Local Regulations Number 14 Of 2010

Original Language Title: Peraturan Daerah Nomor 14 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd9e09fc9086be313634353038.html

The DRAFT REGULATION AREA of SOUTH SUMATRA PROVINCE number 14 in 2010 ABOUT the ROUTES of TRANSPORT PERMIT LEVY on rivers, lakes and CROSSING TRAFFIC KABUPATEN/KOTA with the GRACE of GOD ALMIGHTY the GOVERNOR of South Sumatra, Considering: a. that based on the provisions of article 28 paragraph (4) of Act No. 17 of 2008 about cruise, the Governor was given the authority to issue permits the routes of transport crossing of the River, Lake and cross-district/city; b. that permits transport routes, lakes and river crossings are given in order to reform and control of transit and crossing rivers, lakes and one of the area's original source of income; c. that based on considerations as referred to in letter a and letter b, need to establish local regulations Permit the routes of Transport Levy of river, Lake and the crossing of cross-district/city. Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 25 of 1959 concerning the establishment of the area of level I South Sumatra (Indonesia Republic Gazette 1959 Number 70, additional sheets of the Republic of Indonesia Number 1814); 3. Act No. 8 of 1981 on the book of the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); 4. 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 last amended by law No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);

-2-5. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and the regional Government (the State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 6. Act No. 17 of 2008 about the voyage (Gazette of the Republic of Indonesia Number 64 in 2008, an additional Sheet of the Republic of Indonesia Number 4849); 7. Act No. 28 of 2009 about local tax and Regional Levies (State Gazette of the Republic of Indonesia Number 130 in 2009, an additional Sheet of the Republic of Indonesia Number 5049); 8. Government Regulation Number 27 in 1983 on the implementation of Law – Law No. 8 of 1981 on the book of the Law – the law of criminal procedure (State Gazette of RI 1983 Number 36, State Gazette Extra RI Number 3258). 9. Government Regulation Number 82 in 1999 about transport in Waters (State Gazette of the Republic of Indonesia Number 187 in 1999, an additional Sheet of the Republic of Indonesia Number 3907); 10. 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); 11. The decision of the Minister of Justice Number m. 04. PW. 07.03 in 1984 about the authority Investigating civil servant; 12. The decision of the Minister of Home Affairs number 7 in 2003 about an operational guidelines for Investigators in the area of Civil enforcement of local regulations; 13. The regulation Area of South Sumatra Province number 5 in 2008 about Investigator civil servant (the sheets 2008 Area number 5 Serie E); 14. Local regulations of South Sumatra Province number 8 in 2008 about the Organization and the Work of the Regional Office of the province of South Sumatra (the sheets 2008 number 2 Region Series D), as amended by Regional Regulation number 7 in 2010 (the regional Sheets 2010 Serial number 4 D).

-3-with the approval of the HOUSE of REPRESENTATIVES along with the AREA of SOUTH SUMATRA PROVINCE and SOUTH SUMATRA GOVERNOR DECIDED: setting: LOCAL REGULATIONS PERMIT the ROUTES of TRANSPORT LEVY of river, Lake and the CROSSING of CROSS-district/city. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. is the Province of South Sumatra Province. 2. The Governor is the Governor of South Sumatra. 3. Department of transport communications and Informatics is the Office of Transport communication and Informatics of South Sumatra Province. 4. Route Permission is the permission given for the Organization of the transport of passengers and goods on the River, the Lake and the crossing on route or cross county/city in South Sumatra Province. 5. Permit the routes of Retribution is the fee charged upon the granting of the permit number. 6. Compulsory Levy was given permission in each ship routes on the River, the Lake and the crossing of cross-district/town in Sumatra Province Selalatan. 7. The time of retribution is a period of time which is the time limit for the compulsory levy for utilising the service permits the routes of transport crossing of the River, Lake and cross-district/city. 8. Certain Permissions are specific activities of local government in the order granting permission to a private person or entity that is meant for construction, control and supervision over activities, use of space, as well as the use of natural resources, goods, infrastructure, specific facilities or means in order to protect the public interest and maintaining environmental sustainability.

-4 - 9. Letter of the statutes hereinafter abbreviated Area Levy SKRD is a letter of the Ordinance levies that determines the magnitude of the amount of principal owed levy. 10. Letter of the statutes of the regional Pay Less Levy hereinafter abbreviated to SKRDKB is the letter of the statutes, levy published in case of shortage of pay by compulsory levy in accordance with the amount of unpaid levies. 11. The letter further areas Levy Bill abbreviated STRD is a letter to do Bill levy and/or administrative sanction in the form of interest and/or a fine. 12. the governing body is a group of people and/or capital which is unity, both doing business and not doing business that includes limited liability company, the company komanditer, the company's other State-owned enterprises (SOEs), or Areas owned enterprises (BUMD) with name and in any form, firm, peers, cooperatives, pension funds, Association, Assembly, foundations, organizations, social and political organizations, or other organizations forms, institutions and other bodies including the collective investment contract and business form anyway. 13. The investigator civil servant who then shortened in 1988 was 1988, the Government of South Sumatra Province on duty at the Department of transportation, communication and Informatics of South Sumatra Province. 14. Payment of the Levy is the obligation to pay a compulsory levy. CHAPTER II name, OBJECT and SUBJECT LEVIES article 2 with the name of a transport Route Permit levy on rivers, lakes and cross-district/city Crossings, imposed levy as payment for services to the private route permission or agency that provides the service of freight crossings of rivers, lakes and cross-district/city in the province.

-5 – article 3 grant of permission is Retribution Object routes to private persons or entities to provide public passenger transport on one or more routes, lakes and river crossings traffic kabupaten/kota. Article 4 the subject of Retribution is a private person or entity that is using or enjoying the service and permit the routes of transport crossing of the River, Lake and cross-district/city. CHAPTER III the LEVY Levy article 5 permits the routes of transport streams, the Lake and the crossing of the cross-county/city including the licensing of certain retribution. CHAPTER IV PRINCIPLES EMBRACED in the DETERMINATION of the STRUCTURE and MAGNITUDE of TARIFF LEVY on article 6 (1) Principles and objectives in the determination of the price of the levy is based on the goal to close some or all of the cost of organizing the granting of permits are concerned. (2) the cost of organizing the granting of a permit referred to in subsection (1) include the issuance of permits, supervision of the courts, law enforcement, administering, and the cost of the negative impact of the granting of such permission. Article 7 the rate of use of the service is calculated based on the number of permits granted and the type of transport. Chapter V STRUCTURE and MAGNITUDE of TARIFF LEVIES article 8 structure and magnitude of tariff levies are as follows: transport route Permit rivers, lakes, and the crossing of cross county/city of IDR 1,000,000/year for 5 per permit.


-6-article 9 Granting the permission of transport routes, lakes and river crossings traffic district/city which became the provincial authority is less than or equal to 7 gt. Article 10 Levy payable imposed in the territory of the region of the province. CHAPTER VI VOTING and the REMITTANCE article 11 (2) Eritreans levy referred to in article 7 paragraph (2) may not be diborongkan and is valid in accordance with the validity period of permission. (2) the procedures for the implementation of the levy of the poll referred to in subsection (1) is designated by the Governor. (3) the remittance receipt of retribution done at once and can not be diangsur. (4) the implementation of a deposit referred to in subsection (3) conducted a special receiver to the Treasurer of the Bank Sumsel Babylon as the provincial Government Treasury Holders no later than 1 × 24 hours in accordance with the provisions of the applicable legislation. Article 12 (1) the Levy imposed by the use of the letter of the statutes, Levy County or other documents which are used interchangeably. (2) the payment of levies owed should be repaid at once. (3) the procedures for payment, deposit and place a levy on payments set by regulation of the Governor. CHAPTER VII the TERM LEVY Article 13 (1) Transport Route Permit Levy, Lake and River Crossings Traffic Kabupaten/Kota is valid for 5 (five) years and can be extended.

-7-(2) the holder of the permit the routes of transport streams, lakes and crossing as referred to in paragraph (1) are subject to a mandatory report every year for the enactment of the route permission. (3) when the holder of a permit number as referred to in paragraph (2) was not reported then permit routes are considered no longer valid. (4) at least 3 (three) months before the expiration of the permit endless routes referred to in subsection (1) the holder of the permit renewal application pass on mandatory route permit routes for the next period of time. CHAPTER VIII ELIMINATION OF ACCOUNTS RECEIVABLE LEVY Article 14 (1) the right to perform billing levy expire after a time beyond three (3) years counted since terutangnya retribution, unless Compulsory Levies do criminal acts in the field of retribution (2) levies billing Expiry referred to in paragraph (1) tertangguh if: a. published a letter of Reprimand; or b. There is recognition of a debt levy of Mandatory Levies, whether direct or indirect. (3) in the event of publication of letters of Reprimand as referred to in paragraph (2) letter a, the expiry date is calculated from billing he received letters of Reprimand. (4) the recognition of a debt levy are directly referred to in paragraph (2) letter b is compulsory Levy with his consciousness States still had a debt levy and not pay it off to local governments. (5) a debt Recognition levy indirectly referred to in paragraph (2) letter b can be known from the filing of the petition or delay the payment of installments and petition objections by Compulsory Levy. Article 15 (1) accounts receivable levy that might not billed again because the right to perform the billing already expired can be eliminated.

-8-(2) the Governor set a decision of removal of the provincial levy that is outdated as stipulated in paragraph (1). (3) the procedures for removal of accounts receivable levies which already expired arranged with the Governor's Regulations CHAPTER IX ADMINISTRATIVE SANCTIONS article 16 (1) in the case of compulsory levies do not pay on time or less to pay billed using STRD and preceded by a letter of reprimand. (2) in the case of compulsory levies do not pay on time or less pay, administrative penalty in the form of an interest rate of 2% (two percent) per month from the value of the levy owed that is not or less pay and charged with using STRD. CHAPTER X, article 17 SUPERVISORY Scrutiny against the implementation of local regulations is made by the Governor and is technically enforced by the Office of Transportation operations, communication and informatics. CHAPTER XI INVESTIGATION Article 6 (1) in addition to the investigating officials of the State police of the Republic of Indonesia, officials of certain civil servants in the environment the provincial government authorized a special investigator to conduct the investigation as a criminal offence in the field regional levies referred to in Act No. 8 of 1981 on the law of criminal procedure. (2) the authority of the investigator as referred to in paragraph (1) are:-9-a. received, searching, collecting and researching information or reports with regard to criminal acts in the field regional levies so that such information be complete; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed in connection with a criminal offence in the field regional levies; c. ask for description and file proof of personal self or individual and or company owner in connection with a criminal offence in the field regional levies; d. examine the books, records and other documents relating to criminal acts in the field regional levies; e. conducting the search to obtain evidence bookkeeping, record keeping and other documents, as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation criminal acts in the field regional levies; g. enjoin or prohibit someone stop and leave the room or place at the time of the ongoing examination and checking the identity of the person and or documents taken as stated on the letter e; h. photographing someone related to a criminal offence in the field regional levies; i. call the people to be heard and examined his statement as a suspect or a witness; j. stop the investigation; k. perform other actions that are necessary for the smooth running of the crime investigation in the field regional retribution under 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 penyidikannya to the public prosecutor, in accordance with the applicable legislation.

-10-CHAPTER XII of the CRIMINAL PROVISIONS of article 19 (1) Compulsory Levies that are not to the detriment of responsilities of financial areas, threatened criminal confinement of not longer than three (3) months or a criminal fine of at most three (3) times the amount of levy payable that are not or less pay (2) a criminal offence referred to in subsection (1) is an offence. CHAPTER XIII CLOSING PROVISIONS article 20 things that have not been provided for in the regulation of this area, all regarding its implementation will be further defined by regulation of the Governor. Article 21 of the regulation of 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 Area of South Sumatra Province. Set in Kilkenny on September 24, 2010 GOVERNOR of South Sumatra, dto h. ALEX NOERDIN Enacted in Kilkenny on September 27, 2010 Plt. SECRETARY of SOUTH SUMATRA PROVINCE, dto YUSRI EFFENDY GAZETTE AREA of SOUTH SUMATRA PROVINCE in 2010 number 4 C SERIES