Regulatory Region Number 7 In 2012

Original Language Title: Peraturan Daerah Nomor 7 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bdb357b0e086b3313634353433.html

Perda_7_2012 REGULATION of the PROVINCE of CENTRAL KALIMANTAN REGION number 7 in 2012 on SETTING UP TRAFFIC on PUBLIC ROADS and PATHS SPECIFICALLY for TRANSPORT PRODUCED by MINING and PLANTATION with the GRACE of GOD ALMIGHTY the GOVERNOR of Central KALIMANTAN, Considering: a. that the public roads have a certain ability and limited in terms of power support/capabilities structure as well as accommodate the average daily traffic, so the need for anticipatory measures to provide security protection and convenience to road users and the public about the standards the public, through the control of the freight traffic passes through the public roads; b. that for the sake of order, fluency, comfort and safety of the general public as well as traffic in order to attempt a general road maintenance and construction as well as the holding of a special road, viewed need to do settings regarding the use of public roads and paths specifically for transport mining and plantation results results; c. that based on considerations as referred to in letter a and letter b, need to establish local regulations on setting up Traffic On Public Roads and paths specifically for Transport produced by mining and Plantation; Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 21 of 1958 concerning the determination of the Emergency Law number 10 in 1957 About the formation of the Autonomous Region level I Central Kalimantan and the change of Act No. 25 of 1956 on the establishment of Autonomous areas level I of West Kalimantan, South Kalimantan And East Kalimantan (Indonesia Republic Gazette in 1957 the number 53, additional sheets of the Republic of Indonesia Number 1284) as legislation (Gazette of the Republic Indonesia in 1958 the number 62 Additional Sheets, the Republic of Indonesia Number 1622); COPY 2 3. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286); 4. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355); 5. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 6. Act No. 38 of 2004 concerning road (State Gazette of the Republic of Indonesia Number 132 in 2004, an additional Sheet of the Republic of Indonesia Number 4441); 7. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725); 8. Act No. 22 of 2009 about traffic and Road Transport (State Gazette of the Republic of Indonesia year 2009 Number 96, an additional Sheet of the Republic of Indonesia Number 5025); 9. Act No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 82 in 2011, an additional Sheet of the Republic of Indonesia Number 5234); 10. Government Regulation Number 41 in 1993 about the Road Transport (State Gazette of the Republic of Indonesia Number 58 in 1993, an additional Sheet of the Republic of Indonesia Number 3527); 11. Government Regulation Number 42 in 1993 about the inspection of motor vehicles on the road (State Gazette of the Republic of Indonesia Number 60 in 1993, an additional Sheet of the Republic of Indonesia Number 3528 non); 12. Government Regulation Number 43 of 1993 concerning road traffic and Infrastructure (State Gazette of the Republic of Indonesia Number 64 in 1993, an additional Sheet of the Republic of Indonesia Number 3530);

3 13. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 14. Government Regulation Number 34 in 2006 about the road (State Gazette of the Republic of Indonesia year 2006 Number 86, an additional Sheet of the Republic of Indonesia Number 4655); 15. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 16. Government Regulation number 19 of 2010 regarding the procedures for the implementation of Tasks and authorities as well as the financial position of the Governor as the representative of the Government in the territory of the province (State Gazette of the Republic of Indonesia Number 82 in 2010, an additional Sheet of the Republic of Indonesia Number 5107); 17. Regulation of the Minister of Home Affairs number 13 Year 2006 about Regional Financial Management Guidelines as amended by regulation of the Minister of Home Affairs Number 59 in 2007 about the changes to the regulation of the Minister of Home Affairs number 13 year 2006 Financial Management Guidelines of the region; 18. Regulation of the Minister of public works number 11/PRT/M/2011 about the Special Way of organizing Guidelines; Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL PROVINCE of CENTRAL KALIMANTAN and CENTRAL KALIMANTAN GOVERNOR DECIDED: setting: LOCAL REGULATIONS on SETTING UP TRAFFIC on PUBLIC ROADS and ROAD TRANSPORT OUTCOMES are SPECIFIC to the PRODUCTION of MINES and plantations.

4. CHAPTER I GENERAL PROVISIONS Section I the sense of article 1 in regulation of this area are: 1. The area is the area of the province of Central Kalimantan. 2. Local Government is the Governor, Governor or mayor, and other areas as the organizer of local governance. 3. The Governor is the Governor of Central Kalimantan. 4. Representatives of the regional is the regional House of representatives province of Central Kalimantan. 5. District/City Government is the Government district/city province of Central Kalimantan region. 6. The road is the road transport infrastructure covering all parts of the road, including complementary buildings and equipment intended for the traffic, which is at ground level and/or water as well as on the surface of the water, except for the railway, road and street lori cable. 7. Public Road is a road reserved for public traffic. 8. Special Road is a road that was built by agencies, business entities, individuals or groups of people for his own interests. 9. Mining is the mining trade Indonesia Citizens or legal entities established under the laws of Indonesia and domiciled in Indonesia who manages effort of mining with a certain scale. 10. The company's Plantation is a plantation trade Indonesia Citizens or legal entities established under the laws of Indonesia and domiciled in Indonesia who manages effort plantation with a certain scale. 11. The organization of the road is an activity that includes the setting, coaching, development and supervision of the road. 12. The Unit's Work Unit is the SEGWAY Device surroundings Areas the province or district/city: on the road. 13. Organizer of the Special is the way agencies/SEGWAY wing, business entities, individuals, or groups of people who do the Providence Street to serve his own interests.

5 the second goal and purpose article 2 purpose and traffic control purposes in public roads and paths specifically for transport produced by mining and plantation that is to: a. realizing the security, comfort, and safety order road users; b. anticipate a decrease in physical public roads through the control and restriction of traffic transport produced by mining and plantation through the public roads, taking into account the ability of the structure and capacity; c. the road network system embodies the Sepik and managed in order to support the Organization of the transportation system are orderly and integrated; d. embody the role of the community in organizing street; e. realizing harmony, harmony and balance for road users; f. keep the sustainability of the environmental function and prevent the damage; g. orderly alignment and attainment of the Providence road; and h. the availability of roads which meet the conditions of security, safety, public order, the smooth, economical, environmentally friendly and alignment. The third part of article 3 Scope the scope of the setting of the use of the road: a. traffic on public roads; b. Special road; c. monitoring and control; d. provision of investigation; e. administrative sanctions; f. criminal provisions; g. transitional provisions; h. provisions cover.


6 CHAPTER II of TRAFFIC on PUBLIC ROADS is considered the toughest Axis Charge Part of article 4 (1) charge the axis of heaviest public roads is 8 (eight) tons. (2) vehicles are allowed to enter the public road, namely vehicles with payloads of the axis of the heaviest (MST) most high 8 (eight) tons. The second part the results of Transport Traffic Control mining and Plantation Results on Public roads article 5 (1) vehicles produced by mining and plantation are prohibited from passing through the public roads in terms of: a. the toughest axis charge (MST) above 8 tons (eight); b. has a length of more than 9 (nine) meters, width 2.1 (two comma a) meters, height 3.5 (three comma five) meters; and/or c. convoy vehicles/transport produced by mining and plantations. (2) the results of mining production as referred to in subsection (1) is coal, iron ore and zircon. (3) results in the production of the estate referred to in subsection (1) is the fresh fruit bunches (FFB) Palm oil, Crude Palm Oil (CPO), Palm Kernel Oil (PKO), Slab, and Lumb. (4) the Conditions referred to in subsection (1) applies also to vehicles: a. forest products; b. building materials; and c. nine staples. Article 6 (1) mining Results as stipulated in article 5 paragraph (2) which is already in the form of packaging that is intended for household use, it can be transported through the public roads with restrictions on tonnage in accordance with class path as referred to in article 4.

7 (2) of fresh fruit Bunches (FFB) yield oil palm plantation and implement partnerships with companies can be transported via public roads with restrictions on tonnage in accordance with class path as referred to in article 4. CHAPTER III SPECIAL ROAD Section I General article 7 (1) every company mining and plantations that build and use special road must be with the permission of Bupati/Walikota with prior approval of the Governor. (2) special Roads referred to in subsection (1) may be used for general traffic in limited, all approved by the organizer of a special road. (3) special Roads referred to in subsection (1) is marked with signs or sign stating that the road is not for the public. The second part of a special Path planning of article 8 (1) of the General Planning of special Roads carried out by local governments. (2) Special Road Planning done by the organizer of a special Path does not conflict with the General Planning of special Roads referred to in subsection (1). (3) special road Planning do refer to technical requirements as well as technical guidelines on public roads (4) special road Planning as mentioned in subsection (2) made on local government permission in accordance with the legislation in force. The third part of the special road construction of article 9 (1) the construction of a special road construction done by special roads, after organizers implemented the provisions referred to in article 8 paragraph (1).

8 (2) the local Government can transfer the implementation of the road development specific to the other party in terms of entrepreneurs who set up as executor can not complete the construction of a special road as referred to in subsection (1) based on the agreed time/set by local governments with the executor. (3) if within a period of less than the time specified in the agreement with the local authorities as referred to in paragraph (2), a businessman who established as executor finishes carrying out the specific development road, then the road should be used and not allowed anymore to use public roads. The fourth part of the Obligations and responsibilities of organizing a special Path of article 10 (1) organizers of the road special road-building should report to local authorities. (2) special Roads that are not used as public traffic is the responsibility of the organizers of the road. (3) special Roads that will be used for the operation of the public must get permission from the local government. (4) Pembangungan special way must incorporate the environmental aspect in accordance with the legislation in force. (5) the amount of a specific road network constructed by the organizer of a special road must be minimized. Part four Special Road Status changes Become public roads article 11 (1) organizers of special roads can be handed to the Government a special road district/city to be declared as public roads special roads referred to in terms no longer used to transport the result mining and plantation company results. (2) special road Takeover conducted by local government based on consideration of: a. the interest of Defense and State security; b. for the benefit of national economy development and/or the economy of the region; and/or the development of the region; c. to further enhance the service to the community.

9 (3) the seizure as referred to in paragraph (2) is conducted in accordance with the legislation in force. (4) special Roads that have accepted their surrender by district/city Governments and/or special road that has been taken over by the Government--district/city Governments the responsibility of Kabupaten/Kota. (5) a special good Roads that have been submitted or has been acquired as referred to in paragraph (4), changed its status into a public road by the Bupati/Walikota. (6) the organizers of special roads remain responsible for conducting special path before the Bupati/Walikota receive special road becomes a road district/city. CHAPTER IV SUPERVISION and CONTROL of article 12 (1) the local government through the Department of transportation of the province is obligated to conduct surveillance and control of the production results of the transport activity of mining and plantation who use public roads in accordance with the legislation in force. (2) monitoring and control as referred to in paragraph (1) in the form of optimization of bridge weigh and traffic signs. (3) Supervision is carried out koordinatif between the Government, the Government of the province, Kabupaten/Kota Governments and communities. Article 13 (1) Organization of special roads for public use is allowed monitored periodically by district/city Governments. (2) the results of the surveillance referred to in paragraph (1) were reported to the Governor. Chapter V PROVISIONS of the PROBE clause 14 (1) of the particular civil servant Officials in the local government environment be authorized specifically as investigators to conduct investigation criminal acts referred to in the regulation of this area.

10 (2) the authority of the investigator as referred to in subsection (1) is: a. receive, seek, collect and examine information or reports regarding the criminal offence referred to in the regulation of this area, in order to make the report or information to be complete and clear; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed; c. requesting information and evidence from a private person or entity with respect to any criminal offence referred to in the regulation of this area; d. examine the books of records and other documents; e. conducting shakedown untukmendapatkan evidence bookkeeping, record keeping and other documents as well as do foreclosures against evidence; f. enlisted the help of experts in order to carry out the investigation; g. told to stop or prohibit someone leave the room or place at the time of the ongoing examination and checking the identity of the person or document that was taken as stated on the letter e; h. photographing someone related to the criminal offence referred to in the regulation of this area; i. take sidikjari or photographing a suspect; j. fire investigation; k. perform other actions that are necessary for the smooth running of proceedings of a criminal offence as referred to in rule this area according to the law which can be accounted for. (3) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of the investigation to the public prosecutor's Office Officials through the police in accordance with the provisions of the law of criminal procedure in force. CHAPTER VII SANCTIONS the ADMINISTRATION of article 15 (1) every person who contravenes the provisions referred to in article 6 paragraph (1) and paragraph (2) be subject to a written reprimand in the form of administrative sanction as many as three (3) times within a period of three (3) months.

11 (2) every person who does not obey as referred to in paragraph (1), subject to a maximum fine of Rp RP 50,000,000 (fifty million rupiah). CHAPTER VIII of the CRIMINAL PROVISIONS of article 16 (1) every transport of mining and plantation results results that are not through the special as mentioned in article 7 paragraph (1) is liable to a criminal confinement of not longer than 6 (six) months or a maximum fine of Rp RP 50,000,000 (fifty million rupiah). (2) a criminal offence referred to in subsection (1) is an offence. (3) the fines referred to in subsection (1), Cash deposited to the area. CHAPTER VIII TRANSITIONAL PROVISIONS article 17 Each mining and plantation companies are obliged to implement the provisions in the regulation of this area and given at least three (3) year 6 (six) months after pengundangannya for adjustment. CHAPTER IX PROVISIONS COVER Article 18 further Provisions on matters that have not been provided for in the regulation of this area, all concerning the technical implementation was defined by regulation of the Governor.


12 article 19 Rules this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece of the regional province of Central Kalimantan. Set in Palangka Raya on February 15, 2012 GOVERNOR of Central KALIMANTAN, ttd AGUSTIN TERRACE NARANG Enacted in Palangka Raya on 20 February 2012 SECRETARY PROVINCE of CENTRAL KALIMANTAN, ttd SIUN SHEET CENTRAL KALIMANTAN PROVINCES by 2012 the NUMBER of copies in accordance with the original HEAD of the LAW FIRM SETDA PROVINCE of CENTRAL KALIMANTAN, HAMZAH AMIR k. HADI 7 EXPLANATION of APPLICABLE LOCAL PROVINCE of CENTRAL KALIMANTAN number 7 in 2012 on SETTING UP TRAFFIC on PUBLIC ROADS and PATHS SPECIFICALLY for TRANSPORT The RESULT of the PRODUCTION of PERTAMBANGANAN and i. GENERAL the road as one of the transport infrastructure which is the artery of life community have an important role in the life and economic development efforts of the people. In the framework, the local Government has the right at the same time the obligations set and maintain existing roads on its territory so that in addition to can be utilized optimally in terms of economy, also created the stability and fairness in these road users. As one of the areas that has a rich mine of results as well as results of the plantation companies, Central Kalimantan should have means of transportation representative to support the distribution of the result mining and plantations. On the other hand, the smooth flow of traffic in other community public road use for daily activities also should not be disrupted by the presence of transport results of mining and plantation. In order to facilitate the needs of the mining companies and the estates, as well as meet the sense of Justice, security, and comfort of all layers of society, the local government took a policy to control traffic on the public roads and setting up a special road for transporting the results of mining and plantations in Central Kalimantan. In addition, it is also in accordance with the mandate in the field of mining in which the employers have an obligation to build its own way before doing the mining to hauling his rope results. The local government policy in addition to be able to create security and comfort, both for the general public, the driver transport mining and plantations, as well as the entrepreneurs themselves. Positive impact that will be gained from this policy against a road condition is the condition of the road rights protected from damage due to transport the result mining and plantations that carries the burden of excessive charge. The condition of the environment is also one of substance that is set out in the regulation of this area due to road construction transportation mining results and specialized plantations are expected not to cause new problems especially in terms of the environment. The opening of the corridor-uncontrolled road corridor will be very bad impact on the environment and the local community. Therefore a special road construction transport mining and plantations of results is done with attention to environmental aspects. With the above considerations as local governments assess the need to establish local regulations governing the control of traffic on public roads and setting up a special road for transport produced by mining and plantations.

2 II. The SAKE ARTICLE ARTICLE article 1 article 2 is pretty clear pretty obvious article 3 sufficiently clear article 4 Article 5 sufficiently clear paragraph (1) letter a pretty clear letter b letter c quite obviously is a "convoy" is the procession of vehicles to transport the result mining and plantation of more than 2 (two) units in hand in which resulted in public traffic being disrupted. Paragraph (2) sufficiently clear paragraph (3) is the Slab is a liquid resin that is already digumpalkan with Ant acid. What is meant by Lumb was sporting a rubber material not derived from blobs of latex gardens that occur naturally in the Bowl reservoir. Article 6 article 7 quite obviously quite clear article 8 article 9 is pretty clear pretty obvious article 10 paragraph (1) sufficiently clear paragraph (2) is quite clear 3 paragraph (3) sufficiently clear paragraph (4) is quite clear Verses (5) investors join in establishing a special network of roads to minimize the road corridor. Article 11 article 12 pretty clear pretty obvious Article 13 Article 14 is quite clear clear enough Article 3 sufficiently clear article 16 Article 17 is pretty clear pretty clear Article 18 article 19 is quite clear Enough ADDITIONAL clear SHEET CENTRAL KALIMANTAN PROVINCES NUMBER 49