Regulatory Region Number 30 Of 2010

Original Language Title: Peraturan Daerah Nomor 30 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd9f91b230b970313634353130.html

The DRAFT of the DRAFT REGULATION to the AREA of WEST JAVA NUMBER 31 in 2010 ABOUT CHANGES to the APPLICABLE LOCAL PROVINCIAL level I WEST JAVA AREA number 2 in 1999 ABOUT the COMPANY BUSINESS and MINING AREA of AGRI PROVINCE AREA level I WEST JAVA with the GRACE of GOD ALMIGHTY the GOVERNOR of West Java, Considering: a. that the business entity belonging to the region has a strategic role in the development process and regional economic increase and has the function as the original source of income Areas; b. that the area of Agribusiness and mining Region Province level I West Java founded based on local regulations the province level I West Java Area number 2 in 1999, its operational experience in a variety of problems that resulted in losses, so the need for significant steps through corporate restructuring Areas; c. that based on considerations as referred to in letters a and b, the necessary changes to the Regulation region of Province level I West Java Area number 2 in 1999, which is set by local regulations of West Java province; Remember: 1. Act No. 11 of 1950 on the establishment of the province of West Java (Republic Indonesia on 4 July 1950), Jo. Act No. 8 of 1950 the Government of Jakarta Raya (Indonesia Country Sheet Republic of 1950 the number 31, an additional Sheet of the Republic of Indonesia number 15) as amended several times, the last by Act No. 29 of 2007 about the provincial Government of Jakarta as the capital of the State Union of Republic Indonesia (State Gazette of the Republic of Indonesia Number 93 in 2007, an additional Sheet of the Republic of Indonesia Number 4744) and Act No. 23 of 2000 on the establishment of Banten Province (State Gazette of the Republic of Indonesia Year 2000 Number 182, additional sheets of the Republic of Indonesia Number 4010); 2. Law number 5 in 1962 about the company area (Gazette of the Republic of Indonesia number 10 in 1960, an additional Sheet of the Republic of Indonesia Number 2387); 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); http://www.bphn.go.id/2 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. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 6. 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); 7. Government Regulation Number 58 in 2005 about the financial management area (State Gazette of the Republic of Indonesia Number 140 in 2005, an additional Sheet of the Republic of Indonesia Number 4578); 8. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609) as amended by the Government Regulation Number 38 in 2008 about the changes to the Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of Republic of Indonesia in 2008 Number 78 Additional Sheets, the Republic of Indonesia Number 4855); 9. 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); 10. Applicable local Provincial level I West Java Area number 2 in 1999 about the company's agribusiness and mining Region Province level I West Java Region (the regional Gazette in 1999 number 6 D Series); 11. Applicable local Provincial level I West Java Area number 5 of 1999 regarding the Agency Supervisors, directors and officers of Companies Region Province level I West Java Region (the regional Gazette in 1999 Number 4A Series D); 12. West Java area of Regulation No. 3 of 2005 on the establishment of Regional Regulations (Gazette No. 13 of 2005 Regional E series, an additional Sheet region number 15) as amended by regulation region of West Java province number 5 in 2010 about the changes to the regulations of the province of West Java Area number 3 in 2005 on the establishment of Regional Regulations (Gazette No. 5 of 2010 Area E series Additional Sheets, region number 71); http://www.bphn.go.id/3 13. West Java area of Regulation number 6 in 2008 about the management of goods belonging to the region (the regional Gazette in 2008 E series number 5, an additional Sheet region number 42) as amended by regulation region of West Java province number 8 in 2010 about the changes to the Regulation region of West Java province number 6 in 2008 about the management of goods belonging to the region (the regional Sheets 2010 Number 8 series E Additional Sheets, region number 74); 14. West Java area of Regulation No. 10 in 2008 about the Affairs of the Government of the province of West Java (Gazette No. 9 of 2008 the area of Serie D, additional Sheets region number 10); 15. West Java area of Regulation No. 12 in 2008 about the fine points of regional financial management (2008 Region Sheet number 11 E series, an additional Sheet region number 12); 16. West Java area of Regulation number 1 of 2010 about the preparation and the management of a Program of regional Legislation (Gazette No. 1 of 2010 Area E series, an additional Sheet number 1 Area); With the approval of the joint COUNCIL of PERWAKlLAN REGION of WEST JAVA and WEST JAVA GOVERNOR DECIDED: setting: LOCAL REGULATIONS CONCERNING CHANGES to the APPLICABLE LOCAL PROVINCIAL level I WEST JAVA AREA number 2 in 1999 ABOUT the COMPANY BUSINESS and MINING AREA of AGRI PROVINCE level I WEST JAVA AREA. Article I some provisions in the regulations of the regional Province of West Java Region number 2 of 1999 regarding Regional Agribusiness and Mining Company Daerah level I West Java (1999 Areas Sheet number 6 D Series), amended as follows: 1. The provision of article 1, after the letter g letter plus the g1 as follows: g1. Restructuring is the efforts made in the framework of community-owned enterprises Areas which is one of the strategic steps to improve the internal conditions in order to improve performance and enhance the value of the company. http://www.bphn.go.id/4 2. The provisions of article 7, amended as follows: article 7 (1) the basic Capital of the company amounting to Rp. defined Regions 72,771,688,651.00 (seventy-two billion seven hundred and seventy-one million six hundred and eighty-eight thousand six hundred and fifty-one cents). (2) the basic Capital as referred to in paragraph (1), have been met by local governments as owners of the company amounted to Rp. 72,771,688,651.00 Area (seventy-two billion seven hundred and seventy-one million six hundred and eighty-eight thousand six hundred and fifty-one cents). 3. Among the CHAPTERS XVI and Chapter XVII, inserted CHAPTER XVIA consisting of Article 19a and 19b Chapters as follows: CHAPTER XVIA RESTRUCTURING of article 19a (1) local governments should do to improve areas of corporate restructuring and optimizing the performance of the company's areas, for a period of at least 1 (one) year since the enactment of the regulations in this Area. (2) the restructuring referred to in subsection (1), include: a. assets; b. type of business; c. capital and finance; and d. the organization. (3) the provisions concerning procedures and mechanisms of restructuring referred to in subsection (1) and (2), be governed more by the Governor in accordance with the legislation. Article 19b (1) corporate restructuring Areas as referred to in Article 19a may be either: a. investment and enterprise development; b. legal form changes into a limited liability company; c. merger/merger; and/or d. liquidation. (2) the Governor conveyed the results of restructuring referred to in subsection (1) to the PARLIAMENT. http://www.bphn.go.id/5 4. The provisions of article 20, after paragraph (1) added paragraph (1a) as follows: (1a) during a period of restructuring process as referred to in Article 19a, paragraph (1) of the regional Companies still operate as usual. Chapter II Rules this area comes into force on the date of promulgation. So that everyone can know it, ordered the enactment of regulations in this Area with its placement in the piece area of West Java province. Set in Bandung on December 31, 2010 WEST JAVA GOVERNOR AHMAD HERYAWAN ttd, Enacted in Bandung on December 31, 2010 SECRETARY of West Java, ttd LEX ADMIRAL SHEET REGION of WEST JAVA in 2010 NUMBER 31 E series http://www.bphn.go.id/


6 EXPLANATION of REGULATORY REGIONS of WEST JAVA PROVINCE NUMBER 31 in 2010 ABOUT CHANGES to the APPLICABLE LOCAL PROVINCIAL level I WEST JAVA AREA number 2 in 1999 ABOUT the COMPANY BUSINESS and MINING AREA of AGRI PROVINCE level I WEST JAVA AREAS i. Agribusiness Area PUBLIC Companies and mines Regional Provincial level I West Java as one business entity belonging to the region with the shape of the corporate law Area functions among others as one of the original sources of income of the region. The performance of the company's agribusiness and Mining Areas of West Java province in the period of 10 (ten) last year shows the development that does not comply with expectations and continuous losses. Against the company, the Bank's efforts should be done by improving the company's performance and optimize the area thoroughly through the restructuring of the company include the assets, type of business, financial and capital as well as the Organization to create a conducive business climate, thus achieved efficiency and optimal service. In the implementation of the restructuring, local authorities as regulators who have functional relationships with Regional Companies need to give settings and Setup Regional Companies as a business entity, including applying the principles of good corporate governance (good corporate governance) and set direction in order execution of the obligations of the public service. With respect to the need for changes to the Regulation region number 2 of 1999 regarding Local Agribusiness and mining Province level I West Java Area, which is specified by local regulations. II. For the SAKE of ARTICLE ARTICLE article I: Figure 1: Figure 2: sufficiently clear chapter 7: paragraph (1): authorized capital in this provision is the total number of paid-in capital in stages by regional Governments, which at the time of establishment of a set of Rp. 20,000,000,000.00 (two dozen Mylar rupiah). http://www.bphn.go.id/7 subsection (2): the amount of capital that has been filled by the local Government of Rp. 72,771,688,651.00 (seventy-two billion seven hundred and seventy-one million six hundred and eighty-eight thousand six hundred and fifty-one cents), with details as follows: 1. the establishment of initial capital, amounting to Rp. 7,956,688,651.00 (seven billion nine hundred and fifty-six million six hundred eighty-eight thousand six hundred and fifty-one cents); 2. The inclusion of capital regional government in 1999, amounting to Rp. 2,000,000,000.00 (two billion dollars); 3. The local government capital Investment in 2000 amounting to Rp. 8,200,000,000.00 (eight billion two hundred million rupiah); 4. The inclusion of capital regional government in 2001, amounting to Rp. 32,540,000,000.00 (thirty-two billion five hundred forty million dollars); 5. The inclusion of Government capital in the region in 2002, amounting to Rp. 10,825,000,000.00 (ten billion eight hundred twenty-five million dollars); 6. The local government capital Participation in 2003, amounting to Rp. 6,900,000,000.00 (six billion nine hundred million rupiah); and 7. Local government capital investment in 2004, amounting to Rp 4,350,000,000.00 (four billion three hundred and fifty million rupiah). Figure 3: article 19a: subsection (1): Restructuring done to nourish the Regional Companies to be able to operate in an efficient, transparent, and professionals in order to improve the performance and value of the company. Subsection (2): sufficiently clear paragraph (3): sufficiently clear Chapter 19b: subsection (1): sufficiently clear paragraph (2): sufficiently clear http://www.bphn.go.id/8 Figure 4: article 20: subsection (1a): sufficiently clear Chapter II: ADDITIONAL SHEET is quite clear the AREA of WEST JAVA NUMBER 94 http://www.bphn.go.id/