Regulation Of The Minister Of Public Works Number 11/prt/m/2011 2011

Original Language Title: Peraturan Menteri Pekerjaan Umum Nomor 11/PRT/M/2011 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5102b1e340832e313233323334.html

Nett-CANDY SPECIAL 11PRTM2011 JLN GUIDELINES 1 REGULATION of the MINISTER of PUBLIC WORKS of the REPUBLIC of INDONESIA number 11/PRT/M/2011 ABOUT the SPECIAL WAY of ORGANIZING GUIDELINES with the GRACE of GOD ALMIGHTY MINISTER of PUBLIC WORKS of the REPUBLIC of INDONESIA, Considering: that as a follow-up Article 121 the Government regulation of the Republic of Indonesia number 34 in 2006 about the need to set rules of the road, the Minister of public works on a special Way of organizing Guidelines; Remember: 1. Law of the Republic of Indonesia number 22 in 2009 about the then-traffic and Road Transport (State Gazette of the Republic of Indonesia Number 96 in 2009 and an additional Sheet of the Republic of Indonesia number 5025); 2. The Government of the Republic of Indonesia Number 34 in 2006 about the road (State Gazette of the Republic of Indonesia year 2006 Number 86 and the additional Sheet of the Republic of Indonesia Number 4655); 3. The Government of the Republic of Indonesia Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007 and an additional Sheet of the Republic of Indonesia Number 4737); 4. Regulation of the President of the Republic of Indonesia Number 47 in 2009 about the formation and organization of the Ministries; 5. The decision of the President of the Republic of Indonesia Number 84/P in 2009; 6. Regulation of the Minister of public works number 08/PRT/M/2010 about the Organization and the Work of the Ministry of public works; 7. Ministerial Regulation Number 21/PRT/M/2010 about the Organization and the work of Implementing the Technical Unit of the Ministry of public works; 8. Regulation of the Minister of public works number 11/PRT/M/2010 about Ordinances and Requirements be eligible to Function the way; Decide: Define: REGULATION Of The MINISTER Of PUBLIC WORKS On The ROAD CONDUCTING SPECIAL GUIDELINES. www.djpp.depkumham.go.id 2 CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. The road is the road transport infrastructure covering all parts of the road, including complementary buildings and equipment intended for traffic, are at ground level, above ground, below ground level and/or water, as well as above the water surface, except railroad, road, and street trucks. 2. Public Road is a road reserved for public traffic. 3. Special Road is a road that was built by agencies, business entities, individuals, or groups of people for his own interests. 4. The organization of the road is an activity that includes the setting, coaching, development and supervision of the road. 5. to be eligible to the function of the road is a road conditions that meet the technical requirements of the health to provide safety for its users, and administrative requirements which provide legal certainty for the providers of roads and road users, so the road worth operated for the public. 6. The organizers of the road is the party that do the arrangement, construction, development and supervision of the way in accordance with those powers. 7. Special Way Organizers are agencies, business entities, individuals, or groups of people who did the conducting path to serve its own interests. 8. Local Government is the Governor, Governor, or mayor, and other areas as the organizer of the local government. 9. the Minister is the Minister of public works. CHAPTER II SCOPE article 2 OBJECTIVES and Ministerial Regulation aims to: a. provide guidelines for conducting a special way for the organizer of special road; b. make the orderly conduct of the street; and c. providing a path that meets the conditions of safety, the smooth, economical, and environmentally friendly. Article 3 scope of the Regulations the Minister of roads conducting special includes: a. setting; b. coaching; c. development; and d. supervision. www.djpp.depkumham.go.id 3 CHAPTER III SPECIAL Part WAY Considered SETTING Category Special Road article 4 (1). Specialized road can be categorized into 3 (three): a. special way which is only used with the type, size, and charge the heaviest vehicle axis is not the same as the vehicle used for the public; b. Special roads that are used only with the type, size, and charge the heaviest vehicles the same axis with the vehicle used for the public; and c. a special way used alone and allowed to be used for the public. (2) special Roads referred to in subsection (1) are, among others: a. roads within the plantation; b. roads in agricultural areas; c. road in the area of forestry, including road in the conservation area; d. way in the area of farms; e. road in the mining area; f. the way in the area of irrigation; g. the road in the port area of sea and air ports; h. road within the military; i. road in the industrial area; j. road in the area of trade; k. road in the area of tourism; b. the road within the Office; m. bonded area in the road; n. road in the area of education; o. road in the area of the settlement has not yet been submitted to the organizer of the public roads; and p. road while the implementation of the construction. Article 5 (1) special Roads referred to in article 4 have the width of the road at least 3.5 (three comma five) meters. (2) special Roads referred to in article 4 are marked with signs or sign stating that the road is not for the public. The second part of the Obligations and responsibilities in organizing Special Road article 6 (1) organizers of special road must report the specific road network map and typical pieces of special roads transverse to the Bupati/Walikota. (2) special Road used only by themselves as stipulated in article 4 letter a and letter b be his responsibility alone. (3) special Roads that will be used for the public as referred to in article 4 letter c for some reason, first get permission from the organizers of special roads. (4) special Roads that will be used for the public as referred to in paragraph (3) should get the permission of the operation of the Bupati/Walikota. www.djpp.depkumham.go.id 4 (5) Permits the operation of the Bupati/Walikota referred to in subsection (4) is given after the road meets the requirements be eligible to function technically and road administration. (6) eligibility be eligible to function the way on roads specifically referred to in subsection (3) on the basis of test results be eligible to function the way that was implemented in accordance with regulation of the Minister of public works number 11/PRT/M/. (7) in the case of special roads referred to in article 4 of the letter a is used by the public without permission, then the organizers of special roads can take action in accordance with the legislation. The third part of the special Road Status changes Become public roads article 7 specific Path may change its status become public roads if: a. the first handed over to the Government district/city; or b.--taken over by district/city Governments. Article 8 (1) Submission of organizing special road to the district/city Governments as referred to in article 7 letter a proposed by the organizers of special road equipped reason submission. (2) the Bupati/Walikota may accept the surrender of organization of special road after considering a submission rationale and its benefits for the community. (3) in case a special road is not maintained or abandoned and/or no longer needed by the organizers of the special path but desired by the community as a public road, then proposing surrender of special roads into a public road can be done by society, dedicated to the organizers of special road and to the Bupati/Walikota. (4) if the organizers of special roads give permission upon proposal of the community as referred to in paragraph (3), then Regent/Mayor may accept the proposed handover of the Organization of the road. (5) if the organizers of the special permit does not give way over proposals the community as referred to in paragraph (3), then Regent/Mayor can reject a proposal for a community or take over--after conducting an evaluation of its benefits for the community. (6) Special Roads that are submitted to the Government--district/city reported to the Governor. (7) the implementation of a special way of organizing the handover to the Government of Kabupaten/Kota referred to in subsection (1) to paragraph (5) follows the guidelines for submission of special way as attached in the annex I of the regulation of the Minister. Article 9 (1) Takeover of organizing a special way can be done by district/city Governments as intended in article 7 letter based on consideration of: a. the interest of Defense and State security; b. for the benefit of national economic development and the development of a region; and/or c. to further enhance the service to the community, including a special Street abandoned but needed by the community as referred to in article 8 paragraph (3). (2) the takeover of organizing special road district/city governments as intended in paragraph (1) are carried out by District/City Government through a takeover notice communicated to the organizers of special roads. www.djpp.depkumham.go.id


5 (3) Takeover the Providence road specifically referred to in subsection (2), must have the permission of the Organizer special roads that communicated to the Bupati/Walikota, without or with the requirements. (4) the requirements referred to in (3), can be either: a. indemnification of land ownership if the space corridor road that will be acquired are the property agencies, business entities, individuals or groups of people; b. Exchange-spit of land space; or c. other matters mutually agreed. (5) to the corridor spaces road belonging to agencies, business entities, individuals or community groups, a special way of organizing the takeover as referred to in paragraph (3) may be rejected if there is no deal. (6) Special Roads that are taken over by the Government of penyelenggaraanya County/City reported to the Governor. (7) implementation of the takeovers of organizing special roads became public roads by district/city Governments as intended in paragraph (1) to paragraph (5) should follow the guidelines of the takeovers of organizing a special path as attached in annex II to this regulation of the Minister. Article 10 (1) of the road which has accepted their surrender by district/city Governments as intended by article 8 and/or special road that has been taken over--by district/city Governments as intended in article 9 becomes the responsibility of the district/city Governments. (2) a special good Roads that have been submitted or has been acquired as referred to in paragraph (1), changed its status into a public road by the Bupati/Walikota. (3) 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 CONSTRUCTION of article 11 (1) organizers of special roads that allow its use by the public, may request the technical construction of the Office in charge of the road. (2) Construction technically referred to in subsection (1) include a description of the technical requirements of road and road construction technical guidelines for public roads which include technical, technical road roughness geometric paths, complementary building roads, technical and technical equipment of the road. Chapter V the CONSTRUCTION of article 12 (1) special road construction activities include: a. the planning; b. implementation of the construction; c. operation; d. maintenance; and e. financing. www.djpp.depkumham.go.id 6 (2) special road construction must incorporate the environmental aspect in accordance with legislation. Part One Planning Article 13 (1) special road Planning referred to Chapter 4 paragraph (1) letter a and letter bdapat planned based on a customized technical reference needs. (2) special Road Planning as mentioned in article 4 paragraph (2) Letter c is performed by special way organizers and refers to the technical requirements of road as well as the technical guidelines public roads. (3) the opening of an Access form the junction or connection of special roads to public roads, can only be conducted upon the permission of the district/city Governments appropriate legislation. (4) a special path to access from public roads must comply with the technical requirements of the road. (5) special road Interchanges with public roads must be done with a cross not a plot, unless a special road crossing is used by vehicles which comply with the use of the class path as set forth by the agencies that regulate traffic and road transport. The second part of the construction Implementation Article 14 implementation of special road construction done by the organizer of a special road. The third part the operation of Article 15 (1) the operation of special roads for public use is allowed as mentioned in article 4 paragraph (1) letter b should follow the plan of the public road network. (2) the operation of special roads for public use is allowed as mentioned in subsection (1) done after the allowed by the Bupati/Walikota. (3) operation of special roads for public use is allowed as referred to in paragraph (2), through more than one area of kabupaten/kota, carried out after it is authorized by each of the Bupati/Walikota whose territory traversed the path. (4) the Governor coordinated the operation of special roads that allowed the public to use the specific path through more than one area of Kabupaten/Kota. (5) the Minister coordinating the operation of special roads that allowed the public to use the specific path through more than one region of the province. Part four article 16 Maintenance special road maintenance as stipulated in article 4, the responsibility of the Organizer special roads. www.djpp.depkumham.go.id the fifth Part Financing 7 article 17 (1) Costs incurred over the holding of special roads either used alone or allowed public use referred to in the article 6 letter a, letter b, and c, it becomes the burden of organizers of special roads. (2) special road maintenance fee is allowed for public use can be subsidized by the Government of Kabupaten/Kota in accordance with its ability. (3) the costs incurred upon the process of handover or takeover of the Government by the special road district/city government burden into Kabupaten/Kota. (4) the fee referred to in subsection (2) and paragraph (3), the burden of Budget revenues and Expenditures of the regional district/city concerned and/or other funding sources. CHAPTER VI SUPERVISION Article 18 (1) Organization of special roads for public use is allowed monitored periodically by Regent/Mayor based on the results of oversight functions and benefits. (2) the results of the surveillance referred to in paragraph (1), reported by the Bupati/Walikota to the Governor. CHAPTER VII PROVISIONS COVER article 19 Submission Mechanism and Takeover the Providence Road, listed in the annex which is an integral part of that part of the regulation of the Minister. Article 20 this Ministerial Regulation comes into force on the date of promulgation. www.djpp.depkumham.go.id 8 in order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on 23 September 2011 MINISTER of PUBLIC WORKS of the REPUBLIC of INDONESIA, DJOKO KIRMANTO Enacted in Jakarta on the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR NEWS REPUBLIC of INDONESIA NUMBER 600 in 2011 www.djpp.depkumham.go.id