Applicable Local Number 11 Of 2010

Original Language Title: Peraturan Daerah Nomor 11 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd9c194dd082a1313634353034.html

11. BUSINESS ENTITY BELONGING to the DESA 1 MAGELANG REGENT MAGELANG REGION REGULATION number 11 of 2010 ABOUT the VILLAGE-OWNED ENTERPRISE with the GRACE of GOD ALMIGHTY MAGELANG REGENT, Considering: a. that the virtue – Number 32 year 2004 about local governance and Government Regulation Number 72 in 2005 about the village, the village Government can establish a Village-owned enterprises in accordance with the needs and potential of the village; b. that the Village-owned enterprises had an important role in the economy of the village in order to realize the welfare of society so that the management and pengawasannya should be done in a professional manner; c. that based on considerations as referred to in letter a and letter b, as well as to implement the provisions in article 81 Government Regulation Number 72 in 2005 About the village need to establish local regulations about business entity belonging to the village. Remember: 1. Act No. 13 of 1950 on the establishment of County regions In Central Java province; 2. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia in 2004 53 Number of additional sheets of the Republic of Indonesia Number 4389); 3. Law – 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 it has several times changed with 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); 4. Act No. 33 of 2004 concerning the Financial Equalization Between the Central Government and the regions (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438) 5. Government Regulation Number 21 in 1982 about the transfer of the capital of the Regency of Magelang Regencies of the municipality of Magelang Regencies to Mungkid Sub-district in the District of Magelang Regencies (State Gazette of the Republic of Indonesia Number 36 in 1982); http://www.bphn.go.id/2 6. Government Regulation Number 72 in 2005 about the village (Gazette of the Republic of Indonesia Number 158 in 2005, an additional Sheet of the Republic of Indonesia Number 4587). 7. 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); 8. the presidential Regulation No. 1 of 2007 about the Endorsement, Enactment and Dissemination of legislation; 9. Applicable local Magelang Regency No. 10 of 2004 concerning the mechanism of public consultation (Magelang Region Gazette 2004, number 17 Serie E number 9); 10. Regulation of Magelang Region number 2 in 2006 about the procedures for the establishment of Regional Regulations (Gazette Magelang Region 2006 number 11 E series number 17); 11. The regulation of Magelang Region number 2 in 2007 about the drafting of guidelines for the Organization and governance of the village government work (Sheet Area Magelang Regency in 2007 number 2); 12. Applicable local Magelang Number 21 in 2008 about Government Affairs who became the authority on local governance Magelang (Magelang Region Gazette Year 2008 Number 21); 13. Applicable local Magelang number 26 in 2008 about the source of income of the village (the regional Gazette Magelang Regency in 2008 number 26); 14. Local regulations Magelang Number 27 in 2008 about the Cooperation of the village (the sheets 2008 Magelang Region Number 27); With the approval of the joint HOUSE of REPRESENTATIVES DISTRICT MAGELANG, MAGELANG REGENT and DECIDED: setting: LOCAL REGULATIONS ABOUT BUSINESS ENTITY BELONGING to the DESA CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The Government is the Central Government. 2. The Government of the province of Central Java province is the Government. 3. The area is Magelang Regency. 4. Local Government is a Government of Magelang Regency. 5. The Regent was Regent. 6. Sub is working area as a regional head of Magelang Regency. 7. the Head is the head of the subdistrict in Magelang Regency. http://www.bphn.go.id/3 8. The village is the unity of Community law which has territorial boundaries are authorized to arrange and take care of the interests of the local community based on the origin and the local customs are recognized and respected in the system of Government of the Republic of Indonesia Unity State. 9. The Government of the village is the Organization of Government Affairs by the Government of the village and the village's Consultative Body. 10. The Government of the village is the village chief and Councilor. 11. Village of Consultative Bodies hereinafter BPD is the institution that is the embodiment of democracy in the Organization of the Government of the village as the village Government organizers. 12. The device of the village is the village chief helpers who carry out duties and obligations in the village government consists of the Secretary of the village and other villages. 13. the sources of income of the village is the source of the village's acceptance comes from the revenue of the original village, village Fund Allocation, aid from the Government, provincial government, local government, and donations from third parties or grant. 14. Budget revenue and Expenditure of the village which further abbreviated as APBDesa is the annual budget of the Government program and the construction of the village which was elaborated and translated in rupiah figures, containing an estimated target of revenue and an estimate of the highest limit shopping village. 15. the Village-owned enterprises further abbreviated BUMDesa is an institution or agency engaged in the economy that was created and is maintained by the Government of the village with capital entirely or partially Government-owned village or obtained from the wealth of the village separated. CHAPTER II FORM of BUSINESS ENTITY BELONGING to the VILLAGE article 2 BUMDesa can be established based on the initiative of the Government of the village and/or community based on deliberation villagers taking into account: a. the potential economic effort of the community; b. There is a unit of the business activities of the privately run community economic cooperative; c. There is a wealth of village given over to managed as part of the efforts of the village; d. existence of capital investment from the Government of the village in the form of the wealth of the village separated from the village of wealth management; e. the existence of Community financial institutions business unit submitted and became part of the business unit BUMDesa. Article 3 (1) the establishment of the BUMDesa referred to in article 2 are set by regulation of the village based on the provisions of the legislation. (2) the activities of the village-owned enterprises must comply with the intent and purpose as well as not contrary to the legislation, public order and/or decency. (3) against the applicable provisions of Regulation BUMDesa of these areas, the Statutes/bylaws and provisions of other legislation. Article 4 (1) BUMDesa as referred to article 2 was an attempt by the Government-run Village Villages and communities. http://www.bphn.go.id/4 (2) the Business of the village referred to subsection (1) is a type of business that includes the Ministry of economy of the village. Article 5 (1) the form BUMDesa as referred to article 2 should be incorporated in law. (2) the legal entities referred to in subsection (1) may include: a. the institution's business, namely business unit which is wholly derived from Government ownership of the village and the community such as micro small and medium enterprises; b. rural microfinance institutions, such as the economic efforts of the village, save the loan, the credit agency village, community-based agencies save loan, the institution of the village, the village barn, and so on. CHAPTER III MANAGEMENT of article 6 (1) management of BUMDesa consists of the village Government and the community. (2) management of BUMDesa as mentioned in subsection (1) consists of: a. the Commissioner; b. a Supervisory Agency; c. the Board of Directors. (3) the Superintendent referred to in subsection (2) are defined by the decision of the head of the village. Article 7 Terms to be caretaker of the BUMDesa of the community as referred to in article 6 are: a. resides and has settled at least 2 (two) years; b. at least has been aged 25 (twenty five) years and extended the age sixty (60) years of age; c. ADMIN, or at least educated equal; and d. have entrepreneurial soul and ability to run the business. Article 8 term of governance BUMDesa set 5 (five) years and can be re-elected for the next term. Article 9 Sysop BUMDesa can be dismissed when: a. dies; b. resignation; c. has been dated at sixty (60) years d. resettled outside the village; e. ending period marred; f. can not perform the duties properly; and g. due to a criminal act stuck up has acquired legal decision anyway. Article 10 (1) turn of the caretaker BUMDesa between time filled in based on the results of the deliberations of Executive Board BUMDesa. (2) members of the Executive Board BUMDesa service replacement tailored to service management replaced. http://www.bphn.go.id/


5 article 11 in the case BUMDesa has business units can be appointed head of the Business Unit. CHAPTER IV DUTIES and OBLIGATIONS, AUTHORITY and RIGHTS of the EXECUTIVE BOARD article 12 (1) duties and obligations of Commissioners: a. gives advice to the Board of Directors and head of Business Unit in exercising management of the BUMDesa; b. provide advice and opinions regarding issues that are considered important for the management of the BUMDesa; and c. supervise the execution of the business activities in the event of symptoms decrease in performance management. (2) to carry out the duties and obligations, the Commissioner has the authority to: a. ask for an explanation from the Executive Board on all matters pertaining to the management of the BUMDesa; and b. endeavour to protect the village against a things that can undermine the continuity and image BUMDesa. Article 13 (1) Supervisory duties and obligations are as follows: a. supervise the implementation of activities BUMDesa at regular intervals of three (3) months and on an annual basis after the close of the book; b. accommodate reports and complaints from the public related to the implementation of the management of the BUMDesa; c. clarifying the report/complaint is received to the Board of Directors; and d. submit a report of the results of supervision to the Commissioner every 3 (three) months and after the close of the book each year. (2) the Supervisory Authority are as follows: a. request a description as well as data from the Board of Directors and head of Business Unit; b. ask for an explanation in writing from the Board of Directors on matters that arise both from public complaints or reports/findings the results of supervision; and c. pass on suggestions to the head of the village to the replacement of the Executive Board in the performance of his duties, there is a record of a performance is not good. Article 14 (1) Board of Directors ' Duty is to: a. develop and foster business entity in order to grow and develop into an institution that can serve the economic needs of the community; b. strive to keep the pace of the economic service of the village fair and equitable; c. establishing cooperation with other institutions of the economy; d. explore and exploit the economic potential of the village to increase revenue of the original villages; and e. providing reports to the business development of the village through village discussion forum at least twice a year. (2) the obligation of the Board of Directors are: a. submit a report to the Commissioner every 3 (three) months; and b. submit a report of the activities of at least 6 (six) months to the Government of the village through village discussion forum. http://www.bphn.go.id/6 of article 15 (1) the Commissioner, the Board of Directors and the Supervisory Agency has the right to recognition of the legitimate income from implementation of his duties that the magnitude of the tailored to the capabilities and advantages of business BUMDesa. (2) the implementation Arrangements the granting of income referred to in subsection (1) is set in the Statutes/Bylaws. Article 16 Commissioners, Agency supervisors and Board of Directors are not allowed to take a personal benefit either directly or indirectly from the activities of the BUMDes in addition to legitimate income. Chapter V article 17 CAPITAL (1) Capital BUMDesa can come from: a. the Government of the village; b. the savings of the community; c. Government assistance, the provincial government and County Government; d. loans; and/or e. capital Participation of the other party or on the basis of the results of the cooperation for mutual benefit. (2) the Capital of the Government of the village referred to subsection (1) include a capital letter a is on the BUMDesa of the wealth of the village separated. (3) the Government of the village can be estimated from the capital investment budget of revenue and Expenditure of the village at BUMDesa in accordance with the legislation. (4) the inclusion of capital on BUMDesa defined by the regulations of the village. (5) a discussion about the inclusion of Village Regulation on capital BUMDesa performed together at the time of the discussion of Budget revenue and Expenditure of the village. CHAPTER VI for the FISCAL YEAR and FISCAL YEAR BUSINESS ENTITY BELONGING to the DESA Chapter 18 fiscal year and the fiscal year using the calendar system is BUMDesa namely it begins on 1 January and ends up with a December 31 year run. Article 19 (1) For BUMDesa business results every year, used for capital increase, cash village, production services and other activities in accordance with the provisions. (2) the provisions concerning the magnitude of the effort for the results referred to in paragraph (1), provided for in the rules of the village. CHAPTER VII COOPERATION with THIRD PARTIES article 20 (1) BUMDesa can have cooperation with third parties in accordance with the provisions of the legislation. http://www.bphn.go.id/7 (2) in the case of cooperation does not require the guarantee to property owned or managed BUMDesa and does not result in a load of debt, the cooperation plan is reported in writing to the Commissioner. (3) in the case of cooperation requires the guarantee of property owned or managed BUMDesa and resulted in a load of debt, the cooperation plan is subject to approval of Commissioner and BPD. CHAPTER VIII the MECHANISM of MANAGEMENT and ACCOUNTABILITY chapter 21 Executive Board BUMDesa is responsible to the head of the village. Section 22 (1) the village head is obliged to convey progress report BUMDesa to the Regent through head of at least one (1) times within 1 (one) year. (2) the report referred to subsection (1) is part of the Government's holding of the village Report (LPPD) the end of the fiscal year or the end of the term of Office of the head of the village. CHAPTER IX GUIDANCE and SUPERVISION Article 23 (1) the Regents do coaching and supervision against the conduct of the activities of the BUMDesa. (2) the construction referred to in subsection (1), among others, provide guidelines, training, guidance, direction and supervision in accordance with the provisions of the legislation. (3) implementation of coaching and supervision as referred to in paragraph (1) may be delegated to the Head. (4) the Head referred to in subsection (3) shall be obliged to report on the execution of his duty to the Regent. CHAPTER X PROVISIONS of TRANSITIONAL Article 24 existing BUMDesa moment remains valid and must comply with local regulations is at least 1 (one) year after the regulatory area is enacted. CHAPTER XI CLOSING PROVISIONS Article 25 Things – things that have not been provided for in the regulation of this area, all about technical pelaksanaanya further regulated by regulation of Regent. http://www.bphn.go.id/8 of article 26 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 sheet Area Magelang Regency. Set in the town of Mungkid on October 11, 2010 REGENT SINGGIH SANYOTO MAGELANG, Enacted in the city Mungkid on October 11, 2010 SECRETARY MAGELANG UTOYO MAGELANG REGION GAZETTE year 2010 number 11 http://www.bphn.go.id/9 EXPLANATION of APPLICABLE LOCAL MAGELANG number 11 of 2010 ABOUT BUSINESS ENTITY BELONGING to the DESA i. public as the implementation of the provisions of article 78, article 79 , Article 80, and section 81 Government Regulation Number 72 in 2005 about the village in particular to bring about the empowerment of the community, have the meaning that the conduct of the Government in the development and implementation of the village the village is intended to improve the standard of living and welfare of the public through the setting of policies, programs and activities of the rural community empowerment. Community empowerment program policy assignment is done by increasing the capacity of communities in planning and managing the economy of the village as well as supporting local investment and improve rural economy and urban linkages by developing the rural economy and infrastructure needed to develop rural micro enterprise productivity, which one of them through the development of Village-owned enterprises (BUMDesa). With respect to such matters, to provide guidelines for the Government of the village and the community in the framework of the establishment of Village-owned enterprises (BUMDesa) need to establish local regulations about business entity belonging to the village. II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear. Article 2 is quite clear. Article 3 is quite clear. Article 4 paragraph (1) is maintained by the Government of the village and the community is the ownership and management of capital subsection (2) is the kind of effort that includes the Ministry of the economy of the village is: a. Business Unit financial services: such as loan and save electricity, of the village, and other similar business b. Unit of trade: such as the establishment of kiosks, stores c. small industrial Units and craft home date : like the making of tempe, tofu, woven crafts d. economy activity units and units of other services: management of Village and/or Market stall village, channeling 9 (nine) Staples, channeling and the provision of seeds and fertilizers, saprodi agriculture, forestry, animal husbandry, fish auction management, electrical and telecommunication village village. transport to the river crossing, rural transport, waste management garbage etc. http://www.bphn.go.id/


10 article 5 paragraph (1) is the legal body is already received recognition via a Notary clause (2) sufficiently clear article 6 paragraph (1) is the management of BUMDes consists of the Government and people of the village are the village Government as Adviser (Commissioner) and implementing the operational elements of the community as (Board of Directors) of paragraph (2) a. Commissioner (Advisors) are assumed by the ex officio head of the village concerned. b. Supervisory elements lifted from the consultation that community leaders have the ability in kegaiatan business economy. c. the Board of Directors (Executing Operational), appointed on the basis of deliberations between the Government of the village with community elements, which can amount to 3 (three) persons comprising the Director of the effort, Director of marketing and Director of finance. Paragraph (3) sufficiently clear article 7 article 8 quite clear Enough clear article 9 Article 10 clearly Enough clear enough article 11 article 12 is pretty clear pretty obvious Article 13 Article 14 is quite clear clear enough Article 15 article 16 is quite clear clear enough article 17 paragraph (1) is quite clear http://www.bphn.go.id/11 paragraph (2) referred to the wealth of the village separated from the budget of revenue and Expenditure of the village is the wealth of the village, managed by the community of programmes and projects of the Government and the Local governments such as the UED-SP, P2KP program, UPK program PNPM Mandiri, the PKK-and more. Paragraph (3) sufficiently clear paragraph (4) is quite clear Verses (5) sufficiently clear Article 18 article 19 clearly Quite clear enough article 20 Article 21 is pretty clear pretty obvious Article 22 Article 23 is quite clear clear enough Article 24 clear enough Article 25 Article 26 pretty clear pretty clear http://www.bphn.go.id/