Key Benefits:
REGULATION OF CENTRAL KALIMANTAN PROVINCE NUMBER 7 YEAR 2012
CONCERNING
SETTING UP TRAFFIC ON PUBLIC ROAD ROUTES AND SPECIAL ROADS FOR TRANSPORT
PRODUCTION RESULTS MINING AND PLANTATIONS
WITH THE GRACE OF GOD ALMIGHTY
GOVERNOR OF CENTRAL KALIMANTAN,
DRAW: A. That the public highways have certain and limited capabilities in terms of support/structure capability and average daily traffic, so that it needs to be used to provide security protection and security measures. the comfort of the street user community and the community around the common road segment, through the control of transit traffic passing through the public road;
b. that for the sake of order, the means, the comfort and safety of the general public and in the framework of public road maintenance and construction and the hosting of special roads, is seen as necessary to make arrangements regarding the use of public roads. and a special path for the transport of the mining and plantation results;
c. that based on consideration as referred to in letter a and letter b, need to form the Regional Regulation on the Passing Arrangement Of The Public Road And The Road Special For Transport Of The Production Of Mining And Plantations;
Given: 1. Article 18 of the paragraph (6) of the Basic Law of the Republic of Indonesia in 1945;
2. Law No. 21 of 1958 on the Decree of Emergency Law Number 10 of 1957 on the establishment of the Swatantra Area Level I Kalimantan Central and Change Law Number 25 of 1956 on the formation of the Swatantra Areas West Kalimantan, South Kalimantan, South Kalimantan And East Kalimantan (Republic Of Indonesia State Gazette 1957 Number 53, Additional Leaf Of State Republic Indonesia Number 1284) As An Act (Sheet Country Republic Of Indonesia Year 1958 Number) 62, Additional Gazette of the Republic of Indonesia No. 1622);
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3. Law Number 17 Year 2003 on State Finance (Indonesian Republic of Indonesia Year 2003 Number 47, Additional Gazette of the Republic of Indonesia Number 4286);
4. Law No. 1 of 2004 on the State Treasury (Indonesian Republic Gazette 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
5. Law Number 32 of the Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette of the Republic of Indonesia No. 4437) as amended several times, last with Invite-Invite Number 12 Years 2008 on Second Amendment to the Law No. 32 of 2004 on Local Government (Indonesian Republic of Indonesia 2008 No. 59, Additional Gazette of the Republic of Indonesia Number 4844);
6. Law No. 38 of 2004 on the Street (leaf of the Republic of Indonesia 2004 No. 132, Additional Gazette of the Republic of Indonesia No. 4441);
7. Law Number 26 of 2007 on the Alignment of the Space (State Sheet of the Republic of Indonesia in 2007 Number 68, Additional Gazette of the Republic of Indonesia Number 4725);
8. Law No. 22 Year 2009 on Traffic and Road Transport (State Of The Republic Of Indonesia In 2009 Number 96, Additional Gazette Of The Republic Of Indonesia Number 5025);
9. Law Number 12 Of 2011 On The Formation Of Laws (sheet Of State Of The Republic Of Indonesia In 2011 Number 82, Additional Gazette Of The Republic Of Indonesia Number 5234);
10. Government Regulation No. 41 of 1993 on Transport of Road (State Gazette Indonesia Year 1993 Number 58, Additional Gazette of the Republic of Indonesia Number 3527);
11. Government Regulation No. 42 of 1993 on the Examination of Motor Vehicles on the Road (State Sheet of the Republic of Indonesia 1993 Number 60, Additional Gazette of the Republic of Indonesia Number 3528);
12. Government Regulation No. 43 of 1993 on Prasarana and Jalan Traffic (State Gazette Indonesia Year 1993 Number 64, Additional Gazette of the Republic of Indonesia Number 3530);
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13. Government Regulation No. 79 of 2005 on the Governing Guidelines and Supervision of the Governing Section (sheet Of State Of The Republic Of Indonesia In 2005 Number 165, Additional Gazette Of The Republic Of Indonesia Number 4593);
14. Government Regulation Number 34 Of 2006 On The Street (sheet Of State Of The Republic Of Indonesia In 2006 Number 86, Additional Gazette Of The Republic Of Indonesia Number 4655);
15. Government Regulation No. 38 of 2007 on the Division of Government Affairs between Government, Provincial Government and Regional Governments/Kota (sheet of State of the Republic of Indonesia in 2007) No. 82, additional state sheet Republic of Indonesia No. 4737);
16. Government Regulation No. 19 of 2010 on the Order of the Implementation of the Task and Authority as well as the Financial Occupation of the Governor as the Vice Government in the Province Region (State Gazette of the Republic of Indonesia 2010 No. 82, Additional Sheet of State Republic of Indonesia No. 5107);
17. Ministry of the Interior Minister Number 13 of 2006 on the Regional Financial Management Guidelines as amended by the Regulation of the Minister of the Interior Number 59 of 2007 on the Changes to the Regulation of the Minister of Internal Affairs Number 13 Year 2006 about the Local Financial Management Guidelines;
18. The rules of the Public Works Minister Number 11 /PRT/M/2011 on the Guidelines of the Special Path;
With the Joint Agreement
THE PEOPLE REPRESENTATIVE COUNCIL OF THE CENTRAL KALIMANTAN PROVINCE AREA
and
CENTRAL KALIMANTAN GOVERNOR
DECIDED:
SET OUT: AREA REGULATIONS ON TRAFFIC ARRANGEMENTS IN PUBLIC ROAD RUAS AND SPECIAL AVENWAYS FOR TRANSPORT OF MINING PRODUCTION AND PLANTATION.
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BAB I
provisions UMUM
Parts Kesatu
Understanding
Section 1
In this Regional Rule referred to by:
1. Area is a Region of Central Kalimantan Province.
2. The Regional Government is the Governor, the Regent or the Mayor, and the area's device as the element of the organizer
The Local Government.
3. The Governor is the Governor of Central Kalimantan.
4. The Regional People's Representative Council is the Regional People's Representative Council of Central Kalimantan Province.
5. The District/City Government is the District/City Government in the Region of Central Kalimantan Province.
6. The road is a ground transportation infrastructure that includes any part of the road, including complementary buildings and
its supplies are reserved for traffic, which
is on the ground and/or water level as well as above
water level, except for rail road, lori road and road
cable.
7. The Common Road is the road that is reserved for public traffic.
8. A Special Path is a path built by an instance, an enterprise entity, individual or community group
for its own benefit.
9. A mining company is an Indonesian citizen or legal entity
established by Indonesian law and
based in Indonesia that manages the business
mining with a certain scale.
10. Plantation company is an Indonesian citizen or legal entity established
according to Indonesian law and based in Indonesia
that manages the plantation business on a certain scale.
11. The hosting is an activity that includes setting, coaching, construction as well as oversight
the road.
12. SKPD is a Regional Unit of Device Working Unit in the Province or County/City environment that
is drugging about the road.
13. A Special Way organizer is a SKPD instanti/SKPD, an enterprise entity, individual, or group
a society that performs the course for
serving its own interests.
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Second Section
Mean and Purpose
Section 2
The intent and purpose of traffic control in the street field
general and the specific path for the transport of production results
mining and The estate is for:
a. embody the security, comfort of order, and the safety of the road users;
b. anticipating the physical decline of the common road through control and restriction of transport traffic
mining and plantation production results that
passes through the general road field, considering
structure capability and capacity;
c. embodied a useful and successful road network system to support the implementation of the system
orderly and unified transport;
d. embody the role of society in the host of the path;
e embody the uniformity, alignment and balance for the street user community;
f. maintaining the sustainability of the environment function and preventing damage;
g. The form of an order and the allotedness of the street; and
h. The availability of a path that meets the security, safety, order, agility, economics,
and environmentally friendly.
Third Quarter
Scope space
Article 3
The scope of the road usage settings:
a. traffic in the common road field;
b. special path;
c. supervision and control;
d. Investigation provisions;
e. administrative sanction;
f. criminal provisions;
g. Transition provisions;
h. closing provisions.
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BAB II
TRAFFIC ON THE COMMON ROAD FIELD
Parts Kesatu
The heaviest axis charge
Section 4
(1) The heaviest axis of the road General is 8 (eight) tons.
(2) The allowed vehicle enters the public road, i.e. the heaviest convex vehicle (MST)
at the highest of 8 (eight) tons.
The Second Part
Mining freight traffic control and
Plantation results in ruas Public Path
Article 5
(1) The transport vehicle of mining and plantation production is prohibited from passing the public road in case of:
a. has the heaviest axis charge (MST) above 8 (eight) tons;
b. has a length of more than 9 (nine) meters, width of 2.1 (two comma one) meters, height 3.5 (three comma five) meters;
and/or
c. convoy of mining and plantation production results.
(2) Production output The mining as referred to in verse (1) is coal, iron ore and zircon.
(3) The yield of plantation production as referred to in verse (1) is the fresh fruit tandan (TBS) palm oil, Crude Palm
Oil (CPO), Palm Kernel Oil (PKO), Slab, and Lumb.
(4) The provisions as referred to in paragraph (1) apply also to vehicle transport:
a. forest output;
b. building materials; and
c. nine principal materials.
Section 6
(1) The mining results are referred to in Section 5 of the paragraph (2) which is already a packaging intended for
the household use, can be transported via public road
with tonnage restriction in accordance with the road class
as referred to in Section 4.
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(2) Tandan Fruit Segar (TBS) palm oil output of the people or which carries out a partnership with
the plantation company can be transported via public road
with tonnage restriction in accordance with the street class
as referred to in Section 4.
BAB III
PATH SPECIAL
Section
General
Article 7
(1) Each company mines and plantations that build and use special roads should be with
Regent/Mayor's permission with approval first from
Governor.
(2) Special Path as referred to in paragraph (1) may be used for limited general traffic, as long
approved by the special road organizer.
(3) Special Way as referred to by paragraph (1) is indicated by rambu or a sign stating that the path that
means is not common.
Second Quarter
Special Road Planning
Article 8
(1) General Street Planning is conducted by Local Government.
(2) Special Road Planning conducted by the Road Organizer Specifically not contrary to
Special Planning of the Special Way as intended
in paragraph (1).
(3) Special road planning is performed in reference to technical requirements as well as general road technical guidelines
(4) Special road planning as referred to in paragraph (2) is conducted on Local Government permission according to
applicable laws.
Third Quarter
Special Road Development
Article 9
(1) The construction of special road construction is carried out by special road organizers, following the provision of the provisions
as referred to in Article 8 of Verse (1).
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(2) The Local Government may assign the implementation of special road construction to other parties in the event
employers designated as executors cannot
finish building a special road as
referred to in paragraph (1) based on the time that has been
specified by the Local Government with
executor.
(3) If within a term of less than time specified in a deal with the Local Government
as referred to in paragraph (2), the businessman
is set as executor finished
special road development, hence the specific path
must be used and will no longer be allowed to use
the public road.
Fourth Quarter
The Liability and Responsibility of the Hosting
Special Path
Article 10
(1) Organizer Special roads must report the construction of a special road to the Local Government.
(2) Special roads not used as general traffic are the responsibility of the organizer of that special road.
(3) The special path will be Used to be used for the public needs to get operating permission from the Local Government.
(4) Special roadways must include the environment aspect in accordance with the laws
applicable.
(5) The number of Street networks The special ones built by special road organizers should be minimized.
Fourth Quarter
The Change of Special Road Status Into Public Roads
Article 11
(1) Special road organizers may submit a special path to the District/City Government to be declared
as a public road in terms of the special road in question is not
again used for transport of mine and results
plantation company.
(2) Special road takeover by Local Government based on Considerations:
a. for the country ' s defense and security interests;
b. for the national economic and/or economic development interests of the region; and/or the development
area;
c. to further enhance the service to the community.
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(3) The Takeover as referred to in paragraph (2) is performed in accordance with the laws
in effect.
(4) The specific path its submission has received by the Regency/City Government and/or Special path that
has been taken over by the Government
District/City becomes the responsibility of the Government
District/City.
(5) The unique path that has been submitted and which has been taken over as referred to in paragraph (4), is changed
its status becomes a public road by the Bupati/ Mayor. (6) Special road organizers remain in charge of
hosting a special road before the Regent/Mayor
receiving such special road be the way
District/City.
BAB IV
SUPERVISION AND CONTROL
Article 12
(1) The Local Government through the Provincial Transportation Service is required to conduct surveillance and control.
mining production activities and
estates that use the public road in accordance with
applicable laws.
(2) Oversight and control as referred to in paragraph (1) optimisation of the weighted and rambu bridges-
traffic rambu.
(3) Supervision is conducted in coordination between the Government, the Provincial Government, the District/City Government and
the public.
Section 13
(1) Special roadways permitted to be used for the public are monitored regularly by the Government
District/City.
(2) The results of the surveillance as referred to in paragraph (1) are reported to the Governor.
BAB V
provisions INQUIRY
Article 14
(1) Certain civil servant civil servants in the environment State government is given special powers as
investigators for conducting criminal investigation
as intended in this area's regulations.
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(2) The authority of the Investigators as referred to in paragraph (1) is:
a. receive, search, collect and research the description or report with respect to the criminal activity
as intended in this area's regulations, in order to
the description or report is complete and
clearly;
b. examine, search and collect information about persons or bodies about the truth
deeds done;
c. requesting information from persons or persons with respect to the criminal act
as set forth in the regulations of this area;
d. check out the records books and other documents;
e. Executing a search for bookkeeping, logging and other documents
and confiscation of the evidence
;
f. ask for expert power help in order to carry out the investigation task;
g. Please stop or prohibit someone from leaving the room or place at the time
The examination is ongoing and check the identity
the person or document brought in as intended
on the letter e;
h. Photographing a person with respect to a criminal act as intended in the regulation of this area;
i. taking a fingerprint or photographing a suspect;
j. lay off the investigation;
k. perform other actions necessary for the agility of a criminal offence investigation as
referred to in this area's regulations according to the law
that can be accounted for.
(3) The Investigator as referred to in paragraph (1) notify the start of the investigation and deliver
the investigation results to the Public Prosecutor via Investigator
Polri officials in accordance with the Criminal Event Law provisions
apply.
BAB VII
SANCTION ADMINISTRATION
Article 15
(1) Any person who violates the terms in section 6 of the paragraph (1) and paragraph (2) shall be subject to
the administrative sanction of a written reprimand is as much as 3 (three)
times in the term of 3 (three) months.
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(2) Any person who disobeys as referred to in verse (1), it is charged the most
Rp50,000.000.00 (fifty million rupiah).
BAB VIII
provisions CRIMINAL
Article 16
(1) Any transport of products and estates not through special roads as intended
in Article 7 Verse (1) is threatened with criminal confinement
at least 6 (six) months or the most fine
Rp50,000.000.00 (fifty million rupiah).
(2) Criminal Tindak as referred to in paragraph (1) is a violation.
(3) Denda as referred to in paragraph (1), tuned to the region Kas.
BAB VIII
provisions TRANSITION
Article 17
Every mining company and plantation company
is required to carry out provisions in the Regulation
This area and be given the slowest time 3 (three) years 6 (six)
the month after the invitation for an adjustment.
BAB IX
provisions CLOSING
Article 18
Further provisions on matters not set up in
This Area Regulations, along about the technical implementation
are set with Governor ' s Rule.
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Article 19
The rules of this section begin to apply at the date of the invitation.
So that everyone knows it, ordering the invitation
Rule of the County with its placement in the Sheet
Central Kalimantan Provincial Area.
Set at Palangka Raya on 15 March 2012
GOVERNOR OF CENTRAL KALIMANTAN,
ttd
AGUSTIN TERRACE NARANG
Updated on March 20, 2012
SECRETARY OF THE AREA
CENTRAL KALIMANTAN PROVINCE,
ttd
SIUN
BUREAU CHIEF
SETDA KALIMANTAN CENTRAL,
AMIR HAMZAH K. HADI
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EXPLANATION
ON CENTRAL KALIMANTAN PROVINCE AREA REGULATIONS
7 YEAR 2012
CONCERNING
THE TRAFFIC ARRANGEMENT IN THE PUBLIC ROAD FIELD AND THE SPECIAL ROAD FOR TRANSPORT
RESULTS OF FIRST PRODUCTION AND PLANTATION
I. UMUM
The road as one of the transportation infrastructure which is the artery of the life of society has a key role in the development of the life and economy of the people. In that framework, the Regional Government has the right and duty of regulating and maintaining the path that exists in its territory, so that it can be harnessed optimally in terms of economic terms, as well as the creation of stability and elements of justice. the user community of the road.
As one of the areas that has abundant mining results and plantation company results, Central Kalimantan must have a means of transportation that is representative to support the distribution of the results. The mines and the big plantation. On the other hand, other public traffic flows in the use of public roads for everyday activities should not be disturbed by the transport of mining and plantation products.
By facilitating the needs of the local community, it is not to be disturbed. the mining companies and the plantations, as well as meeting the sense of justice, security, and the convenience of all layers of society, the Local Government takes policy to control traffic in the public road ruas and special road arrangements for transport of mining and plantation products in Central Kalimantan.
In addition, it is also appropriate in the mining area where employers have a duty to build their own roads before mining for transport of its mines.
The Local Government Policy of the Local Government. Besides being able to create security and comfort, both for the general public, the driver of the mining and plantation transport, as well as the entrepreneurs themselves. The positive impact of this policy towards road conditions is the condition of road conditions from the damage caused by the transport of mining and plantation products that carry excessive load load.
The environmental conditions of the living conditions are in effect. also to be one of the substances set in the regulation of this area because the construction of a dedicated road transport of mining and plantation products is expected to not pose any new problems in terms of environmental life. The opening of unbridled street corridors will have a very bad impact on the local environment and community. Therefore, the construction of a dedicated road transport of mining and plantations is carried out with regard to environmental aspects.
With consideration as such above the Local Government assessing the need to form a Regulation. The areas governing the control of traffic in the public road route and the setting of special roads for the transport of the production of mining and plantations.
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II. SECTION BY SECTION
Article 1
Quite clearly
Article 2
Pretty clear
Article 3
Pretty clear
Article 4
Quite clear
Section 5
paragraph (1)
letter a
Quite clear
letter b
Pretty clear
the letter c
referred to as "convoy" is the motorcade of mining and plantation products more than 2 (two) of the units in a motorcade that resulted in the general traffic being disturbed.
Verse (2)
Quite clear
Verse (3)
The Slab referred to is The sap fluid has been scratched with ant acid.
The Lumb is a rubber processor that is not derived from a naturally occurring blob of garden latex.
Article 6
It is quite clear.
Article 7
Pretty clear
Article 8
Quite clear
Article 9
Quite clear
Article 10
Verse (1)
Quite clear
Verse (2)
Quite clear
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Verse (3)
Quite clear
Verse (4)
Quite clear
paragraph (5)
The investors are joined in building a special road network to minimize the road corridor.
Article 11
Enough clear
Article 12
Pretty clear
Article 13
Pretty clear
Article 14
Quite clear
Article 15
Pretty clear
Article 16
Quite clear
Article 17
Quite clear
Article 18
Quite clear
Article 19
Quite clear
ADDITIONAL LEAF OF THE PROVINCE CENTRAL KALIMANTAN NUMBER 49
