No

Aspect

Sub-district as Local Agency Law No. 32 of 2004

Sub-district as Non-Local Agency Law No. 23 of 2014

1

Judicial Regulation

In Article 120 clause (2) Law No. 32 of 2004, sub-district is local agency together with regional secretary, secretary of DPRD, local office, regional technical institution, and district.

Article 209 clause (2) Law No. 23 of 2014, sub-district is not a local agency.

2

Definition of sub-district

Regulation of Minister of Home Affairs No. 36 of 2007, operational area of lurah as local agency of regency/city is in operational area of district.

It does not specify the definition beside condition for its creation by Regional regulation (Article 229 clause (1)).

3

Authority

a) Implementing agency for political decentralization (devolution -Delegation of authority).

b) Implementing administrative affairs delegated by regent/mayor (Article 2 Regulation of Minister of Home Affairs No. 36 of 2007 on Delegation of Administrative Affairs of Regency/City to lurah).

Only to the level of district are authorized to implement administrative affairs under the authority of Local government and assisting duty (Article 209 (3)).

4

Duties of lurah

Law No. 32 of 2004

a) implementation of administrative activities of sub-district;

b) public empowerment;

c) public service;

d) implementation of public security and order; and

e) maintenance of public facilities and infrastructures.

Regulation of Minister of Home Affairs No. 36 of 2007

a) Sub-district is operational area of luras as the local agency of regency/city within operational area of District (Article 1).

b) Lurah is authorized to implement administrative, development, and social affairs (Article 2 clause (1)).

c) Lurah implements administrative affairs as delegated by regent/mayor. (Article 2 clause (2)).

d) Regent/mayor delegates administrative affairs to lurah in accordance with the needs of sub-district, by considering efficiency and accountability (Article 3).

e) Administrative affairs of regency/city delegated by regent/mayor to lurah are mandatory affairs and optional affairs (Article 5 clause (1)).

f) Further provision shall be stipulated in Regulation of Regent/Mayor (Article 5 clause (2)).

Article 229 Law No. 23 of 2014

It is stated that it is to assist camat in:

a) implementation of administrative activities of sub-district;

b) implementatin of public empowerment;

c) implementation of public service;

d) maintenance of public security and order; and

e) maintenance of public facilities and infrastructures;

f) implementation of other duties as delegated by camat;

g) implementation of other duties as stipulated;

h) in laws and regulations.

5

Planning

Entitled with autonomy to make its own Strategic Plan according to public needs.

Not entitled with autonomy to make its own Strategic Plan Strategic Plan is made as part of District’s Strategic Plan.

6

Budgeting

Entitled with autonomy to prepare its own budgeting according to the needs and Strategic Plan.

Depending on availability of fund and District’s Strategic Plan.

7

Authority

Given by regent/mayor according to the needs of lurah, of both mandatory and optional affairs.

Limited in the implementation of duties given by camat.