Regulation Of The Minister Of Culture And Tourism Numbers Pm97/hk. 501/mkp/2010 2010

Original Language Title: Peraturan Menteri Kebudayaan dan Pariwisata Nomor PM97/HK.501/MKP/2010 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50ef4026f0b0b1313233323032.html

BN 750-2010 REPUBLIC of INDONESIA No. 749,2010 of the MINISTRY of CULTURE and TOURISM. The Spa Business. Registration. The procedure. REGULATION of the MINISTER of CULTURE and TOURISM NUMBERS PM97/HK. 501/MKP/2010 ABOUT BUSINESS REGISTRATION PROCEDURES with the GRACE of GOD ALMIGHTY the MINISTER of CULTURE and TOURISM of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 15 paragraph (2) of Act No. 10 of 2009 about tourism, needs to set a regulation of the Minister of culture and tourism Of the Spa Business Registration Ordinance; Remember: 1. Act No. 10 of 2009 about Tourism (State Gazette of the Republic of Indonesia number 11 in 2009, an additional Sheet of the Republic of Indonesia Number 5141); 2. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries; 3. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries; www.djpp.depkumham.go.id 4. Regulation of the Minister of culture and tourism Numbers PM 17/HK. 001/MKP-2005 about the Organization and the work of the Ministry of culture and tourism as it has several times last modified by regulation of the Minister of culture and tourism Numbers pm. 07/HK. 001/MKP-2007; Decide: Define: REGULATION Of The MINISTER Of CULTURE And TOURISM ABOUT The BUSINESS REGISTRATION ORDINANCE. CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. An attempt is any action or activities in the field of an economy that is done for the purpose of obtaining profit and/or profit. 2. the spa Business hereinafter referred to by the tourism business is a business that delivers care service with the method of combination of water therapy, aroma therapy, massage, herbs, food/drinks, and sports physical activity with the aim of rebalancing the body and soul by remaining attentive to the traditions and culture of the nation of Indonesia. 3. Tourism Entrepreneurs who then called the entrepreneur is an individual or business entity that conducts business activities of tourism businesses. 4. Date of registration is the date of the inclusion of tourism businesses to the list of Business Tourism. 5. The list of Business Tourism is the tourism business list business spa which contains things that according to Regulations the Minister is obliged to be registered by any entrepreneur. 6. the list of Business Tourism is an official document that proves that the efforts undertaken by the tourism entrepreneurs have been listed in the list of Business Tourism. 7. the Minister is the Minister whose duties and responsibilities in the field of tourism. CHAPTER II www.djpp.depkumham.go.id DESTINATION article 2 registration of business tourism aims to: a. ensure legal certainty in the conduct of tourism businesses for entrepreneurs; and b. provide a source of information for all interested parties on matters listed in the list of Business Tourism. CHAPTER III REGISTRATION of PLACES, objects and RESPONSIBILITY of article 3 (1) the registration of the business tourism addressed to the Regent or mayor of the place of location of the spa. (2) the registration of the business tourism for Jakarta addressed to the Governor. Article 4 (1) the registration of business tourism of the spa at any location. (2) the registration effort conducted by the tourism entrepreneurs. (3) an individual Businessman who belongs to a small or micro enterprises in accordance with the laws and regulations are exempt from having to register the business tourism. (4) individual Entrepreneurs who belongs to a small or micro enterprises as referred to in paragraph (3) be able to register its tourism business based on their own wishes. Article 5 Entrepreneurs spa can be a business or an individual business entity shape Indonesia incorporated legal or not legal-body according to the provisions of legislation. CHAPTER IV STAGE Part One General article 6 stages of registration of business tourism includes: a. application business tourism; b. examination of the tourism business application files; c. the inclusion into the list of Business Tourism; www.djpp.depkumham.go.id d. publishing Sign a list of Business Tourism; and e. updates list of Business Tourism. Article 7 the whole tourism business registration phases held without charge fees from employers. The second part of the Tourism Business Registration article 8 (1) tourism business application submitted in writing by the employers. (2) the filing of a petition for registration of business tourism is accompanied by documents: a. the establishment of business entity certificate photocopy that lists business spa as intent and purpose, along with the changes, if any, to employers in the form of a business entity, or photocopying card alerts residents to individual entrepreneurs; and b. photocopying technical documents, and permission of the environment in accordance with the provisions of the legislation. (3) the filing of the documents referred to in subsection (2) is submitted by showing the original document or a copy or photocopy of shows has been legalized in accordance with the provisions of the legislation. (4) compulsory Employers guarantee through a written statement that its data and documents are submitted as referred to in paragraph (1), subsection (2) and paragraph (3) is valid, correct, and in accordance with the facts. Article 9 governors, Mayors, Governors or provide proof of receipt of the application for registration of the tourism business to entrepreneurs with lists the names of the documents received. www.djpp.depkumham.go.id third part of file Inspection Application of article 10 (1) Governors, Mayors, Governors or carry out the checks the completeness, correctness and validity of tourism business application file. (2) if upon the examination referred to in subsection (1) it was found that the tourism business application file has not met the completeness, correctness, and validity, Governor, Mayor, or Governor, in writing, notify the deficiency found to entrepreneurs. (3) the examination referred to in subsection (1) and the notice of the deficiencies referred to in paragraph (2) was completed at the latest within a period of 7 (seven) working days since the application for registration of business tourism accepted Regent, Mayor, or Governor. (4) when the Regent, the Mayor, or Governor not to notify in writing the deficiencies found within a period of 7 (seven) working days since the application for registration of a business application is accepted, the tourism business tourism is considered to be complete, correct, and accusations. The fourth part the inclusion into the list of Business Tourism article 11 Governors, Mayor, or Governor lists object registration business tourism Tourism Businesses to list at least one (1) business day after the petition for registration of business tourism is stated or assumed a full, true, and accusations. Article 12 list of Tourism Business contains: a. the tourism business registration number; b. the date of registration of business tourism; c. name of the entrepreneur; d. addresses of employers; e. name of business entity administrators for entrepreneurs in the form of a business entity; f. types of businesses; www.djpp.depkumham.go.id g. branding effort, if any; h. the address location of the spa; i. establishment of a business entity certificate number and the changes, if any, to employers in the form of a business entity or a population sign card number to individual entrepreneurs; j. name permission number and technical permissions, as well as the name and number of the environmental documents owned by the entrepreneur; k. Description later when there are updates to the terms as outlined in the letters a to j; and b. a description later when there is freezing while registration of business tourism, business tourism registration reactivation and/or cancellation of registration of business tourism. Article 13 List Tourism Efforts made in the form of a written document and/or electronic documents. The fifth part of the Publishing Business List Sign Tourism Article 14 Governors, Mayors or Governors, based on the list of Business Tourism Tourism Businesses issued the list of Markings to be submitted to the entrepreneur at the latest within a period of three (3) business days after the inclusion into the list of Business Tourism. Article 15 contains a list of Signs of Tourism Businesses: a. businesses tourism registration number; b. the date of registration of business tourism; c. name of the entrepreneur; d. addresses of employers; e. type of business; f. business brand, if any; g. the address of the location of the spa; h. establishment of business entity certificate number and the changes, if any, for www.djpp.depkumham.go.id


entrepreneurs in the form of a business entity or a population sign card number to individual entrepreneurs; i. names and numbers technical permissions, as well as the name and number of the environmental documents owned by the entrepreneur; j. the names and signatures of the officials who issued the Alerts list of Business Tourism; and k. Marks the date of publication of the list of Tourism Businesses. Article 16 Sign Tourism Business List valid as evidence that employers have been able to organize a tourism business. The sixth part of updating the list of Business Tourism article 17 (1) compulsory Employers ask Regent, in writing to the Mayor, or Governor's Tourism Business List update application when there is a change of conditions listed in the list of Tourism Business for a period of at least thirty (30) working days after the change occurs. (2) the filing of a petition for the update of the list of Business Tourism is accompanied by the supporting documents concerned. (3) submission of supporting documents as referred to in paragraph (2) in the form of photocopies of the original documents submitted with the shows. (4) the entrepreneur is obliged to guarantee that data and documents which are submitted as referred to in paragraph (1), subsection (2) and paragraph (3) is valid, correctly and in accordance with the fact (5) Governors, Mayors, Governors or carry out an examination of the completeness, correctness and validity of the updated application files list of Business Tourism. www.djpp.depkumham.go.id (6) if based on the examination referred to in subsection (5) of the updated application files found that the registration of the business tourism has yet to meet the completeness, correctness and validity, Governor, Mayor, or Governor, in writing, notify the deficiency found to entrepreneurs. (7) the examination referred to in subsection (5) and notice the deficiencies referred to in paragraph (6) was completed at the latest within a period of 3 (three) working days since the application updates its list of Tourism Businesses received the Governors, Mayors, or Governor. (8) when the Regent, the Mayor, or Governor not to notify in writing the deficiencies found within a period of 3 (three) working days since the application updates its list of Tourism Businesses received, requests for updates to the list of Business Tourism is considered complete, true, and accusations. (9) Governors, Mayors or Governors, list of updates to the list of Tourism Businesses at least 1 (one) business day after the application for updating the list of Business Tourism is stated or assumed a full, true, and accusations. (10) based on the list of the Tourism Business has been upgraded, Governor, Mayor, or Governor of the published Sign List for submission to the Tourism Business entrepreneurs at least in a period of three (3) business days after posting an update to the list of Business Tourism. (11) With the publication of the list of Tourism Businesses Sign referred to in subsection (10), a list of previous Tourism Business was revoked and declared no longer valid. (12) the businessman returns the sign of a previous Tourism List to the Regent, the Mayor, or Governor. Chapter V TEMPORARY FREEZING and CANCELLATION is considered part of the Temporary Freezing of article 18 (1) Governors, Mayors, Governors or freeze while the Tourism Business List Sign if employers: a. restrictions to sanctions-affected business activities and/or freezing while business activities in accordance with the provisions of the legislation; or b. no www.djpp.depkumham.go.id hosts business activity continuously for a period of 6 (six) months or more. (2) sign List does not apply to Tourism Business while in the tourism business have been frozen while the registration. (3) compulsory Employers submit Tourism Businesses to Sign a list of Governors, Mayors, Governors or at least fourteen (14) working days after experiencing the things referred to in subsection (1). Article 19 (1) the employers can apply for reactivation of Tourism Business List Sign in has: a. freed from restrictions on business activities and/or freezing while business activities in accordance with the provisions of the regulations referred to in Article 18 paragraph (1) letter a; or b. has the ability to hold back the tourism business activities referred to in Article 18 paragraph (1) letter b. (2) the filing of a petition for reactivation of tourism business registration accompanied by: a. a document that proves that employers have been freed from sanctions restrictions on business activities and/or the temporary freezing of business activities referred to in Article 18 paragraph (1) letter a; or b. a written affidavit from entrepreneurs who declare kesanggupannya to hold back the tourism business activities referred to in Article 18 paragraph (1) letter b. (3) the entrepreneur is obliged to guarantee that documents submitted as referred to in paragraph (2) is valid, correct, and in accordance with the facts. (4) the Governors, Mayors, Governors or carry out the checks the completeness, correctness and validity of petition for reactivation of Tourism Business List and Sign the evidence supporting that. www.djpp.depkumham.go.id (5) if upon the examination referred to in subsection (4) found that files a petition for reactivation of Tourism Businesses list of Signs do not meet the completeness, correctness and validity of the Regent, the Mayor, or Governor, in writing, notify the deficiency found to entrepreneurs. (6) the examination referred to in subsection (4) and notice the deficiencies referred to in paragraph (5) was completed by Governors, Mayors, Governors or at the latest within 21 (twenty one) days of work since the petition for reactivation of Tourism Business Listing Alerts received. (7) when the Regent, the Mayor, or Governor not to notify in writing the deficiencies found within 21 (twenty one) days of work since the petition for reactivation of tourism business registration is accepted, the application for reactivation of Tourism Business List Sign is considered complete, correct and valid. (8) the Regent, the Mayor, or Governor lists the activation Sign Tourism Business List into the list of Tourism Businesses at least 1 (one) business day after the petition for reactivation of the registration effort is declared or deemed to be complete, correct and valid. (9) based on the list of Tourism Businesses which have been reactivated, Governor, Mayor, or Governor handed back the list of Tourism Business to entrepreneurs at the latest within a period of three (3) business days after posting a sign of reactivation of Tourism Businesses to List in the list of Business Tourism. The second part to the cancellation of article 20 (1) Governors, Mayors, Governors or cancel Alerts list of Business Tourism if employers: a. the fixed termination of sanctions affected business activities in accordance with the provisions of the legislation; b. do not organise business activity continuously for a period of one (1) year or more; or c. disperse efforts. (2) sign the list of Tourism Businesses no longer valid if cancelled. (3) compulsory Employers return to the Regent Ventures List Sign, Mayor, Governor or at the latest within a period of 14 (four www.djpp.depkumham.go.id fourteen) workdays after experiencing the things referred to in subsection (1). CHAPTER VI SUPERVISION Article 21 (1) Governors, Mayors, and/or Governor to conduct surveillance in the framework of the registration business of tourism. (2) Supervision as referred to in paragraph (1) may include an examination at any time into the field to ensure the suitability of business activities with a list of Business Tourism. CHAPTER VII FUNDING section 22 (1) Funding the implementation of registration and supervision of tourism ventures to the level of the kabupaten/kota sourced from Budgetary income and Expenditure area (BUDGETS) district/city. (2) the funding of the implementation of the registration and supervision of tourism ventures to the provincial level of revenue and Budget Shopping area (NATIONAL) province. CHAPTER VIII REPORTING of article 23 (1) the Regent or Mayor reported the results of registration of tourist business to the Governor every 6 (six) months. (2) the Governor reported the results to the Minister of tourism business registration every 6 (six) months. (3) the report referred to in subsection (1) include the following: a. the number of spa locations; b. changes in the number of spa locations when compared with the amount in the previous reporting period; and c. a description of the things that cause changes in the number of spa locations as stated on the letter b, specifically in the event of reduction. CHAPTER IX ADMINISTRATIVE SANCTIONS section 24 www.djpp.depkumham.go.id


(1) every entrepreneur who does not meet the conditions referred to in article 8 paragraph (4), article 17 paragraph (4) and/or article 19 paragraph (3) are the first written reprimand. (2) if within a period of 7 (seven) working days after being given the first written reprimand, employers do not meet the conditions referred to in article 8 paragraph (4), article 17 paragraph (4) and/or article 19 paragraph (3), entrepreneurs are both written reprimand. (3) if within the period of three (3) business days after the written reprimand given second, employers do not meet the conditions referred to in article 8 paragraph (4), article 17 paragraph (4) and/or article 19 paragraph (3), the registration is suspended while tourism businesses. Article 25 (1) every entrepreneur who does not meet the conditions referred to in article 17 paragraph (1) are the first written reprimand. (2) if within a period of thirty (30) working days after being given the first written reprimand, employers do not meet the conditions referred to in article 17 paragraph (1), a written reprimand are both entrepreneurs. (3) if within the period of 21 (twenty one) business day after being given a written reprimand both, employers do not meet the conditions referred to in article 17 paragraph (1), entrepreneurs are written reprimand third. (4) if within a period of fourteen (14) working days after being given a written reprimand third, employers do not meet the conditions referred to in Article 18 paragraph (1), tourism business registration was suspended temporarily. CHAPTER X PROVISIONS of TRANSITIONAL Article 26 (1) a permit Remains valid for Tourism Businesses and entrepreneurs has been owned before the establishment of this ministerial regulation to temporarily be treated the same as the sign of a list of Business Tourism. (2) Employers who have permission Remain the tourism Venture as referred to in paragraph (1), obliged to apply registration and compulsory tourism venture has a list of Business Tourism in the longest period of 1 (one) year since the Ministerial Regulation was enacted. CHAPTER XI CLOSING PROVISIONS article 27 www.djpp.depkumham.go.id at the time of this Ministerial Regulation entered into force, the decision of the Minister of culture and tourism numbers: KEP-012/MKP/IV/2001 of Licensing guidelines of the Tourism Business was revoked and declared inapplicable. Article 28 of this Ministerial Regulation comes into force on the date specified. 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 November 16, 2010 MINISTER of CULTURE and TOURISM, JERO WACIK Enacted in Jakarta on December 31, 2010 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR www.djpp.depkumham.go.id