 1/BER/MDN-MAG/1979 of Procedure for the Implementation of Broadcast Religion and Foreign Aid to Religious Institutions in Indonesia;
13. Decree of the Minister of Religious Affairs No. 373 of 2002 on the Organization and Administration Office of the Department of Religion Department of Religious Affairs Office of the Provincial and District;
14. Decree of the Minister of Home Affairs No. 130 of 2003 on the Organizational Structure and Management of the Ministry of the Interior;
15. Regulation of the Minister of Religion No. 3 of 2006 on the Organization and Management of the Ministry of Religious Affairs;
DECIDED:
Setting:
REGULATIONS WITH THE MINISTER AND MINISTER OF RELIGION ON DOMESTIC DUTIES OF THE HEAD OF REGIONAL GUIDELINES / DEPUTY HEAD OF REGIONAL TRACES IN THE MAINTENANCE OF RELIGIOUS harmony, harmony TRACES EMPOWERMENT FORUM RELIGIOUS AND ESTABLISHMENT synagogue.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Joint Rule referred to as:
1. Is a state of religious harmony among religious relationship based on tolerance, mutual understanding, mutual respect, respect for equality in the practice of religion and cooperation in society, nation and state in the Republic of Indonesia based on Pancasila and the Constitution of the State RepublikTahun 1945 .
2. Maintenance of religious harmony is a joint effort of religious community and the Government in the field of services, settings, and religious empowerment.
3. Synagogue is a building that has certain characteristics that specifically used for worship for the followers of each religion permanently, not including places of worship family.
4. Community Organisations Religious Religious hereinafter referred mass organizations are visionary national nongovernmental organization that was formed based on similarities of religion by citizens of the Republic of Indonesia as a voluntary, legal status, and are registered in local government and not the political party wing organization.
5. Religious leaders are community leaders who led a good religious people and religious organizations that do not lead religious organizations or recognized and respected by local people as role models.
6. People of Religious Harmony Forum, hereinafter abbreviated FKUB, is a forum established by the community and facilitated by the Government in order to build, nurture, and empower the religious community for harmony and prosperity.
7. Synagogue building committee is the committee formed by religious communities, religious organizations or officials of the synagogue.
8. Building Permits synagogue hereinafter referred IMB synagogue, is a permit issued by the regent / mayor for the construction of the synagogue.
CHAPTER II
DUTIES OF THE HEAD OF THE MAINTENANCE OF RELIGIOUS harmony TRACES
Article 2
Maintenance of religious harmony with the responsibility of religious communities, local governments and the Government.
Article 3
(1) maintenance of religious harmony in the province became the governor's duties and obligations.
(2) The governor's duties and obligations as referred to in paragraph (1) assisted by the head office of the provincial department of religion.
Article 4
(1) maintenance of religious harmony in the district / city is the duty and obligation regent / mayor.
(2) The duties and obligations of the regent / mayor referred to in paragraph (1) assisted by the head of the religion department office district.
Article 5
(1) Duties and liabilities of governors referred to in Article 3 include:
a. maintain peace and public order, including facilitating the establishment of religious harmony in the province; b. vertical coordinate agency activities in the province in the maintenance of religious harmony;
c. foster harmony, mutual understanding, mutual respect and mutual trust between religious communities; and
d. foster and coordinate the regent / vice regent and mayor / deputy mayor in the regional administration in the field of peace and public order in religious life.
(2) The duties referred to in paragraph (1) letter b, c, and d can be delegated to the deputy governor.
Article 6
Duties and liabilities of the regent / mayor referred to in Article 4 include:
a. maintain peace and public order, including facilitating the establishment of religious harmony in the district / city;
b. vertical coordinate agency activities in the district / city in the maintenance of religious harmony;
c. foster harmony, mutual understanding, mutual respect and mutual trust between religious communities;
d. foster and coordinate the sub-district head, headman, or village chief in the regional administration in the field of peace and public order in religious life; e. IMB issued a synagogue.
(2) The duties referred to in paragraph (1) letter b, c, and d can be delegated to the vice-regent / deputy mayor.
(3) The duties referred to in paragraph (1) letter a and c in the sub-delegated to the district and in the village / village delegated to the headman / chief village through the district.
Article 7
(1). Duties and obligations district referred to in Article 6 paragraph (3) include:
a. maintain peace and public order, including facilitating the establishment of religious harmony in the district;
b. foster harmony, mutual understanding, mutual respect and mutual trust between religious communities; and
c. foster and coordinate the headman and village heads in the regional administration in the field of peace and public order in the religious life.
(2) Duties and liabilities of headman / chief village referred to in Article 6 paragraph (3) include:
a. maintain peace and public order, including facilitating the establishment of religious harmony in the village / village; and
b. foster harmony, mutual understanding, mutual respect and mutual trust between religious communities.
CHAPTER III
FORUM religious harmony
Article 8
(1) FKUB established at provincial and district / city.
(2) Establishment FKUB as referred to in paragraph (1) conducted by the community and facilitated by local government. (3) FKUB as referred to in paragraph (1) has a consultative relationship.
Article 9
(1) FKUB province referred to in Article 8 paragraph (1) has the task:
a. engage in dialogue with religious leaders and community leaders; b. accommodate the aspirations of religious organizations and community aspirations; c. channel the aspirations of religious and community organizations in the form of policy recommendations as the governor; and
d. to disseminate legislation and policies on religious bi6ng relating to religious harmony and community empowerment.
(2) FKUB district as referred to in Article 8 paragraph (1) has the task:
a. engage in dialogue with religious leaders and community leaders; b. accommodate the aspirations of religious organizations and community aspirations; c. channel the aspirations of religious and community organizations in the form of policy recommendations as regent / mayor;
d. to disseminate legislation and religious policy in the field relating to religious harmony and community empowerment; and e. provide a written recommendation of the application for the establishment of the synagogue.
Article 10
(1) FKUB Membership consists of local religious leaders.
(2) The number of members of the provincial FKUB at most 21 people and the number of members FKUB, district at most 17 people.
(3) The composition of membership FKUB provincial and district referred to in paragraph (2) is based on the comparison of the number of local religious followers with representation of at least 1 (one) out of every religion that exist in provincial and district / city.
(4) FKUB lead by 1 (one) Chair, 2 (two) deputy chairman, 1 (one) secretary, 1 (one) deputy secretary, who is selected by consensus by the members.
Article 11
(1) In empowering FKUB, FKUB Advisory Council was formed at the provincial and district / city.
(2) FKUB Advisory Board referred to in paragraph (1) has the duty: a. assist in formulating policies regional head of maintenance of religious harmony, and b. FKUB facilitate working relationships with local governments and the relationships among government agencies in the region in the maintenance of religious harmony.
(3) Membership Advisory Board FKUB province referred to in paragraph (1) set by the governor with the membership:
a. Chairman: deputy governor;
b. Vice Chairman: head office of the provincial department of religion; c. Secretary: head of the political unity of the nation and the province;
d. Members: head of relevant agencies.
(4) Advisory Board FKUB district referred to in paragraph (1) shall be determined by the regent / mayor with the membership:
a. Chairman: vice regent / deputy mayor;
b. Vice Chairman: religion department head office district; c. Secretary: head of the political unity of the nation and the district / city;
d. Members: head of relevant agencies.
Article 12 Further provisions on the Advisory Board FKUB FKUB and provincial and district / city is regulated by the Governor.
CHAPTER IV
ESTABLISHMENT synagogue
Article 13
(1) The establishment of the synagogue is based on real needs and truly based on the composition of the population for religious services in the areas concerned municipality / village.
(2) Establishment of the synagogue, as referred to in paragraph (1) carried out while maintaining religious harmony, tranquility and not disturb public order, and comply with legislation.
(3) In the case of real need for religious services in the municipality / village as prescribed in paragraph (1) is not fulfilled, the consideration of the composition of the population used boundary region or district / city or province.
Article 14
(1) The establishment of the synagogue must meet administrative and technical requirements of the building.
(2) In addition to meeting the requirements referred to in paragraph (1) the establishment of the synagogue must meet specific requirements include:
a. list of names and identity card users synagogue at least 90 (ninety) a person authorized by local officials in accordance with the level of border territories referred to in Article 13 paragraph (3);
b. local community support for at least 60 (sixty) a person authorized by the headman / village heads;
c. written recommendation of the head office of the department of religion districts; and
d. written recommendations FKUB districts.
(3) In the event that the requirements referred to in paragraph (2) letter a letter b of the requirements are met while not yet being met, local governments are obliged to facilitate the availability of the location of the synagogue building.
Article 15
FKUB recommendations referred to in Article 14 paragraph (2) letter d is the result of deliberation and consensus in the meeting FKUB, stated in written form.
Article 16
(1) Application for establishment of the synagogue, as referred to in Article 14 proposed by the development committee of the synagogue to the regent / mayor to obtain a building permit synagogue.
(2) the mayor made a decision no later than 90 (ninety) days from the request for the establishment of the synagogue, filed as referred to in paragraph (1).
Article 17
Local government facilitates the provision of a new location for the synagogue building that has IMB displaced by changes in spatial planning.
CHAPTER V
TEMPORARY USE OF BUILDING PERMITS
Article 18
(1) Utilization of buildings rather than houses of worship as a temporary synagogue should receive a certificate granting a temporary permit of the mayor to fulfill the requirements:
a. worthy functions; and
b. maintenance of religious harmony and peace and order in society.
(2) Requirements-worthy functions referred to in paragraph (1) letter a reference to legislation concerning building.
(3) Requirements for maintenance of religious harmony and peace and public order as referred to in paragraph (1) letter b, include:
a. written permission of the owner of the building;
b. written recommendations headman / village heads;
c. reporting in writing to FKUB district; and
d. written report to the head office of the department of religious district.
Article 19
(1) The certificate of building permits while the utilization of non-building of the synagogue by regent / mayor referred to in Article 18 paragraph (1) issued after considering the written opinion of the head office of the department of religious district and FKUB districts.
(2) The certificate of granting a temporary permit utilization of the synagogue building was not referred to in paragraph (1) apply more than 2 (two) years.
Article 20
(1) The issuance of a certificate granting a temporary permit referred to in Article 19 paragraph (1) may be delegated to the district.
(2) The issuance of a certificate granting a temporary permit referred to in paragraph (1) shall be made after considering the written opinion of the head office of the department of religious district and FKUB districts.
CHAPTER VI
DISPUTE SETTLEMENT
Article 21
(1) due to the establishment of the synagogue dispute resolved through deliberation by the '-I the local community.
(2) In the case of deliberation as referred to in paragraph (1) is not reached, the dispute settlement made by regent / mayor's office assisted the head of the religion department district through meetings conducted in a fair and impartial manner by considering the opinions or advice FKUB district.
(3) In case of dispute settlement referred to in paragraph (2) does not, be achieved, the resolution of disputes through local courts.
Article 22
Governors carry out supervision on the regent / mayor and related agencies in the region to resolve the dispute as referred to in Article 21.
CHAPTER VII
MONITORING AND REPORTING
Article 23
(1) The Governor assisted the head of the provincial office of the religion department to supervise the regent / mayor and local agencies in the implementation of the maintenance of religious harmony, empowerment forum religious harmony and the establishment of the synagogue.
(2) the mayor's office assisted the head of the department of religion districts to supervise the district and village head / village heads and relevant agencies in the implementation of the maintenance of religious harmony, empowerment forum religious harmony, and the establishment of the synagogue.
Article 24
(1) The Governor reported the implementation of the maintenance of religious harmony, empowerment forum religious harmony, and regulation of the establishment of the synagogue in the province to the Minister of Home Affairs and Minister of Religious Affairs with a copy of the Coordinating Minister for Political, Legal and Security Affairs, and Coordinating Minister for People's Welfare.
(2) the mayor reported the implementation of the maintenance of religious harmony, empowerment forum religious harmony, and regulation of the establishment of the synagogue in the district / city to the governor with a copy of the Minister of Interior and Minister of Religious Affairs.
(3) The report referred to in paragraph (1) and (2) shall be submitted every 6 (six) months in January and July, or at any time if deemed necessary.
CHAPTER VIII
SHOPPING
Article 25
Shopping guidance and supervision of maintenance of religious harmony and empowerment FKUB nationally and funded from the expense of the State Budget.
Article 26
(1) Shopping implementation of the obligations of maintaining national harmony and maintain peace and public order in the field of maintenance of religious harmony, empowerment and regulation stance FKUB synagogue in the province and is funded from the expense of Government Revenues and Expenditures of the province.
(2) Shopping implementation of the obligation to maintain national harmony and maintain peace and public order in the field of maintenance of religious harmony, empowerment and regulation stance FKUB synagogue in the district and the expense is funded from the budget of the regional district.
CHAPTER IX
TRANSITIONAL PROVISIONS
Article 27
(1) FKUB and FKUB Advisory Board at the provincial and district / city established no later than 1 (one) year from the Joint Regulation of this set.
(2) FKUB or similar forum which has been established at provincial and district / city is adjusted at least 1 (one) year from the Joint Regulation of this set.
Article 28
(1) building permits for the synagogue issued by local governments prior to the enactment of this Joint declared valid and remain valid.
(2) Renovation of the synagogue building that already had IMB for the synagogue, are processed in accordance with the IMB does not occur during the transfer location.
(3) In the event that the synagogue building that has been used permanently and / or merniliki historical values that do not have IMB to the synagogue prior to the enactment of this joint, regents and mayors to help facilitate the issuance of building permit for the synagogue in question.
Article 29
Legislation that has been established by local governments shall be adjusted by this Joint Rule no later than within 2 (two) years.
CHAPTER X
FINAL PROVISIONS
Article 30
At the time of entry into force of this Joint Rule, regulations governing the establishment of the synagogue in the Joint Decree of the Minister of Religious Affairs and the Minister of Home Affairs Number 01/BER/MDN-MAG/1969 on the Implementation of the Governance Reform Task Order Ensures Smooth Implementation and Development of Religion and Worship by adherents- adherents revoked and declared invalid.
Article 31
Joint Regulation comes into force on the date of enactment.
Stipulated in Jakarta on March 21, 2006
MINISTER OF HOME AFFAIRS MINISTER OF RELIGION
M. MUHAMMAD Basyuni H. MOH. Ma'ruf
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